PUBLIC LAW 96-8 - 96TH CONGRESS
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP83B00551R000200010061-0
Release Decision:
RIFPUB
Original Classification:
K
Document Page Count:
8
Document Creation Date:
December 20, 2016
Document Release Date:
August 21, 2007
Sequence Number:
61
Case Number:
Publication Date:
April 10, 1979
Content Type:
REGULATION
File:
Attachment | Size |
---|---|
CIA-RDP83B00551R000200010061-0.pdf | 597.63 KB |
Body:
Approved For Release 2007/08/21 : CIA-RDP83B00551 R000200010061-0 Tab E
93 STAT. 14 PUBLIC LAW 96-8-APR. 10, 1979
Public Law 96-8
96th Congress
An Act
Apr. 10, 1979 To help maintain
peace, security, and stability in the Western Pacific and
[H.R. 2479] to promote the foreign policy of the United States by authorizing the
continuation of. commercial, cultural, and other relations between the
people of the United States and the people on Taiwan, and for other pur-
poses.
Be it enacted by the Senate and House of Representatives of the
Taiwan Relations United States ofAmerica in Congress assembled,
Act.
22 USC 3301
note.
SHORT TITLE
SECTION 1. This Act may be cited as the "Taiwan Relations Act".
FINDINGS AND DECLARATION OF POLICY
SEC. 2. (a) The President having terminated governmental relations
between the United States and the governing authorities on Taiwan
recognized by the United States as the Republic of China prior to
January 1, 1979, the Congress finds that the enactment of this Act is
necessary-
(1) to help maintain peace, security, and stability in the
Western Pacific; and
(2) to promote the foreign policy of the United States by
authorizing the continuation of commercial, cultural, and other
relations between the people of the United States and the people
on Taiwan.
(b) It is the policy of the United States-
(1) to preserve and promote extensive, close, and friendly
commercial, cultural, and other relations between the people of
the United States and the people on Taiwan, as well as the people
on the China mainland and all other peoples of the Western,
Pacific area;
(2) to declare that peace and stability in the area are in the
political, security, and economic interests of the United States,
and are matters of international concern;
(3) to make clear that the United States decision to establish
diplomatic relations with the People's Republic of China rests
upon the expectation that the future of Taiwan will be deter-
mined by peaceful means;
(4) to consider any effort to determine the future of Taiwan by
other than peaceful means, including by boycotts or embargoes, a
threat to the peace and security of the Western Pacific area and
of grave concern to the United States;
(5) to provide Taiwan with arms of a defensive character, and
main `capacl oT a n1 ties to resist any
resort to force or other forms of coercion that would jeopardize
the security, or the social or economic system, of the people on
Taiwan.
(c) Nothing contained in this Act shall contravene the interest of
the United States in human rights, especially with respect to the
Approved For Release 2007/08/21 : CIA-RDP83B00551 R000200010061-0
r.
Approved For Release 2007/08/21 : CIA-RDP83B00551 R000200010061-0
PUBLIC LAW 96-8-APR. 10, 1979 93 STAT. 15
human rights of all the approximately eighteen million inhabitants
of Taiwan. The preservation and enhancement of the human rights of
all the people on Taiwan are hereby reaffirmed as objectives of the
United States.
WPLEMENTATION OF UNITED STATES POLICY WITH REGARD TO TAIWAN
SEC. 3. (a) In furtherance of the policy set forth in section 2 of this
Act, the United States will make available to Taiwan such defense
articles and defense services in such quantity as may be necessary
to
enable Taiwan to maintain a sufficient self-defense capability.
(b) The President and the Congress shall determine the nature and
quantity of such defense articles and services based solely upon their
judgment of the needs of Taiwan, in accordance with procedures
established by law. Such determination of Taiwan's defense needs
shall include review by United States military authorities in connec-
tion with recommendations to the President and the Congress.
(c) The President is directed to inform the Congress promptly of any
threat to the security or the social or economic system of the people
on Taiwan and any danger to the interests of the United States
arising therefrom. The President and the Congress shall determine,
in accordance with constitutional processes, appropriate action by
the United States in response to any such danger.
APPLICATION OF LAWS; INTERNATIONAL AGREEMEN'I$
SEC. 4. (a) The absence of diplomatic relations or recognition shall
not affect the application of the laws of the United States with respect
to Taiwan, and the laws of the United States shall apply with respect
to Taiwan in the manner that the laws of the United States applied
with respect to Taiwan prior to January 1, 1979.
(b) The application of subsection (a) of this section shall include, but
shall not be limited to, the following:
(1) Whenever the laws of the United States refer or relate to
foreign countries, nations, states, governments, or similar enti-
ties, such terms shall include and such laws shall apply with
respect to Taiwan.
(2) Whenever authorized by or pursuant to the laws of the
United States to conduct or carry out programs, transactions, or
other relations with respect to foreign countries, nations, states,
governments, or similar entities, the President or any agency of
the United States Government is authorized to conduct and
carry out, in accordance with section 6 of this Act, such pro-
transactions, and other relations with respect to Taiwan
including, but not limited to, the performance of services for the
United States through contracts with commercial entities on
Taiwan), in accordance with the applicable laws of the United
States.
(3XA) The absence of diplomatic relations and recognition with
respect to Taiwan shall not abrogate, infringe, modify, deny, or
otherwise affect in any way any rights or obligations (including
but not limitei: to those involving contracts, debts, or property
interests of any kind) under the laws of the United States
heretofore or hereafter acquired by or with respect to Taiwan.
(B) For all purposes under the laws of the United States,
including actions in any court in the United States, recognition
of the People's Republic of China shall not affect in any way the
ownership of or other rights or interests' in properties, tangible
U.S. defense
articles and
services,
availability to
Taiwan.
22 USC 3302.
Security threat to
Taiwan.
Presidential
report to
Congress.
Approved For Release 2007/08/21: CIA-RDP83B00551 R000200010061-0
Approved For Release 2007/08/21: CIA-RDP83B00551 R000200010061-0
93 STAT. 16 PUBLIC LAW 96-8-APR. 10, 1979
and intangible, and other things of value, owned or held on or
prior to December 31, 1978, or thereafter acquired or earned by
the governing authorities on Taiwan.
(4) Whenever the application of the laws of the United States
depends upon the law that is or was applicable on Taiwan or
compliance therewith, the law applied by the people on Taiwan
shall be considered the applicable law for that purpose.
(5) Nothing in this Act, nor the facts of the President's action in
extending diplomatic recognition to the People's Republic of
China, the absence of diplomatic relations between the people on
Taiwan and the United States, or the lack of recognition by the
United States, and attendant circumstances thereto, shall be
construed in any administrative or judicial proceeding as a basis
for any United States Government agency, commission, or
department to make a finding of fact or determination of law,
42 USC 2011 under the Atomic Energy Act of 1954 and the Nuclear Non-
t USC 3201 Proliferation Act of 1978, to deny an export license application or
no
22
note. to revoke an existing export license for nuclear exports to
Taiwan. urposes the
1mm Ta(iSwaFno m y be treated in the m ~o r spe Nation. the Act,
8 USC 1152. sentence of section 202(b) of that Act. specified the first
(7) The capacity of Taiwan to sue and be sued in courts in the
United States, in accordance with the laws of the United States,
shall not be abrogated, infringed, modified, denied, or otherwise
affected in any way by the absence of diplomatic relations or
recognition.
(8) No requirement, whether expressed or implied, under the
'laws of the United States with respect to maintenance of diplo-
matic relations or recognition shall be applicable with respect to
Taiwan.
Treaties
and (c) For all purposes, including actions in any court in the United
other
international States, the Congress approves the continuation in force of all treaties
int rna on, and other international agreements, including multilateral conven-
con ional lions, entered into by the United States and the governing sutho -ities
approval. on Taiwan recognized by the United States as the Republic of China
prior to January 1, 1979, and in force between them on December 31,
1978, unless and until terminated in accordance with law.
(d) Nothing in this Act may be construed as a basis for supporting
the exclusion or expulsion of Taiwan from continued membership in
any international financial institution or any other international
organization.
Investment
projects,
insurance,
reinsurance,
loans or
guaranties.
22 USC 3304.
22 USC 2191.
OVERSEAS PRIVATE DME4TMENr CORPORATION
Sec. 5. (a) During the three-year period beginning on the date of
enactment of this Act, the $1,000 per capita income restriction'-in
clause (2) of the second undesignated paragraph of section 231 of the
Foreign Assistance Act of 1961 shall not restrict the activities of the
Overseas Private Investment Corporation in determining whether to
provide any insurance, reinsurance, loans, or guaranties with respect
to investment projects on Taiwan.
(b) Except as provided in subsection (a) of this section, in issuing
insurance, reinsurance, loans, or guaranties with respect to invest-
ntght projects on Taiwan, the Overseas Private Insurance Corpora-
tion shall apply the same criteria as those applicable in other parts of
the world.
Approved For Release 2007/08/21 : CIA-RDP83B00551 R000200010061-0
Approved For Release 2007/08/21 : CIA-RDP83B00551 R000200010061-0
PUBLIC LAW 96-8-APR. 10, 1979
THE AMERICAN INSTITUTE OF TAIWAN
SEC. 6. (a) Programs, transactions, and other relations conducted or
carried out by the President or any agency of the United States
Government with respect to Taiwan shall, in the manner and to the
extent directed by the President, be conducted and carried out by or
through-
(1) The American Institute in Taiwan, a nonprofit corporation
incorporated under the laws of the District of Columbia, or
(2) such comparable successor nongovermental entity as the
President may designate,
(hereafter in this Act referred to as the "Institute").
(b) Whenever the President or any agency of the United States
Government is authorized or required by or pursuant to the laws of
the United States to enter into, perform, enforce, or have. in force an
agreement or transaction relative to Taiwan, such agreement or
transaction shall be entered into, performed, and enforced, in the
manner and to the extent directed by the President, by or through the
Institute.
(c) To the extent that any law, rule, regulation, or ordinance of the
District of Columbia, or of any State or political subdivision thereof in
which the Institute is incorporated or doing business, impedes or
otherwise interferes with the performance of the functions of the
Institute pursuant to this Act, such law, rule, regulation, or ordi-
nance shall be deemed to be preempted by this Act.
SERVICES BY THE INSTITUTE TO UNITED STATES CITIZENS ON TAIWAN
SEC. 7. (a) The Institute may authorize any of its employees on
Taiwan-
(1) to administer to or take from any person an oath, affirma-
tion, affidavit, or deposition, and to perform any notarial act
which any notary public is required or authorized by law to
perform within the United States;
(2) To act as provisional conservator of the personal estates of
deceased United States citizens; and
(3) to assist and protect the interests of United States persons
by performing other acts such as are authorized to be performed
outside the United States for consular purposes by such laws of
the United States as the President may specify.
(b) Acts performed by authorized employees of the Institute under
this section shall be valid, and of like force and effect within the
United States, as if performed by any other person authorized under
the laws of the United States to perform such acts.
TAX EXEMPT STATUS OF THE INSTITUTE
SEC. 8. (a) The Institute, its property, and its income are exempt
from all taxation now or hereafter imposed by the United States
(except to the extent that section 11(aX3) of this Act requires the
imposition of taxes imposed under chapter 21 of the Internal Revenue
Code of 1954, relating to the Federal Insurance Contributions Act) or
by any State or local taxing authority of the United States.
(b) For purposes of the Internal Revenue Code of 1954, the Institute
shall be treated as an organization described in sections 170(bX1XA),
170(c), 20550, 2106(aX2XA), 2522(a), and 2522(b).
26 USC 170.
2055. 2106,
2522.
Approved For Release 2007/08/21 : CIA-RDP83B00551 R000200010061-0 `-~
? Approved For Release 2007/08/21 : CIA-RDP83B00551 R000200010061-0
93 STAT. 18 PUBLIC LAW 96-8-APR. 10, 1979
FUBNISIW O PROPERTY AND SERVICES TO AND OBTAINING SERVICES
FROM THE INSTTTUTB
22 USC 3308. SEC. 9. (a) Any agency of the United States Government is author-
ized to sell, loan, or lease property (including interests therein) to,
and to perform administrative and technical support functions and
services for the operations of, the Institute upon such terms and
conditions as the President
under this subsection shall be credited to the current applicable
appropriation of the agency concerned.
(b) Any agency of the United States Government is authorized to
acquire and accept services from the Institute upon such terms and
conditions as the President may direct. Whenever the President
determines it to be in furtherance of the purposes of this Act, the
procurement of services by such agencies from the Institute may be
effected without regard to such laws of the United States normally
applicable to the acquisition of services by such agencies as the
President may specify by Executive order.
(c) Any agency of the United States Government making funds
available to the Institute in accordance with this Act shall make
arrangements with the Institute for the Comptroller General of the
the Institute
United States to have access to
the the books and thi-ecords of e Institute.
and the opportunity operations
TAIWAN n49TRUMENTALITY
22 USC 3309. SEC. 10. (a) Whenever the President or any agency of the United
States Government is authorized or required by or pursuant to the
laws of the United States to render or provide to or to receive or
accept from Taiwan, any performance, communication, assurance,
undertaking, or other action, such action shall, in the manner and to
the extent directed by the President, be rendered or provided to, or
received or accepted from, an instrumentality established by Taiwan
which the President determines has the necessary authority under
the laws applied by the people on Taiwan to provide assurances and
take other actions on behalf of Taiwan in accordance with this Act.
(b) The President is requested to extend to the instrumentality
established by Taiwan the same number of offices and complement of
personnel as were previously operated in the United e Republic States by the
governing authorities on Taiwan recognized
prior to January 1, 1979.
privileges and
(c) Upon the granting by Taiwan of comparable pimmunities with repect to the Institute and its appropriate person-
nel, the President is authorized to extend with respect to the Taiwan
instrumentality and its appropriate personnel, such privileges and
immuniti be necessary for the effective appropriate of their functions. obligations) as may
REPARATION OF GOVERNMENT PERSONNEL FOR EMPLOYMENT WrrH THE
INSTrrUTE
22 USC 3310. SEC. 11. (aXl) Under such terms and conditions as the President
may direct, any agency of the United States Government may
separate from Government service for a specified period any officer
or employee of that agency who accepts employment with the
Institute.
(2) An officer or employee separated by an agency under paragraph
(1) of this subsection for employment with the Institute shall be
Approved For Release 2007/08/21: CIA-RDP83B00551 R000200010061-0
Approved For Release 2007/08/21: CIA-RDP83B00551 R000200010061-0
entitled upon termination of such employment to reemployment or
reinstatement with such agency (or a successor agency) in an appro-
priate position with the attendant rights, privileges, and benefits
with the officer or employee would have had or acquired had he or
she not been so separated, subject to such time period and other
conditions as the President may prescribe.
(3) An officer or employee entitled to reemployment or reinstate-
ment rights under paragraph (2) of this subsection shall, while
continuously employed by the Institute with no break in continuity of
service, continue to participate in any benefit program in which such
officer or employee was participating prior to employment by the
Institute, including programs for compensation for job-related death,
injury, or illness; programs for health and life insurance; programs for
annual, sick, and other statutory leave; and programs for retirement
under any system established by the laws of the United States; except
that employment with the Institute shall be the basis for participa-
tion in such programs only to the extent that employee deductions
and employer contributions, as required, in payment for such partici-
pation for the period of employment with the Institute, are currently
deposited in the program's or system's fund or depository. Death or
retirement of any such officer or employee during approved service
with the Institute and prior to reemployment or reinstatement shall
be considered a death in or retirement from Government service for
purposes of any employee or survivor benefits acquired by reason of
service with an agency of the United States Government.
(4) Any officer or employee of an agency of the United States
Government who entered into service with the Institute on approved
leave of absence without pay prior to the enactment of this Act shall
receive the benefits of this section for the period of such service.
(b) Any agency of the United States Government employing alien
personnel on Taiwan may transfer such personnel, with accrued
allowances, benefits, and rights, to the Institute without a break in
service for purposes of retirement and other benefits, including
continued participation in any system established by the laws of the
United States for the retirement of employees in which the alien was
participating prior to the transfer to the Institute, except that
employment with the Institute shall be creditable for retirement
purposes only to the extent that employee deductions and employer
contributions. as required, in payment for such participation for the
period of employment with the Institute, are currently deposited in
the system's fund or depository.
(c) Employees of the Institute shall not be employees of the United
States and, in representing the Institute, shall be exempt from
section 207 of title 18, United States Code.
(dXl) For purposes of sections 911 and 913 of the Internal Revenue
Code of 1954, amounts paid by the Institute to its employees shall not
be treated as earned income. Amounts received by employees of the
Institute shall not be included in gross income, and shall be exempt
from taxation, to the extent that they are equivalent to amounts
received by civilian officers and employees of the Government of the
United States as allowances and benefits which are exempt from
taxation under section 912 of such Code.
(2) Except to the extent required by subsection (aX3) of this section,
service performed in the employ of the Institute shall not constitute
employment for purposes of chapter 21 of such Code and title II of the
Social Security Act.
Reemployment or
reinstatement
rights.
Officer or
employee
previously
lo employed by
ZT1, benefits.
Alien personnel
employed by
U.S., transfer.
26 USC 911,
913.
26 USC 3101.
42 USC 401.
Approved For Release 2007/08/21 : CIA-RDP83B00551 R000200010061-0 =- =_
Approved For Release 2007/08/21 : CIA-RDP83B00551 R000200010061-0
PUBLIC LAW 96-8-APR. 10, 1979
REPORTING REQUIREMENT
Congress
Agreement. SEc. 12. (a) The Secretary of State shall transmit to the However,
transmittal to the text of any agreement to which the Institute is a party.
Congress or any such agreement the immediate public disclosure of which would,
congressional in the opinion of the President, be prejudicial to the national security
committees. of the United States shall not be so transmitted to the Congress but
22 USC 3311. shall be transmitted to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives under an appropriate injunction of secrecy to be
removed only upon due notice from the President. " includes-
(1) (b) For purposes of subsection (a), the term agreement(1) any agreement entered into between the Institute and the
governing authorities on Taiwan or the instrumentality estab-
lished by Taiwan; and
(2) any agreement entered into between the Institute and an
agency of the United States Government.
Agreements and (c) Agreements and transactions made or to be made by or through
transactions 'the Institute shall be subject to the same congressional notification,
made by the review, and approval requirements and procedures as the if such agency of agree-
Institute. Institute. meats and transactions were made by or through
United States Government on behalf of which the Institute is acting.
Report to (d) During the effective date of
the two-year period ~~ on
Speaker of the this Act, the Secretary of State shall transmit to the Speaker of the
House and Senate House of Representatives and the Committee on Foreign Relations
Foreign Relations the Senate, every six months, a report describing and Committee. economic relations between the United States and Taiwan, noting
any interference with normal commercial relations.
RULE AND REGULATIONS
22 USC 3312. SEc. 13. The president is authorized to prescribe such rules and
regulations as he may deem appropriate to carry out the purposes of
Transmittal to this Act. During the three-year period beginning on the effective date
Speaker of the of this Act, such rules and regulations shall be transmitted promptly
House and Senate to the Speaker of the House of Representatives and to the Committee
Foreign Relations on Foreign Relations of the Senate. Such action shall not, however.
Committee. relieve the Institute of the responsibilities placed upon it by this Act.
CONGRESSIONAL OVERSIGHT
22 USC 3313. SEc. 14. (a) The Committee on Foreign Affairs of the House of
Representatives, the Committee on Foreign Relations of the Senate,
and other appropriate committees of the Congress shall
(1) the implementation of the provisions of this Act;
(2) the operation and procedures of the Institute;. relation-
relation-
(3) the legal and technical aspects of the continuing
ship between the United States and Taiwan; and
(4) the implementation of the policies of the United States
concerning security and cooperation in East Asia.
their respective
Reports. (b) Such committees shall report, as appropriate,
Houses on the results of their monitoring.
DEFINITIONS
22 USC 3314. SEc. 15. For purposes of this Act-
Approved For Release 2007/08/21 : CIA-RDP83B00551 R000200010061-0 .~:_
Approved For Release 2007/08/21: CIA-RDP83B00551 R000200010061-0
PUBLIC LAW 96-8-APR. 10, 1979
93 STAT. 21
(1) the term "laws of the United States" includes any statute, "Laws of the
United States??
rule, regulation, ordinance, order, or judicial rule of decision of
the United States or any polital subdivision thereof and
(2) the term "Taiwan" includes, as the context may require, the "Taiwan."
? islands of Taiwan and the Pescadores, the people on those
iislands, corporations and other entities and associations created
or organized under the laws applied on those islands, and the governing authorities on Taiwan reco by the United States
1 1979, and any
as the Republic of China prior to anuary
successor governing authorities (including political subdivisions,
agencies, and instrumentalities thereof).
AUTHORIZATION OF APPROPRIATIONS USC 3315.
the
SaEc. 16. In addition to funds otherwise available to carry out the 22 there are authorized to be appropriated to may be
pprovisions of this Act,
Secretary of State for the fiscal year 1980 such funds
carry but such provisions. Such funds are authorized to
necessary
remain available until expended.
SEVERAB1Li OF PROVISIONS
any 22 USC 3316.
film 17. If any provision of this Act or the application thereof to
person r of f the Act and
person or circumstance is held invalid, the
the application of such provision to any
shrill not be affected thereby.
EFFECTIVE DATE
1 1979. 22 USC 3301
SEC. 18. This Act shall be effective as of January , note.
Approved April 10, 1979.
LEGISLATIVE HISTORY: and No. 96-71 (Comm. of
11OUSE REPORTS: No. 96-26 (Comm. on Foreign Affairs)
Conference).
Relations).
SENATE REPORT No. 96-7 (Comm. l. 125 (1979):
CONGRESSIONAL RECORD, Vo
Mar. B. 13, considered and passed House.
Mar. 7, 8, 12, 13, S. 245 considered and passed Senate. lieu.
Mar. 14, proceedings vitiated; 9ort. amended, passed in
Mar. 28, House agreed to conference report.
Mar. 29, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 15:
Apr. 10, Presidential statement.
~a .
Approved For Release 2007/08/21 : CIA-RDP83B00551 R000200010061-0