PUBLIC LAW 96-8 - TAIWAN RELATIONS ACT
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Document Number (FOIA) /ESDN (CREST):
CIA-RDP84B00049R001303190022-6
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RIFPUB
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K
Document Page Count:
8
Document Creation Date:
December 19, 2016
Document Release Date:
April 5, 2006
Sequence Number:
22
Case Number:
Publication Date:
April 10, 1979
Content Type:
REGULATION
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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
(6) to maintain e capaci` y oUth -Uni de States 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
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PUBLIC LAW 96-8-APR. 10, 1979
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.
IMPLEMENTATION 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 AGREEMEN1g
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-
grams, 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.
(3)(A) 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 limiter. 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 if 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.
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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
42 USC 2011 department to make a fording of fact or determination of law,
42te. under the Atomic Energy Act of 1954 and the Nuclear Non-
no USC 3201 Proliferation Act of 1978, to deny an export license application or
2te. to revoke an existing export license for nuclear exports to
Taiwan.
(6) For purposes of the Immigration and Nationality Act,
Taiwan may be treated in the manner specified in the first
8 USC 1152. sentence of section 202(b) of that Act.
(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.
Tree ti
es and (c) For all purposes, including actions in any court in the United
r
international States, the Congress approves the continuation in force of all treaties
agreement, and other international agreements, including multilateral conven-
aoree
gressional
ments tions, entered into by the United States and the governing autho_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 INVESTMENT 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-
ment projects on Taiwan, the Overseas Private Insurance Corpora-
tion shall apply the same criteria as those applicable in other parts of
the world.
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PUBLIC LAW 96-8-APR. 10, 1979 93 STAT. 17
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(a)(3) 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(b)(1)(A),
170(c), 2055(a), 2106(aX2)(A), 2522(a), and 2522(b).
26 USC 170,
2055, 2106,
2522.
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93 SWAT. 18 PUBLIC LAW 96-8-APR. 10, 1979
FURNISHING PROPERTY AND SERVICES TO AND OBTAINING SERVICES
FROM THE INSTITUTE
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 may direct. Reimbursements to agencies
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
United States to have access to the books and records of the Institute
and the opportunity to audit the operations of the Institute.
TAIWAN INSTRUMENTALITY
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 States by the
governing authorities on Taiwan recognized as the Republic of China
prior to January 1, 1979.
(c) Upon the granting by Taiwan of comparable privileges and
immunities 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
immunities (subject to appropriate conditions and obligations) as may
be necessary for the effective performance of their functions.
SEPARATION OF GOVERNMENT PERSONNEL FOR EMPLOYMENT WITH THE
INSTITUTE
22 USC 3310. SEC. 11. (01) Under such terms and conditions as the President
may direct, an 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
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PUBLIC LAW 96-8-APR. 10, 1979 93 STAT. 19
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- Reemployment or
ment rights under paragraph (2) of this subsection shall, while reinstatement
continuously employed by the Institute with no break in continuity of rights.
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 Officer or
Government who entered into service with the Institute on approved employee
leave of absence without pay prior to the enactment of this Act shall Previously
receive the benefits of this section for the period of such service.Uemloyed by
(b) Any agency of the United States Government employing alien Alien .., per onn.
personnel on Taiwan may transfer such personnel, with accrued employed byne!
allowances, benefits, and rights, to the Institute without a break in U.S., transfer.
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.
(dX1) For purposes of sections 911 and 913 of the Internal Revenue
Code of 1954, amounts paid by the Institute to its employees shall not 26 USC 911,
be treated as earned income. Amounts received by employees of the 913.
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. 26 USC 912.
(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 26 USC 3101.
Social Security Act. 42 USC 401.
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93 STAT. 20 PUBLIC LAW 96-8-APR. 10, 1979
REPORTING REQUIREMENT
Agreement, SEC. 12. (a) The Secretary of State shall transmit to the Congress
transmittal to the text of any agreement to which the Institute is a party. However,
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.
2 of the United States shall not be so transmitted to the Congress but
22 USC 33 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.
"Agreement." (b) For purposes of subsection (a), the term "agreement" includes-
(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 if such agree-
Institute. ments and transactions were made by or through the agency of the
United States Government on behalf of which the Institute is acting.
Report to (d) During the two-year period beginning on the effective date of
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 of
Foreign Relations the Senate, every six months, a report describing and reviewing
Committee. economic relations between the United States and Taiwan, noting
any interference with normal commercial relations.
RULES AND REGULATIONS
Transmittal to
Speaker of the
House and Senate
Foreign Relations
Committee.
and
SEC. 13. The President is authorized to prescribe such rulof
regulations as he may deem appropriate to carry out the purposes o
this Act. During the three-year period beginning on the effective date
of this Act, such rules and regulations shall be transmitted promptly
to the Speaker of the House of Representatives and to the Committea
on Foreign Relations of the Senate. Such action shall not, however,
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 monitor
(1) the implementation of the provisions of this Act;
(2) the operation and procedures of the Institute;.
(3) the legal and technical aspects of the continuing relation-
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.
Reports. (b) Such committees shall report, as appropriate, to their respective
Houses on the results of their monitoring.
22 USC 3314. SEC. 15. For purposes of this Act-
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93 STAT. 21
PUBLIC LAW 96-8-APR. 10, 1979
(1) the term "laws of the United States" includes any statute, "Laws of the
rule, regulation, ordinance; order, or judicial rule of decision of United States."
the United States or any political 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
ted
islands, corporations and other entities associations ate and
or organized under the laws applied on those United State
governing authorities on Taiwan recognized by the 1, Uni d S any
subdivisions,
as the Republic of China prior to January successor governing authorities (including political 1979, and
agencies, and instrumentalities thereof).
AUTHORIZATION OF APPROPRIATIONS
SEC. 16. In addition to funds otherwise available to carry out the 22 USC 3315.
provisions of this Act, there are authorized to be appropriated to the
Secretary of State for the fiscal year 1980 such funds as may be
necessary to carry out such provisions. Such funds are authorized to
remain available until expended.
SEVERABM OF PROVISIONS
SEC. 17. If any provision of this Actor the application thereof to any 22 USC 3316.
person or circumstance is held invalid, the remainder of the Act and
the application of such provision to any other person or circumstance
shall not be affected thereby.
EFFECTIVE DATE
SEC. 18. This Act shall be effective as of January 1, 1979.
Approved April 10, 1979.
22 USC 3301
note.
LEGISLATIVE HISTORY:
------- -----
HOUSE REPORTS: No. 96-26 (Comm. on Foreign Affairs) and No. 96-71 (Comm. of
Conference).
SENATE REPORT No. 96-7 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD, Vol. 125 (1979):
Mar. 8, 13, considered and passed House.
Mar. 7, 8, 12, 13, S. 245 considered and passed Senate.
Mar. 14, proceedings vitiated; H.R. 2479, amended, passed in lieu.
Mar. 28, House agreed to conference report.
Mar. 29, Senate agreed to conference report. Vol. 15, No. 15:
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS,
Apr. 10, Presidential statement.
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