LIMITING ARMS SALES AND THE TAIWAN RELATIONS ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84B00049R000601730002-8
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 17
• Document Creation Date: December 20, 2016
• Document Release Date: November 14, 2007
• Sequence Number: 2
• Publication Date: January 7, 1982
• Content Type: MEMO

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-- Jlill\lil
THE DIRECTOR OF CENTRAL INTELLIGENCE
7 January 1982
MEMORANDUM FOR: Director of Central Intelligence
Deputy Director of Central Intelligence
THROUGH Chairman, National Intelligence Council
David D. Gries
National Intelligence Officer for East Asia
SUBJECT Limiting Arms Sales and the Taiwan Relations Act
Beijing's desire for a limitation or cessation of arms sales to
Taiwan will only conflict with provisions of the Taiwan Relations Act if
we fail to craft carefully the language used in reaching agreement with
Beijing. The Act says inter alia that:
-- "It is the policy of the United States . . . to provide Taiwan
with arms of a defensive character" (Sec.2.(b)(5))
-- ". the United States will make available to Taiwan such
defense articles and defense services in such quantities as may
be necessary to enable Taiwan to maintain a sufficient self-
defense capability" (Sec.3.(a))
-- "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 connection with recommendation to the President
and the Congress," (Sec.3.(b))
Arms sales are not further mentioned in the Act.
Deriv Cl By Signer
Revw on Jan 88
All Portions Secret
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( Jlill\,tl
The underscored passage above appears to permit the President and
Congress to adapt arms sales to their judgment of needs of Taiwan. The
inclusion of Congress as a participant in the decisionmaking process
complicates matters and at a minimum underlines the need for full
consultations. Some members of Congress do not expect a decision against
an FX sale. They can be expected to claim that they were not consulted.
Attached also are the other two basic documents effecting relations
with Beijing and Taipei. Neither mentions arms sales.
Comment: Regarding your question about how far we can go toward
limiting or ending arms sales, it would appear that language linking
limitation or cessation to a Presidential determination of the needs of
Taiwan would comply fully with the provisions of the Act.
David D. Cries
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PUBLIC LAW 96-8-APR. 10, 1979
TAIWAN RELATIONS ACT
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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
Wester-i 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 the capacity of the United 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 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.
IMPLEMENTATION OF UNTCED 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. The President and the Congress nature '
quantity of such defense articleseshall rvices determine based solely upotheir
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 an danger to the interests of the United States
a
in accordance with constitutional rising therefrom. The President and the Congress shall determine,
the United States in response to any processes, danger propriate action by
APPLICATION OF LAWS; INTERNATIONAL AGREEMENTS
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.
(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 limited 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.
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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 finding 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
note. 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 otherw..se
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.
Treaher des and (c) For all purposes, including actions in any court in the United
international States, the Congress approves the continuation in force of all treaties
agreemen, and other international agreements, including multilateral conven-
aorgresional tions, entered into by the United States and the ;overning authorities
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 enactment of this Act, the $1,000 per capita inomeorestriction'-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 22 USC 3305.
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 22 USC 3306.
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. S. (a) The Institute, its property, and its income are exempt 22 USC 3307.
from all taxation now or hereafter unposed 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 26 USC 401.
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 170(c)2055(a)2106(aX2)(), organization 52(a), described n22j sections 170(bXlXA),
26 USC 170.
2055. 2106.
2522.
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93 STAT. 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, he
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
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 _ppropriate person-
nel, the President is L.Ithorized 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
SEC. 11. (aXi) 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
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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. employed by
(b) Any agency of the United States Government em to U ien person.
ed Alien personnel
personnel on Taiwan may transfer such personnel
with a
,
cccrru
allowances, benefits, and rights, to the Institute without a break in S ~otr n fer.
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.
22 of the United States shall not be so transmitted to the Congress but
333 11.
22 USC 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.
Transmittal to
Speaker of the
House and Senate
Foreign Relations
Committee.
SEC. 13. The President is authorized to prescribe such rules and
regulations as he may deem appropriate to carry out the purposes of
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 Committee
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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PUBLIC LAW 96-8-APR. 10, 1979 93 STAT. 21
(1) the term "laws of the United States" includes any statute, U i s of the
rule, regulation, ordinance, order, or judicial rule of decision of
the United States or any political subdivision the the '"Taiwan:
req i y
(2) the term "Taiwan" includes, as the context mayl e
, the
islands of Taiwan and the Pescadores, the peOp, _
ands, rganized under thand oth entities and associaons e laws applied on th ids, and
the
or o
governing authorities on Taiwan recognized by the United States
as the Republic , of China prior to January 1, 1979, and any
successor governing authorities (including political subdivisions,
agencies, and instrumentalities thereof).
AUTHORIZATION OF APPROPRIATIONS
out the 22 USC 3315.
Sac. 16. In addition to funds otherwise available to carry
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.
SEVERRABILITY OF PROVISIONS
Sac. 17. If any provision of this Act or 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
Ssc.18.This Act shall be effective as of January 1, 1979. 22 USC 3301
note.
Approved April 10, 1979.
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.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 15:
Apr. 10, Presidential statement.
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JOINT COMMUNIQUE ON THE ESTABLISHMENT OF
DIPLOMATIC RELATIONS BETWEEN THE UNITED STATES OF AMERICA
AND THE PEOPLE'S REPUBLIC OF CHINA
JANUARY 1, 1979
The United States of America and the.People's
Republic of China have agreed to recognize each other
and to establish diplomatic relations as of January 1, 1979.
The United States of America recognizes the Govern-
ment of the People's Republic of China as the sole legal
Government of China. Within this context, the people
of the United States will maintain cultural, commercial,
and other unofficial relations with the people of Taiwan.
The United States of America and the People's
Republic of China reaffirm the principles agreed on by
the two sides in the Shanghai Communique and emphasize
once again that:
Both wish to reduce the danger of international
military conflict.
Neither should seek hegemony in the Asia-
Pacific region or in any other region of
the world and each is opposed to efforts
by any other country or group of countries
to establish such hegemony.
Neither is prepared to negotiate on behalf
of any third party or to enter into agree-
ments or understandings with the other
directed at other states.
The Government of the United States of
America acknowledges the Chinese position
that there is but one China and Taiwan
is part of China.
-- Both believe that normalization of Sino-
American relations is not only in the
interest of the Chinese and American
peoples but also contributes to the cause
of peace in Asia and the world.
The United-,States of America and the People's Republic
of China will exchange Ambassadors and establish Embassies
on March 1, 1979.
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o
tion of
the right oft he
the military forces to within their own tthrr and to their own et United States suppo is sides
fire line In Jammu and Kashmir;
peoples of South Asia to shape their own future in peace. free of military threat,
and without having the area become the subject of great power rivalry-
and is sistance.
The Chinese side stated: Wherever there is opp le et stan .
Countries want Independence, nations want liberation and the peop
tion-this has become the irresistible trend of history. All nations, big or small,
should be equal; big nations should not bully the small andst o g anti ns should
d
not bully the weak. China will never be a super'po firmly rta
on
and power politics of any kind- The C1e and nations for freedom and libersuppo
the struggles of all the oppressed prop
and that the I"iple of all countries have the right to choose their social systems
according to their own wishes and the right to safeguard the ind uo a ce.
sovereignty and territorial Integrity of their own countries and oppose ign
aggression. interference, control and subversion. All foreign troops should be
withdrawn to their own countries.
The Chinese side expressed its firm support to the peoples of Vietnam. Laos a to efforts fo
the attainment
aud the CumlitAia injnteproposal ofrthe ProvisionaloRef Gu ernmensup t of the
Re sbven-Ix
Ikey problems in lthetproposal, and to the Joint Declaration ofthis the SummiteCon-
ker'
terence of the Irsductiinese Peoples. It firmly supports the eight-point program for
the peaceful unification of Korea put forward by the Government of the Demo-
cratlc People's Republic of Korea on April 12 1971. and the stsind for the aboll-
(continued)
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 Approved For Release 2007/11/14: CIA-RDP84B00049R000601730002-8
17 -,
,.." DOCUMENTS AND BACKGROUND
I huh of the "U.N. Commission for the Unification and Rehabilitation of Korea.** It
firtuly opposes the revival and outward expansion of Japanese militarism and
firmly supports the Japanese people's desire to build an independent, deoeocrat.it,
la?aerfml:end neutral Japan. It firmly maintains that India and Pakistan should,
In accordance with the United Nations resolutions on the India-Pakistan gmes-
liaite. lwmedlately withdraw all their forces to their respective territories and to
their own sides of the ceasefire line in Jammu and Kashmir and firmly supleorls
flat- Pakistan Government and people in their struggle to preserve their indelwud-
eure and sovereignty and the people of Jammu and Kashmir in their struggle tl.-r
the- right of self-determination.
There are essential differences between China and the United States in tb eir
e?aie?iat syste4as and foreign policies. However, thetwo sides agreed that c>euetric?s.
regurdhss of their social systems, should conduct their relations on the priucipir-
aif rey-et't for the sovereignty and territorial integrity of all states, non-aggres-
sinn :against other states, non-interference in the internal affairs of other states,
ti?mality and mutual benefit, and peaceful coexistence. International disputes
ale. old be settled on this basis, without resorting to the use or threat of force. The
l'nitwl States and the Peo :le's Republic of China are prepared to apply
priw?ipfe?s to their mutual relations.
With these principles of international relations In mind the two sides stated
that:
Progress; toward the normalization of relations between China and the United
State.-4 Is In the interests of all countries;
Iioath wish to reduce the danger of international military conflict;
Neither should %eek hegemony in the Asia-Pacific region and each is opposed to
efforts by luny other eanustry.sr group of countries to establish such hegemony ;:Ind
Neither is prepared to negotiate on behalf of any third party or to enter into
agreements or understandings with the other directed at other states. le`
With sides are of the view that it would he against the interests of the peola
of the world for any major country to collude with another against other countries.
or roar major gauntries to divide up the world into spheres of iutere-st.
Thus two sides reviewed the long-standing serious disputes between Chir.'t and
tht?i'nited States. The Chinese side reaffirmed its position: The Taiwan question
is Ilse crucial question obstructing the normalization of relations between Chinn
and the 1'nlted States; the Government of the People's Republic of China is the
ode legal government of China` Taiwan is a province of China which has 'long
been rc turnerl? to the motherland ; the liberation of Taiwan is China's internal
affair in-which no other country has the right to interfere; and all U.S. forces and
military installations insist be withdrawn from Taiwan. The Chinese Government
firmly ? sups ores any activities which aim at the creation of ? "one China, one
Taiwan." "one Chinn . two governments." "two Chinas," and "independent
Taiwan' or advraate that "the status of Taiwan remains to be determined."
:Tin' U.S.-side dcelaretl : The United States acknowledges that all Chinese on
Miser side of the Taiwan Strait maintain there is but one China and that
Taiwan is a part of China. The United States Government (Ines not challenge that
lee-esifims. It reaffirms Its interest in it peaceful settlement of the Taiwan question
by the ('ldnese themselves. With this.prospect In mind. it affirms the ultimate
objer;tiv@. of the withdrawal of all U.S. forces and military installations from
Taiwan. In the meantime. It will progressively reduce its forces and military
Installations on Taiwan as the tension In the area diminishes.
The two Fides agreed that it is desirable to broaden the understanding between
the two peoples. To this end. they discussed specific areas In such fields as science,
technology, culture, sports and Journalism, in which people-to-people contacts
and exchanges would he mutually beneficial. Each side undertakes to facilitate
the further development of such contacts and exchanges.
Roth sides view bilateral trade as another area from which mutual benefit can
be derived, and agreed that economic relations based on equality and mutual
i-e?neflt are In the Interest of the peoples of the two countries. They agree to
facilitate the progressive development of trade hettvee?te their Iwo r,,ontrles.
The two sides agreed that they will stay in contact through various channels,
Including the ending of a senior U.S. representative to I'ekimg frown time to time
for emsrrcte cnnsnttations to further the nnrnealizaliom of relations between the
two countries and cooliuuo to exchange views on issues of eonumorn interest.
The two sides expressed the hope that the gains achieved during this -visit
would open tile new prnspecls for the relations between the two countries. They
believe that the norm:eliz:elion of relations between the two countries is not only
In the interest of the ('leinese and American peoples but also contributes to the
relaxation of tension he Asia and the world' e~rty exiarncced their alapn rin-
I'tesldent Niinn.'Sirs. Nison anal the Aneerlean 1
tlnn for tine gracious lnnspitulity shown them by the Government and people of the
People's Republic of Chinn.
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 Approved For Release 2007/11/14: CIA-RDP84B00049R000601730002-8
MEMORANDUM FOR:
Wt4-4
f,,, NS P% PK .
COVtJ
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vV-A~ 4 t /Z
Date I ZIa f Z
a -PREVIOUS
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