SECRETARY HAIG S REQUEST FOR YOUR SUPPORT ON THE FX FIGHTER ISSUE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84B00049R000601730016-3
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 9
• Document Creation Date: December 20, 2016
• Document Release Date: June 5, 2007
• Sequence Number: 16
• Publication Date: January 4, 1982
• Content Type: MEMO

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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 of America in Congress assembled,
Act
22 USC 3301 SECTION 1. This Act may be cited as the "Taiwan Relations Act".
note.
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, includin 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
maintaaiinhecapaci -oi'-th-e Unt't 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
Tab E
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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
Sac. 3. (a) In f'hrtherance 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 determinati on 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
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 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 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.
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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,
under the Atomic Energy Act of 1954 and the Nuclear Non-
note. Proliferation Act of 1978, to den an export 22 USC 3201 to revoke an existing ~ y license application or
note. Taiwan export license for nuclear exports to
(6) For p 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.
Tre ties and (c) For all purposes, including actions in any court in the United
international t States, the Congress approves the continuation in force of all treaties
agreements, and other international agreements, including multilateral conven-
congressional lions, entered into by the United States and the governing 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
Scc. 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-
misnt 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
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 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
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.
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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, 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 the books a of the records Institute. tee Institute
and the opportunity to audit the operations
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
e
personnel as were previously operated in the United e Republic States sfby the
governing authorities on Taiwan recognized
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
instrumentali ty 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. (aXi) 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. under paragra h
(2) An officer or employee separated by an agency
(1) of this subsection for employment with the Institute shall
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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.
(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
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
Officer or
employee
previously
employed by
U.S., benefits.
Alien personnel
employed by
U.S., transfer.
26 USC 911,
913.
26 USC 3101.
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
. text went to which the Institute is a party. However,
greement agree the immediate public disclosure of which would,
Conggress onress or ~o the any such a any of
C
congressional in the opinion of the President, be prejudicial to the national security
t tted to the Congress but
smi
committees. of the United States shall not be so ran
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"
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-
ments and transactions were made by or through the agency of the
Institute.
United States Government on behalf of which the Institute is daactin te of
Report to (d) During the two-year period beginning tt the Speaker of the
Speaker of the this Act, the Secretary of State shall transmit Reler of t e
House and Senate House of Representatives and the Committee on Foreign
reviewing
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.
RU,gg 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
tlv
Speaker of the of this Act, such rules and regulations shall be transmitted PremP
House and Senate to the Speaker of the House of Representatives and to the Committed
Foreign Relations on Foreign Relations of the Senate. Such action shall not, howwev~er,,
Committee. relieve the Institute of the responsibilities placed upon by this .
CONGRESSIONAL OVERSIGHT
22 USC 3313. SEc. 14. (a) The Committee on Foreign Affairs of the House of
Representatives, the Committee on Foreign Relations ofll the Senate,
and other appropriate committees of the Congress sha 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.
DEFINITIONS
22 USC 3314. SE-15. For purposes of this Act- .
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u
rol V
try of state for the hsca1 Year 1 s
necessary to carry Out such provisions? Such funds are authorized to
remain available until expended.
SEVEN OF PROVISIONS 22 USC 3316.
lication thereof to any
SEC. 17. If any provision of this Act or the aPP
person or circumstance is held invalid, the one or fcircum t and
the application of such provision to any
shall not be affected thereby.
EF'FECITVE DATE
1 1979. 22 USC 3301
SEC. 18. This Act shall be effective as of January , note.
Approved April 10, 1979.
,
v
u
as the =P ? authorities (including pohtu;al su
successor governing
and entalities thereof).
agencies, rostrum
AjOR=ZATION OF APPROPRIATIONS
out the 22 USC 3315.
SEC. 16. In addition to funds otherwise available to carry
.. ns of this Act, there are authorized to beappre riated to the
ch funds as may be
80
. 10, 1979 93 STAT. 21
PUBLIC LAW 96-8-APR
"laws of the United States" includes any statute, U States."
ion of
(1) the term rule, regulation, ordinance, order, or judicial rule of decis
)f-, and
the United States or any political subdivision the the wcai