
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC3301]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                      CHAPTER 48--TAIWAN RELATIONS
 
Sec. 3301. Congressional findings and declaration of policy


(a) Findings

    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 chapter 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) Policy

    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 determined 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) Human rights

    Nothing contained in this chapter shall contravene the interest of 
the United States in human rights, especially with respect to the 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.

(Pub. L. 96-8, Sec. 2, Apr. 10, 1979, 93 Stat. 14.)


                             Effective Date

    Section 18 of Pub. L. 96-8 provided that: ``This Act [enacting this 
chapter] shall be effective as of January 1, 1979.''


                               Short Title

    Section 1 of Pub. L. 96-8 provided that: ``This Act [enacting this 
chapter] may be cited as the `Taiwan Relations Act'.''

                        Executive Order No. 12143

    Ex. Ord. No. 12143, June 22, 1979, 44 F.R. 37191, which provided for 
facilitation of the maintenance of commercial, cultural, and other 
relations between the peoples of the United States and Taiwan, was 
superseded by Ex. Ord. No. 13014, Aug. 15, 1996, 61 F.R. 42963, set out 
below.

Ex. Ord. No. 13014. Maintaining Unofficial Relations With the People on 
                                 Taiwan

    Ex. Ord. No. 13014, Aug. 15, 1996, 61 F.R. 42963, provided:
    In light of the recognition of the People's Republic of China by the 
United States of America as the sole legal government of China, and by 
the authority vested in me as President of the United States of America 
by the Taiwan Relations Act (Public Law 96-8, 22 U.S.C. 3301 et seq.) 
(``Act''), and section 301 of title 3, United States Code, in order to 
facilitate the maintenance of commercial, cultural, and other relations 
between the people of the United States and the people on Taiwan without 
official representation or diplomatic relations, it is hereby ordered as 
follows:
    Section 1. Delegation and Reservation of Functions.
    1-101. Exclusive of the functions otherwise delegated, or reserved 
to the President by this order, there are delegated to the Secretary of 
State (``Secretary'') all functions conferred upon the President by the 
Act, including the authority under section 7(a) of the Act [22 U.S.C. 
3306(a)] to specify which laws of the United States relative to the 
provision of consular services may be administered by employees of the 
American Institute on Taiwan (``Institute''). In carrying out these 
functions, the Secretary may redelegate his authority, and shall consult 
with other departments and agencies as he deems appropriate.
    1-102. There are delegated to the Director of the Office of 
Personnel Management the functions conferred upon the President by 
paragraphs (1) and (2) of section 11(a) of the Act [22 U.S.C. 3310(a)]. 
These functions shall be exercised in consultation with the Secretary.
    1-103. There are reserved to the President the functions conferred 
upon the President by section 3 [22 U.S.C. 3302], the second sentence of 
section 9(b) [22 U.S.C. 3308(b)], and the determinations specified in 
section 10(a) of the Act [22 U.S.C. 3309(a)].
    Sec. 2. Specification of Laws and Determinations.
    2-201. Pursuant to section 9(b) of the Act [22 U.S.C. 3308(b)], and 
in furtherance of the purposes of the Act, the procurement of services 
may be effected by the Institute without regard to the following 
provisions of law and limitations of authority as they may be amended 
from time to time:
    (a) Sections 1301(d) and 1341 of title 31, United States Code, and 
section 3732 of the Revised Statutes (41 U.S.C. 11) to the extent 
necessary to permit the indemnification of contractors against unusually 
hazardous risks, as defined in Institute contracts, consistent, to the 
extent practicable, with section 52.228-7 of the Federal Acquisition 
Regulations;
    (b) Section 3324 of title 31, United States Code;
    (c) Sections 3709, 3710, and 3735 of the Revised Statutes, as 
amended (41 U.S.C. 5, 8, and 13);
    (d) Section 2 of title III of the Act of March 3, 1933 (41 U.S.C. 
10a);
    (e) Title III of the Federal Property and Administrative Services 
Act of 1949, as amended (41 U.S.C. 251-260);
    (f) The Contract Disputes Act of 1978, as amended (41 U.S.C. 601-
613);
    (g) Chapter 137 of title 10, United States Code (10 U.S.C. 2301-
2316);
    (h) The Act of May 11, 1954 (the ``Anti-Wunderlich Act'') (41 U.S.C. 
321, 322); and
    (i) Section (f) of 41 U.S.C. 423.
    2-202. (a) With respect to cost-type contracts with the Institute 
under which no fee is charged or paid, amendments and modifications of 
such contracts may be made with or without consideration and may be 
utilized to accomplish the same things as any original contract could 
have accomplished, irrespective of the time or circumstances of the 
making, or the form of the contract amended or modified, or of the 
amending or modifying contract and irrespective of rights that may have 
accrued under the contractor [contract] the amendments or modifications 
thereof.
    (b) With respect to contracts heretofore or hereafter made under the 
Act, other than those described in subsection (a) of this section, 
amendments and modifications of such contracts may be made with or 
without consideration and may be utilized to accomplish the same things 
as any original contract could have accomplished, irrespective of the 
time or circumstances of the making, or the form of the contract amended 
or modified, or of the amending or modifying contract, and irrespective 
of rights that may have accrued under the contract or the amendments or 
modifications thereof, if the Secretary determines in each case that 
such action is necessary to protect the foreign policy interests of the 
United States.
    2-203. Pursuant to section 10(a) of the Act [22 U.S.C. 3309(a)], the 
Taipei Economic and Cultural Representative Office in the United States 
(``TECRO''), formerly the Coordination Council for North America Affairs 
(``CCNAA''), is determined to be the instrumentality established by the 
people on Taiwan having 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 the Act. Nothing contained in this 
determination or order shall affect, or be construed to affect, the 
continued validity of agreements, contracts, or other undertakings, of 
whatever kind or nature, entered into previously by CCNAA.
    Sec. 3. President's Memorandum of December 30, 1978.
    3-301. Agreements and arrangements referred to in paragraph (B) of 
President Carter's memorandum of December 30, 1978, entitled ``Relations 
With the People on Taiwan'' (44 FR 1075) shall, unless otherwise 
terminated or modified in accordance with law, continue in force and be 
performed in accordance with the Act and this order.
    Sec. 4. General. This order supersedes Executive Order No. 12143 of 
June 22, 1979.
                                                     William J. Clinton.

                  Section Referred to in Other Sections

    This section is referred to in section 3302 of this title.
