The following was passed by Congress in March, 1979, and signed into law on April 10, 1979 by former President Jimmy Carter.

United States Code

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 -
    • (b) Policy
      It is the policy of the United States -
    • (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.
  • Sec. 3302. Implementation of United States policy with regard to Taiwan

    • (a) Defense articles and services
      In furtherance of the policy set forth in section 3301 of this title, 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) Determination of Taiwan's defense needs
      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 recommendations to the President and the Congress.
    • (c) United States response to threats to Taiwan or dangers to United States interests
      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.
  • Sec. 3303. Application to Taiwan of laws and international agreements

    • (a) Application of United States laws generally
      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) Application of United States laws in specific and enumerated areas
      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 entities, 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 3305 of this title, such programs, 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 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 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 chapter, nor the facts of the President's action in extending diplomatic recognition to the People's Republic of China, the absence of diplomatic relations between the people on Taiwan and the United States, or the lack of recognition by the United States, and attendant circumstances thereto, shall be construed in any administrative or judicial proceeding as a basis for any United States Government agency, commission, or department to make a finding of fact or determination of law, under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3201 et seq.), to deny an export license application or to revoke an existing export license for nuclear exports to Taiwan.
      • (6) For purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), Taiwan may be treated in the manner specified in the first sentence of section 202(b) of that Act (8 U.S.C. 1152(b)).
      • (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 diplomatic relations or recognition shall be applicable with respect to Taiwan.
    • (c) Treaties and other international agreements
      For all purposes, including actions in any court in the United States, the Congress approves the continuation in force of all treaties and other international agreements, including multilateral conventions, entered into by the United States and the governing authorities 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) Membership in international financial institutions and other international organizations
      Nothing in this chapter 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.
  • Sec. 3306. Services to United States citizens on Taiwan

    • (a) Authorized services
      The Institute may authorize any of its employees on Taiwan -
      • (1) to administer to or take from any person an oath, affirmation, 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) To1 act as provisional conservator of the personal estates of deceased United States citizens; and
        1Note: So in original. Probably should not be capitalized.
      • (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 by authorized employees
      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.
  • Sec. 3307. Exemption from taxation

    • (a) United States, State, or local taxes
      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 3310(a)(3) of this title requires the imposition of taxes imposed under chapter 21 of title 26, relating to the Federal Insurance Contributions Act) or by any State or local taxing authority of the United States.
    • (b) Charitable contributions; transfers for public, charitable, and religious uses; charitable and similar gifts
      For purposes of title 26, the Institute shall be treated as an organization described in sections 170(b)(1)(A), 170(c),2055 (a), 2106(a)(2)(A), 2522(a), and 2522(b) of title 26.
  • Sec. 3308. Activities of United States Government agencies

    • (a) Sale, loans, or lease of property; administrative and technical support functions and services
      Any agency of the United States Government is authorized 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) Acquisition and acceptance of services
      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 chapter, 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) Institute books and records; access; audit
      Any agency of the United States Government making funds available to the Institute in accordance with this chapter 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.
  • Sec. 3310. Employment of United States Government agency personnel

    • (a)Separation from Government service; reemployment or reinstatement upon termination of Institute employment; benefits
      • (1) 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 entitled upon termination of such employment to reemployment or reinstatement with such agency (or a successor agency) in an appropriate position with the attendant rights, privileges, and benefits with1 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.
        Note: So in original. Probably should be ''which''.
      • (3) An officer or employee entitled to reemployment or reinstatement 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 participation in such programs 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 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 April 10, 1979, shall receive the benefits of this section for the period of such service.
    • (b)Employment of aliens on Taiwan
      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) Institute employees not deemed United States employees
      Employees of the Institute shall not be employees of the United States and, in representing the Institute, shall be exempt from section of title 18.
    • (d) Tax treatment of amounts paid Institute employees
      • (1) For purposes of sections and 913 of title 26, 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 title 26.
      • (2) Except to the extent required by subsection (a)(3) of this section, service performed in the employ of the Institute shall not constitute employment for purposes of chapter 21 of title 26 and title II of the Social Security Act (42 U.S.C. 401 et seq.).
  • Sec. 3311. Reporting Requirements

    • (a) Texts of agreements to be transmitted to Congress; secret agreements to be transmitted to Senate Foreign Relations Committee and House Foreign Affairs Committee
      The Secretary of State shall transmit to the Congress the text of any agreement to which the Institute is a party. However, any such agreement the immediate public disclosure of which would, in the opinion of the President, be prejudicial to the national security of the United States shall not be so transmitted to the Congress but 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.
    • (b) Agreements
      For purposes of subsection (a) of this section, the term ''agreement'' includes -
    • (c) Congressional notification, review, and approval requirements and procedures
      Agreements and transactions made or to be made by or through the Institute shall be subject to the same congressional notification, review, and approval requirements and procedures as if such agreements and transactions were made by or through the agency of the United States Government on behalf of which the Institute is acting.
  • Sec. 3312. Rules and regulations

    The President is authorized to prescribe such rules and regulations as he may deem appropriate to carry out the purposes of this chapter. During the three-year period beginning on January 1, 1979, 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 chapter.
  • Sec. 3313. Congressional oversight

    • (a) Monitoring activities of Senate Foreign Relations Committee, House Foreign Affairs Committee, and other Congressional committees
      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 -
    • (b) Committee reports to their respective Houses
      Such committees shall report, as appropriate, to their respective Houses on the results of their monitoring.
  • Sec. 3316. Severability

    If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to any other person or circumstance shall not be affected thereby.

Comments

By far, the most serious part of this legislation is the ''Institute'', which would replace the American Institute in Taiwan, designated by the President. This is an extremely dangerous possibility for the United States, as the Institute is much more favourable to Taiwan (and of course China). If this non-governmental agency succeeds the AIT, none of its employees will work for the US government. This is a huge contrast to the AIT, as it serves as the only diplomatic connection with Taiwan at this point.

Why should the President report to Congress on a threat to the economic and social systems of a country with which it has no diplomatic relations, except through a private corporation? This is especially ludicrous considering the second half of this document details a successor to AIT, which would dominate trade relations between the two countries.

Number of times the term 'President' is used in this document: 27.

Number of times the term 'Congress' is used: 14.

I assume this document is still public domain, and not protected by the copyright laws of the ''Institute'', at this point ;)

Sources:
http://www.taiwandocuments.org/tra01.htm
http://www.taipei.org/tra/int-0405.htm

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