American "Taiwan Relations Act" full text

President Carter signed the "Taiwan Relations Act" of the declaration

1979 April 10th.

　　

I signed the house resolution two four seven nine today, with Taiwan

System method, make it become law. This legislation will help USA people and Taiwan

People in the absence of official government representatives and no diplomatic relationship in the case of,

Keep business, cultural and other relations.

The method comprises all the authorization I request, to help us with the Taiwan

People keep this unofficial relations. It authorized USA Association in Taiwan --

Registered in accordance with the law, Columbia a non-governmental entity ---

Dealing with these relationships. Similarly, the people of Taiwan will be through a non government organization

-- the Coordination Council for North American affairs -- relationship.

The method and our normalization with the people's Republic of China government relations

Understanding is the same. It reflects our admitted by the government is Chinese only

A legitimate government. According to the Shanghai Gazette spirit with China normalization of relations

Later, I expect the U.S. - China relations in the years ahead deepened and expanded,

To help our people's welfare and world peace.

Congress to act quickly, work hard, I would like to appreciate. I

Think, the foreign property belonging to the China had to make another

For good. My actions today does not interfere with the law of the property in the future

A verdict. However, on most issues, Congress and the executive branch

In this case work well.

The legislation Congress in some parts of the wise to give the president to consider

Room. In all cases, I will be with our happiness of the people of Taiwan

Consistent concern, with the people's Republic of China relations

When a normal cold solution -- January 1, 1979 on Construction

A joint communique of diplomatic relations expressed this cool solution consistent way

The discretion.

"Taiwan Relations Act"

(the USA Congress passed and President Carter in 1979

April 10th signed into law)

　　

This method is intended to help maintain peace, security and stability in the Western Pacific

And through the authorization to American people, with the people of Taiwan, the commerce between

And other relations, in order to promote the American foreign policy, as well as to the other

Objective.

The United States Senate and house of assembly for.

Abbreviation

Article first this law can be called the "Taiwan relations act".

Declaration of survey results and policy

Article second (a) because the president has ended American and it in 197

9 years before 1 January, admitted to the Taiwan authorities of the Republic of China government

Relations, Congress found it necessary to formulate the law ---

(a) to help maintain peace, security and stability in the western pacific,

And

(two) the authorization to America people between the business with the people of Taiwan

Business, cultural and other relations, in order to promote the USA foreign policy.

(b) America policy ---

(a) to promote and maintain America people with the people of Taiwan, as well as in

Between the people on the mainland and Western Pacific all other people widely,

Close and friendly business, cultural and other relations;

(two) announced that peace and stability in the region in accordance with USA political,

Security and economic interests, and concern for the international;

(three) showed that American decided with the people's Republic of China established diplomatic relationship

System is based on Taiwan's future will be decided through peaceful means such expectations;

(four) that the non peaceful means including boycotts or embargoes decided to table

Any effort to bay a future, is on the Western Pacific regional peace and security

Threats, and American serious concerns;

(five) providing defensive weapons to Taiwan; and

(six) the America keep against endangers the safety or agency of the people of Taiwan

Any resort to violence, economic system or other compulsory form

Ability.

(c) of any of the provisions of this Law shall not violate human rights. American

The heart, especially for about 18000000 of all Taiwan residents' human rights

The heart. We reaffirm, maintain and promote the human rights of the people of Taiwan is American

Target.

American executive policy on Taiwan

Article third (a) to promote the law the second regulation policy, beauty

China will provide Taiwan with which to maintain sufficient self-defense capability required number of plates

Royal supplies and defense services.

(b) the president and the Congress should be completely according to their need for Taiwan

And in accordance with legal procedures to determine the nature of this kind of defense goods and services

And the number of. The decision of the Taiwan defense needs to include America Army

Things to to the president and Congress estimates suggest.

(c) hereby instruct the president will for the people of Taiwan, the social security or

Any threat of economic system and the resulting in USA interests caused by

Any danger promptly notify congress. The president and the Congress should be in accordance with the constitution program will

Fixed USA cope with any of these dangerous appropriate action.

The application of the law and international agreements

Article fourth (a) diplomatic relations or admit does not exist should not affect

Applicable law for American Taiwan, USA law applicable to Taiwan and 19

79 years ago in January 1st the same.

(b) the (a) shall include but not limited to the following:

(a) whenever American laws mentioned or involving foreign and other ethnic groups,

The state, government or similar entities, shall include the word meaning in Taiwan

Also, such laws should be applied in Taiwan.

(two) whenever America legal authority according to law or American with foreign or

With other national, state, government or similar entity implementation plan, management

Trades or other transactions, also authorized the president or USA any government

Agencies according to the law sixth and in accordance with the relevant laws of the American with Taiwan

The same plan, for the same transaction and other transactions (including but

Not limited to the same Taiwan commercial entities to enter into a contract to provide services for America

).

(three) (a) or in Taiwan so far made USA according to law

Of or relating to Taiwan any rights or obligations (including but not limited to

Contract, debt or any interest in property rights or obligations), should not because of

There is no diplomatic relations with Taiwan and recognize was abolished, damage, repair

Instead, deny or by any other influence.

(b) according to the America law under all circumstances, including in the American

Proceedings courts, recognize the people's Republic of China. No should

Effect of Taiwan government in 1978 or before December 31st have

Or hold, or after acquiring or earn to various kinds of tangible and intangible

Property and other things of value of ownership or other rights or interests

.

(four) when applied America law depends on the past or present for

The law of Taiwan or the observance of the law, the implementation of the Taiwan people

Laws should be considered to be applicable in this case law.

(five) in any administrative or judicial proceedings, any content of this Law

The president admitted that, of the people's Republic of China on diplomatic action, the people of Taiwan

And American does not exist between the diplomatic relations, or not to be American fact and

All along, must not have any mechanism is interpreted as America government

The committee or department may, according to the 1954 atomic energy method and 19

78 years make the fact judgment or legal ruling prevented nuclear diffusion method, refuse to

Nuclear exports to Taiwan export license application or cancellation of the existing

Export license.

(six) on immigration and Naturalization law of Taiwan, according to the law twentieth

Article 2 (2) the provisions of paragraph of the first sentence processing way.

(seven) according to the law in Taiwan America, American court or charged

Sue qualifications should not because there is no diplomatic relations or recognition and was abolished, infringement

, modify, deny or by any other influence.

(eight) according to the America laws relating to maintain diplomatic relations or recognition

He Mingque or implied requirements are not applicable to Taiwan.

(c) under all circumstances, including the courts at all levels in the American

Litigation, Congress approved in 1979 January 1st American with it

Signed by the Taiwan authorities to recognize the Republic of China and in 1978

In December 31st all treaties and other international agreements valid (including

Multilateral Convention) still continue to be effective, unless and until the end in accordance with the law

Check.

(d) any content of this Law shall be interpreted as support for the Taiwan from any

Rejection or out any international financial institution or any other international organizations

Basis.

Overseas Private Investment Company

Article fifth (a) in the promulgation of this Law from the date of three years, 1

Foreign assistance act 231st 961 years not specified in paragraph second second

On the average income of $one thousand for the specified population limits, should not make the sea

Foreign private investment firm on investment projects in Taiwan to determine whether to

Provide insurance, reinsurance, loans or guarantees activity is restricted.

(b) in addition to the provisions of paragraph (a), the overseas private investment

Company for investment projects in Taiwan to provide insurance, reinsurance, loans or insurance

Certificate, shall be the same standard applied to other parts of the world.

USA Association in Taiwan

Article sixth (a) the president or America any government institutions with Taiwan

To plan, transaction and other transactions, should be in accordance with the instructions of President

Type and scope, or by (a) America Association in Taiwan (hereinafter referred to as

"Association") -- non-profit registered in accordance with the laws of the SAR Columbia

Group, or (two) non government president may specify similar inheritance

Entity, to handle and.

(b) whenever USA legal authorization or request in accordance with the law America, total

Any unit or USA government agreed to implement or maintain the,

The Taiwan agreement or transaction, such agreement or transaction, and agreed to perform

The implementation should follow the president instructed way and scope of an association or the Association

That's OK.

(c) where the Columbia zone or the association in the register or the

The state or state of any law, administrative partition rules, regulations or laws

Hinder or interfere with the association to other forms in accordance with the duties of this law, shall be

That the law prior to such laws, rules, regulations or laws.

Service Association to provide USA citizens in Taiwan

Article seventh (a) association may authorize any of its employees in Taiwan

-

(a) for or accept anyone oath, the oath or testimony

The certificate, and fulfill the requirements or authorize any notary in the territory of the America law

To perform any notarization procedures;

(two) temporary protection as America citizens dead private property

Pipe;

(three) engaged in other acts to assist and protect the interests of the American people,

As the president appointed American authorized by law in USA for consular purposes

While engaged in the act of.

(b) according to the authorized employees are engaged in the association in the U. S.

Country should be effective, and has the same effect, as in accordance with the America method

Law authorized any other people to engage in these behaviors do.

Tax exempt status association

Article eighth (a) association and its property and income in the present or now

After the United States are exempt from tax to (but this article eleventh (a) (three)

Required by paragraph according to related to federal insurance Appropriations Act of 1954 in China

The provisions of the tax law in twenty-first chapters, except from tax) to any

A state or local tax authorities tax.

(b) on the internal revenue code of 1954, the association should be regarded

The article 170th (b) (a) (sub), 170th (

C), 2055th (a), 2106th (a) (two

) (sub), 2522nd (a) and 2522nd (b)

The organization described in.

Assets and services to the society and the self association to obtain the service

Article ninth (a) hereby authorize any institution USA government, according to

As the president may offer to sell, or lease assets, loan association

(including interest), and for the work of the association to provide administrative and technical

Support and services. This subsection reimbursement to agency costs should be included in the mechanism

Within the currently available funding.

(b) hereby authorize any institution American government, in accordance with the president

The conditions, receive and accept the service of association. Whenever the president determines the

Institutions to obtain association services contribute to the realization of the purposes of this act, for the

Service, can not take into account the president stated in the executive order is usually applied to these

Those legal institutions to obtain services.

(c) all in accordance with this Law provides money for the association of America any government

Institutions should make arrangements with the association, the America Comptroller General to check Association

Accounts and records, and have the opportunity to conduct an audit of the association of business expenses.

Taiwan agency

Article tenth (a) the president or any government agency American by beauty

Legal authorization or request in accordance with the law to provide Taiwan with or accept Taiwan

What work communication, guarantee, promise or other operations, such action shall be

According to the president directed the way and the scope for an institution established in Taiwan,

Or accept from such a mechanism, this mechanism must be approved by the president decided by Taiwanese

People practiced law has the necessary power on behalf of Taiwan in accordance with the law

Card and take other actions.

(b) invited the president to Taiwan to set up institutions and 1979

Before January 1st was admitted to the Taiwan authorities in the Republic of China America

The same number of offices and staff had run mechanism.

(c) giving associations and their relevant staff similar privileges and in Taiwan

The exemption, hereby authorized the president to Taiwan agency and its staff for a given

The privileges and immunities to effectively perform their duties required (must be accompanied by appropriate conditions

And obligations).

Separation of government personnel employed by the Association

Article eleventh (a) (a) in accordance with the president instructed condition,

American any government institutions have to be officials or employees hired by the association in

The specific time separated from government office.

(two) according to paragraph (a) for employed by the association from the original mechanism

All officials and employees, have the right to return to original mechanism employed in the period end (or

The inheritance mechanism) as appropriate positions, and have not separated from the general

Should the rights, privileges and benefits, subject to the president may be prescribed time limit and

Other conditions.

(three) have the right to return to the original mechanism (two) a reinstatement of officials or

Employees, continuing employed by the association and the service without interruption, should continue to attend

The clerk for the Association participated in the hiring of former welfare plan. Including death,

The injured or sick pay pension, health and life insurance, annual leave, sick

Holiday and legal holiday, as well as any system USA law under the

Retirement benefits, but employed by the association as part of such a plan based on process

Degree, in employed by the Association for such participation during paid to employees

The fund or savings deduction employers are regularly deposited in the plan or system

The limited. The officer or employee hired by the association during the approval, in

To return to the original mechanism reinstated before death or retirement, to enjoy the America government

Any organization service should receive the retirement or pension benefits, should be regarded as

As a government official in the death or retirement from government service.

(four) in the formulation of the law, any permission to leave to leave and enter the co

Officers or employees American government agency work, should be in service period

The provisions of this article and welfare.

(b) to enjoy retirement and other benefits for the purpose, in Taiwan

Foreign staff of any USA government agencies will these foreign personnel together with

They accumulated allowance, welfare and hand over power to a society without interrupting the service

As far as possible, including let them continue to participate in the America law was established by the employee retirement

The welfare system, this system is the personnel in the transfer to the association before

To participate in the. But in society so that it can enjoy the retirement benefits, to

The association shall be employed in the period of such participation is paid employee payroll deductions and

Limited funds or savings on employers are deposited in the plan for the.

(c) the United States Association of employees are not employees, they represent

Associations, from USA regulation No. eighteenth 207th shall limit

.

(d) (a) is the internal revenue code of 1954 911st

And 913rd, the association to pay its employees payment shall not be

To earn the income approach. Amounts received by employees of the Institute shall not be included in the

The total income, and free of tax, if the money and American government

Civil servants and employees according to the law 912nd duty-free allowance and welfare income

Payments equal words.

(two) except in the (a) (three) the provisions of paragraph, the Association

The period of employment service shall not constitute the domestic tax law twenty-first Zhang Heshe

Insurance Law No. second and the employment.

Reporting requirements

Article twelfth (a) the Secretary shall in any association is a party

The text where the agreement to congress. But if the president thinks, immediately a

An agreement announced to the public will be detrimental to American national security, you should not put

This Agreement shall be submitted to Congress, and the Senate in the appropriate confidentiality requirements

Institute of Foreign Relations Committee and the House Committee on foreign affairs, security requirements

Can only be released in the presidential notification.

(b) in (a) the "agreement" includes paragraph:

(a) between the association and the Taiwan authorities or Taiwan the establishment of institutions

Any agreement concluded.

(two) any concluded between association and CO America any government agency

Set.

(c) agreement by the association itself or through it reached or will reach

And the transaction, subject to the same report to Congress, Congress examined and approved by the

Rules and procedures, as these agreements and the transaction is represented by the Association

USA government agencies. He reached or through it to reach the same.

(d) with effect from the date within two years, the Secretary of state to each of the 6

Months to submit a report to the speaker of the house and the Senate Foreign Relations Committee

Sue, narrative and review the economic relationship between the USA and Taiwan, and points out that the positive

Any intervention often business relationship.

Rules and regulations

Thirteenth the president is authorized to formulate appropriate rules and he thought

Regulations, to carry out the purposes of this act. In this Law comes into force within three year from the date of

These rules and regulations, should be promptly to the speaker of the house of Representatives and the Senate

The Committee on foreign relations. But such action does not relieve the law on Association

Responsibility.

Congressional oversight

Article fourteenth (a) of the House Foreign Affairs Committee and the Senate

The Committee on foreign relations and other relevant committee should supervise -- congress-

(a) the implementation of the provisions of this law;

(two) the work of the association program;

(three) maintain continue the relationship between the America and Taiwan law and technology

Hand; and

(four) the implementation of American about East Asian security and cooperation policy

.

(b) the committee shall report them as appropriate to their house

Monitoring results.

Definition

Article fifteenth for the purposes of this act ---

(a) "America law", including American or any of its administrative

Partitions of any regulations, rules, regulations, decrees, orders or judgment of the court

Summary.

(two) according to the demand of the context, the word "Taiwan" in Taiwan

Island and Peng Lake islands, the island residents, in accordance with the implementation of these islands

The law established or organization of the company, other entities and associations, and America

When the Taiwan government of the Republic of China in 1979 January 1 recently admitted

Bureau and any successor governing authorities (including administrative division, institutions and affiliated

The actuator).

Appropriation of the authorized

Sixteenth in addition to providing for the implementation of the provisions of this Law and other payments to

The outer, hereby authorize in fiscal 1980 to the Secretary of state for the implementation of the

The money must be law. This money in the exhausted before industry authorized with

Can extract.

In terms of separability

Seventeenth if any provision of this act or to any person or situation

The application will be considered invalid, this will not affect the rest of this Law

Apply to any other person or situation.

Effective date

Article eighteenth this Law shall come into force as of 1979 January 1st.

In 1979 April 10th approved

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