-CITE-

22 USC CHAPTER 48 - TAIWAN RELATIONS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 48 - TAIWAN RELATIONS

-HEAD-

CHAPTER 48 - TAIWAN RELATIONS

-MISC1-

Sec.

3301. Congressional findings and declaration of policy.

(a) Findings.

(b) Policy.

(c) Human rights.

3302. Implementation of United States policy with regard to

Taiwan.

(a) Defense articles and services.

(b) Determination of Taiwan's defense needs.

(c) United States response to threats to Taiwan or

dangers to United States interests.

3303. Application to Taiwan of laws and international

agreements.

(a) Application of United States laws generally.

(b) Application of United States laws in specific

and enumerated areas.

(c) Treaties and other international agreements.

(d) Membership in international financial

institutions and other international

organizations.

3304. Overseas Private Investment Corporation.

(a) Removal of per capita income restriction on

Corporation activities with respect to

investment projects on Taiwan.

(b) Application by Corporation of other criteria.

3305. The American Institute in Taiwan.

(a) Conduct of programs, transactions, or other

relations with respect to Taiwan.

(b) Agreements or transactions relative to Taiwan

entered into, performed, and enforced.

(c) Preemption of laws, rules, regulations, or

ordinances of District of Columbia, States, or

political subdivisions of States.

3306. Services to United States citizens on Taiwan.

(a) Authorized services.

(b) Acts by authorized employees.

3307. Exemption from taxation.

(a) United States, State, or local taxes.

(b) Charitable contributions; transfers for public,

charitable, and religious uses; charitable and

similar gifts.

3308. Activities of United States Government agencies.

(a) Sale, loans, or lease of property;

administrative and technical support functions

and services.

(b) Acquisition and acceptance of services.

(c) Institute books and records; access; audit.

3309. Taiwan instrumentality.

(a) Establishment of instrumentality; Presidential

determination of necessary authority.

(b) Offices and personnel.

(c) Privileges and immunities.

3310. Employment of United States Government agency

personnel.

(a) Separation from Government service;

reemployment or reinstatement upon termination

of Institute employment; benefits.

(b) Employment of aliens on Taiwan.

(c) Institute employees not deemed United States

employees.

(d) Tax treatment of amounts paid Institute

employees.

3310a. Commercial personnel at American Institute of Taiwan.

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.

(b) Agreements.

(c) Congressional notification, review, and

approval requirements and procedures.

3312. Rules and regulations.

3313. Congressional oversight.

(a) Monitoring activities of Senate Foreign

Relations Committee, House Foreign Affairs

Committee, and other Congressional committees.

(b) Committee reports to their respective Houses.

3314. Definitions.

3315. Authorization of appropriations.

3316. Severability.

-End-

-CITE-

22 USC Sec. 3301 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 48 - TAIWAN RELATIONS

-HEAD-

Sec. 3301. Congressional findings and declaration of policy

-STATUTE-

(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.

-SOURCE-

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

-MISC1-

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'."

-EXEC-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

22 USC Sec. 3302 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 48 - TAIWAN RELATIONS

-HEAD-

Sec. 3302. Implementation of United States policy with regard to

Taiwan

-STATUTE-

(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.

-SOURCE-

(Pub. L. 96-8, Sec. 3, Apr. 10, 1979, 93 Stat. 15.)

-MISC1-

CONSULTATION WITH CONGRESS WITH REGARD TO TAIWAN

Pub. L. 107-228, div. B, title XII, Sec. 1263, Sept. 30, 2002,

116 Stat. 1434, provided that: "Beginning 180 days after the date

of enactment of this Act [Sept. 30, 2002], and every 180 days

thereafter, the President shall provide detailed briefings to and

consult with the appropriate congressional committees regarding the

United States security assistance to Taiwan, including the

provision of defense articles and defense services."

[For definitions of "appropriate congressional committees",

"defense article", and "defense service" as used in section 1263 of

Pub. L. 107-228, set out above, see section 3 of Pub. L. 107-228,

set out as a note under section 2651 of this title and section 1002

of Pub. L. 107-228, set out as a note under section 2151 of this

title.]

TRANSFER OF WAR RESERVE MATERIEL AND OTHER PROPERTY TO TAIWAN

Pub. L. 96-92, Sec. 23, Oct. 29, 1979, 93 Stat. 710, authorized

President, during calendar year 1980, to transfer to Taiwan, under

such terms and conditions as he may deem appropriate, United States

war reserve materiel that was located on Taiwan on Jan. 1, 1979,

and during calendar years 1979 and 1980, to transfer to Taiwan,

under such terms and conditions as he may deem appropriate, rights

of the United States in property (other than war reserve materiel)

that was located on Taiwan on Jan. 1, 1979.

-End-

-CITE-

22 USC Sec. 3303 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 48 - TAIWAN RELATIONS

-HEAD-

Sec. 3303. Application to Taiwan of laws and international

agreements

-STATUTE-

(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.

-SOURCE-

(Pub. L. 96-8, Sec. 4, Apr. 10, 1979, 93 Stat. 15.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, referred to in subsec. (b)(5), is

act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,

Sec. 1, 68 Stat. 921, and amended, which is classified generally to

chapter 23 (Sec. 2011 et seq.) of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title note set out under section 2011 of Title 42 and Tables.

The Nuclear Non-Proliferation Act of 1978, referred to in subsec.

(b)(5), is Pub. L. 95-242, Mar. 10, 1978, 92 Stat. 120, which is

classified principally to chapter 47 (Sec. 3201 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 3201 of this title and

Tables.

The Immigration and Nationality Act, referred to in subsec.

(b)(6), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,

which is classified principally to chapter 12 (Sec. 1101 et seq.)

of Title 8, Aliens and Nationality. For complete classification of

this Act to the Code, see Short Title note set out under section

1101 of Title 8 and Tables.

-MISC1-

SEMIANNUAL REPORTS ON UNITED STATES SUPPORT FOR MEMBERSHIP OR

PARTICIPATION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VII, Sec.

704], Nov. 29, 1999, 113 Stat. 1536, 1501A-460, provided that:

"(a) Reports Required. - Not later than 60 days after the date of

enactment of this Act [Nov. 29, 1999], and every 6 months

thereafter for fiscal years 2000 and 2001, the Secretary of State

shall submit to Congress a report in a classified and unclassified

manner on the status of efforts by the United States Government to

support -

"(1) the membership of Taiwan in international organizations

that do not require statehood as a prerequisite to such

membership; and

"(2) the appropriate level of participation by Taiwan in

international organizations that may require statehood as a

prerequisite to full membership.

"(b) Report Elements. - Each report under subsection (a) shall -

"(1) set forth a comprehensive list of the international

organizations in which the United States Government supports the

membership or participation of Taiwan;

"(2) describe in detail the efforts of the United States

Government to achieve the membership or participation of Taiwan

in each organization listed; and

"(3) identify the obstacles to the membership or participation

of Taiwan in each organization listed, including a list of any

governments that do not support the membership or participation

of Taiwan in each such organization."

-End-

-CITE-

22 USC Sec. 3304 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 48 - TAIWAN RELATIONS

-HEAD-

Sec. 3304. Overseas Private Investment Corporation

-STATUTE-

(a) Removal of per capita income restriction on Corporation

activities with respect to investment projects on Taiwan

During the three-year period beginning on April 10, 1979, the

$1,000 per capita income restriction in clause (2) of the second

undesignated paragraph of section 2191 of this title 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) Application by Corporation of other criteria

Except as provided in subsection (a) of this section, in issuing

insurance, reinsurance, loans, or guaranties with respect to

investment projects on Taiwan, the Overseas Private Insurance (!1)

Corporation shall apply the same criteria as those applicable in

other parts of the world.

-SOURCE-

(Pub. L. 96-8, Sec. 5, Apr. 10, 1979, 93 Stat. 16.)

-FOOTNOTE-

(!1) So in original. Probably should be "Investment".

-End-

-CITE-

22 USC Sec. 3305 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 48 - TAIWAN RELATIONS

-HEAD-

Sec. 3305. The American Institute in Taiwan

-STATUTE-

(a) Conduct of programs, transactions, or other relations with

respect to Taiwan

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 nongovernmental entity as the

President may designate,

(hereafter in this chapter referred to as the "Institute").

(b) Agreements or transactions relative to Taiwan entered into,

performed, and enforced

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) Preemption of laws, rules, regulations, or ordinances of

District of Columbia, States, or political subdivisions of States

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 chapter, such law,

rule, regulation, or ordinance shall be deemed to be preempted by

this chapter.

-SOURCE-

(Pub. L. 96-8, Sec. 6, Apr. 10, 1979, 93 Stat. 17.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

22 USC Sec. 3306 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 48 - TAIWAN RELATIONS

-HEAD-

Sec. 3306. Services to United States citizens on Taiwan

-STATUTE-

(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) To (!1) 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 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.

-SOURCE-

(Pub. L. 96-8, Sec. 7, Apr. 10, 1979, 93 Stat. 17.)

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-

-CITE-

22 USC Sec. 3307 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 48 - TAIWAN RELATIONS

-HEAD-

Sec. 3307. Exemption from taxation

-STATUTE-

(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.

-SOURCE-

(Pub. L. 96-8, Sec. 8, Apr. 10, 1979, 93 Stat. 17; Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Insurance Contributions Act, referred to in subsec.

(a), is act Aug. 16, 1954, ch. 736, Secs. 3101, 3102, 3111, 3112,

3121 to 3128, 68A Stat. 415, as amended, which is classified

generally to chapter 21 (Sec. 3101 et seq.) of Title 26, Internal

Revenue Code. For complete classification of this Act to the Code,

see section 3128 of Title 26 and Tables.

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-514 substituted in subsecs. (a) and (b)

"Internal Revenue Code of 1986" for "Internal Revenue Code of

1954", which for purposes of codification was translated as "title

26" thus requiring no change in text.

-End-

-CITE-

22 USC Sec. 3308 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 48 - TAIWAN RELATIONS

-HEAD-

Sec. 3308. Activities of United States Government agencies

-STATUTE-

(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.

-SOURCE-

(Pub. L. 96-8, Sec. 9, Apr. 10, 1979, 93 Stat. 18.)

-End-

-CITE-

22 USC Sec. 3309 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 48 - TAIWAN RELATIONS

-HEAD-

Sec. 3309. Taiwan instrumentality

-STATUTE-

(a) Establishment of instrumentality; Presidential determination of

necessary authority

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 chapter.

(b) Offices and personnel

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) Privileges and immunities

Upon the granting by Taiwan of comparable privileges and

immunities with respect to the Institute and its appropriate

personnel, the President is authorized 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.

-SOURCE-

(Pub. L. 96-8, Sec. 10, Apr. 10, 1979, 93 Stat. 18.)

-End-

-CITE-

22 USC Sec. 3310 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 48 - TAIWAN RELATIONS

-HEAD-

Sec. 3310. Employment of United States Government agency personnel

-STATUTE-

(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 with (!1) 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

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 207 of title 18.

(d) Tax treatment of amounts paid Institute employees

(1) For purposes of sections 911 and 913 (!2) 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.].

-SOURCE-

(Pub. L. 96-8, Sec. 11, Apr. 10, 1979, 93 Stat. 18; Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-

REFERENCES IN TEXT

Section 913 of title 26, referred to in subsec. (d)(1), was

repealed by Pub. L. 97-34, title I, Sec. 112(a), Aug. 13, 1981, 95

Stat. 194.

Chapter 21 (Sec. 3101 et seq.) of title 26, referred to in

subsec. (d)(2), is known as the Federal Insurance Contributions

Act.

The Social Security Act, referred to in subsec. (d)(2), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the

Social Security Act is classified generally to subchapter II (Sec.

401 et seq.) of chapter 7 of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

section 1305 of Title 42 and Tables.

-MISC1-

AMENDMENTS

1986 - Subsec. (d)(1). Pub. L. 99-514 substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954", which

for purposes of codification was translated as "title 26" thus

requiring no change in text.

-EXEC-

EX. ORD. NO. 13054. ELIGIBILITY OF CERTAIN OVERSEAS EMPLOYEES FOR

NONCOMPETITIVE APPOINTMENTS

Ex. Ord. No. 13054, July 7, 1997, 62 F.R. 36965, as amended by

Ex. Ord. No. 13062, Sec. 6, Sept. 29, 1997, 62 F.R. 51756,

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including sections

3301 and 3302 of title 5 and section 301 of title 3 of the United

States Code, and in order to permit certain overseas employees to

acquire competitive status upon returning to the United States, it

is hereby ordered as follows:

Section 1. A United States citizen who is a family member of a

Federal civilian employee who has separated from Federal service to

accept employment with the American Institute in Taiwan pursuant to

section 11 of Public Law 96-8 (22 U.S.C. 3310(a)) may be appointed

noncompetitively in a manner similar to noncompetitive appointments

under Executive Order 12721 [5 U.S.C. 3301 note] and implementing

regulations of the Office of Personnel Management to a competitive

service position in the executive branch, provided such family

member meets the qualifications and other requirements established

by the Director of the Office of Personnel Management, including an

appropriate period of satisfactory overseas employment with the

American Institute in Taiwan.

Sec. 2. The Director of the Office of Personnel Management shall

prescribe such regulations as may be necessary to implement this

order.

Sec. 3. This order shall be effective upon publication in the

Federal Register.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3307 of this title; title

26 section 3121; title 42 section 410.

-FOOTNOTE-

(!1) So in original. Probably should be "which".

(!2) See References in Text note below.

-End-

-CITE-

22 USC Sec. 3310a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 48 - TAIWAN RELATIONS

-HEAD-

Sec. 3310a. Commercial personnel at American Institute of Taiwan

-STATUTE-

The American Institute of Taiwan shall employ personnel to

perform duties similar to those performed by personnel of the

United States and Foreign Commercial Service. The number of

individuals employed shall be commensurate with the number of

United States personnel of the Commercial Service who are

permanently assigned to the United States diplomatic mission to

South Korea.

-SOURCE-

(Pub. L. 100-418, title II, Sec. 2201, Aug. 23, 1988, 102 Stat.

1327.)

-COD-

CODIFICATION

Section was enacted as part of the Export Enhancement Act of 1988

and as part of the Omnibus Trade and Competitiveness Act of 1988,

and not as part of the Taiwan Relations Act which comprises this

chapter.

-End-

-CITE-

22 USC Sec. 3311 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 48 - TAIWAN RELATIONS

-HEAD-

Sec. 3311. Reporting requirements

-STATUTE-

(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 -

(1) any agreement entered into between the Institute and the

governing authorities on Taiwan or the instrumentality

established by Taiwan; and

(2) any agreement entered into between the Institute and an

agency of the United States Government.

(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.

-SOURCE-

(Pub. L. 96-8, Sec. 12, Apr. 10, 1979, 93 Stat. 20; Pub. L. 98-164,

title X, Sec. 1011(a)(3), Nov. 22, 1983, 97 Stat. 1061.)

-MISC1-

AMENDMENTS

1983 - Subsec. (d). Pub. L. 98-164 struck out subsec. (d) which

required the Secretary of State to make semi-annual reports

respecting economic relations between the United States and Taiwan.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-End-

-CITE-

22 USC Sec. 3312 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 48 - TAIWAN RELATIONS

-HEAD-

Sec. 3312. Rules and regulations

-STATUTE-

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.

-SOURCE-

(Pub. L. 96-8, Sec. 13, Apr. 10, 1979, 93 Stat. 20.)

-End-

-CITE-

22 USC Sec. 3313 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 48 - TAIWAN RELATIONS

-HEAD-

Sec. 3313. Congressional oversight

-STATUTE-

(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 -

(1) the implementation of the provisions of this chapter;

(2) the operation and procedures of the Institute;

(3) the legal and technical aspects of the continuing

relationship between the United States and Taiwan; and

(4) the implementation of the policies of the United States

concerning security and cooperation in East Asia.

(b) Committee reports to their respective Houses

Such committees shall report, as appropriate, to their respective

Houses on the results of their monitoring.

-SOURCE-

(Pub. L. 96-8, Sec. 14, Apr. 10, 1979, 93 Stat. 20.)

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-End-

-CITE-

22 USC Sec. 3314 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 48 - TAIWAN RELATIONS

-HEAD-

Sec. 3314. Definitions

-STATUTE-

For purposes of this chapter -

(1) the term "laws of the United States" includes any statute,

rule, regulation, ordinance, order, or judicial rule of decision

of the United States or any political subdivision thereof; and

(2) the term "Taiwan" includes, as the context may require, the

islands of Taiwan and the Pescadores, the people on those

islands, corporations and other entities and associations created

or organized under the laws applied on those islands, and the

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).

-SOURCE-

(Pub. L. 96-8, Sec. 15, Apr. 10, 1979, 93 Stat. 20.)

-End-

-CITE-

22 USC Sec. 3315 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 48 - TAIWAN RELATIONS

-HEAD-

Sec. 3315. Authorization of appropriations

-STATUTE-

In addition to funds otherwise available to carry out the

provisions of this chapter, 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.

-SOURCE-

(Pub. L. 96-8, Sec. 16, Apr. 10, 1979, 93 Stat. 21.)

-End-

-CITE-

22 USC Sec. 3316 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 48 - TAIWAN RELATIONS

-HEAD-

Sec. 3316. Severability

-STATUTE-

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.

-SOURCE-

(Pub. L. 96-8, Sec. 17, Apr. 10, 1979, 93 Stat. 21.)

-End-