TAIWAN: TEXTS OF THE TAIWAN RELATIONS ACT, THE U.S.-CHINA COMMUNIQUES, AND THE "SIX ASSURANCES"

CRS Report for Congress
Taiwan: Texts of the Taiwan Relations Act,
the U.S. - China Communiques,
and the "Six Assurances"
Updated July 13, 1998
Kerry Dumbaugh
Specialist in Asian Affairs
Foreign Affairs and National Defense Division


Congressional Research Service ˜ The Library of Congress

ABSTRACT
U.S. policy on Taiwan is governed by the Taiwan Relations Act (TRA), the 3 U.S. joint
communiqués with China, and the so-called "Six Assurances" on Taiwan. CRS Report

96246 provides a brief summary and the full texts of these documents.



Taiwan: Texts of the Taiwan Relations Act
and the U.S. - China Communiques,
and the Six Assurances
Summary
U.S. policy on Taiwan is governed by the Taiwan Relations Act (TRA), the 3
U.S. joint communiqués with China, and the so-called "Six Assurances" on Taiwan.
This report provides the texts of these documents.
U.S. Arms Sales to Taiwan Under the Taiwan Relations Act (TRA) of 1979.
The U.S. position on its defense commitments to Taiwan is spelled out in Section 3
of the Taiwan Relations Act (P.L. 96-8). That language states: 3(a) ...the United
States will make available to Taiwan such defense articles and defense services in
such quantity as may be necessary to enable Taiwan to maintain a sufficient self-
defense capability; (b) The President and the Congress shall determine the nature and
quantity of such defense articles and services...(c) The President is directed to inform
the Congress promptly of any threat to the security or the social or economic system
of the people on Taiwan...
Joint U.S.-China Communiqué, Shanghai, February 27, 1972. The
"Shanghai Communiqué" presented U.S.-China views "on a variety of issues."
About Taiwan, China stated its firm opposition to creating "two Chinas," "one China,
two governments," or "one China, one Taiwan," and stated that Taiwan was "China's
internal affair in which no other country [had] the right to interfere." The United
States "acknowledge[d]" that both China and Taiwan maintained there is but one
China, declared it "[did] not challenge that position," and reaffirmed its interest in a
peaceful settlement of the Taiwan question.
Joint Communiqué on Establishing Diplomatic Relations, January 1, 1979.
On December 15, 1978, the United States and China released this Joint Communiqué
in which the United States recognized the PRC government as the sole legitimate
government of all China and "acknowledge[d] the Chinese position that there is but
one China and Taiwan is part of China."
U.S.-China Joint Communiqué of August 17, 1982. Confronted with
increasing Chinese objections to its arms sale policy, the United States and China
signed a Joint Communiqué on arms sales to Taiwan in 1982. In it, the United States
stated it had no intention of pursuing a "two-China" policy; that it appreciated China's
pledges to strive for a peaceful solution to the Taiwan question; and that the United
States did not plan on a long-term policy of arms sales to Taiwan. In his
accompanying statement, President Ronald Reagan said the 1982 communiqué was
"fully consistent with the Taiwan Relations Act."
"Six Assurances". In 1982, the United States agreed to "six assurances"
proposed by Taiwan to use as guidelines in conducting bilateral relations. These said
that the United States would not change the TRA, not serve as mediator between
Taiwan and China, not fix a date for ending arms sales to Taiwan or consult with
China before selling arms to Taiwan, and not become involved in the issue of
determining Taiwan's sovereignty.



Contents
Texts of Documents.............................................1
The Taiwan Relations Act.....................................1
The Joint U.S.-China Communiqué, Shanghai.....................11
Joint Communiqué on the Establishment of Diplomatic
RelationsBetween the United States of America
and the People's Republic of China..........................15
U.S.-PRC Joint Communiqué.................................16
The "Six Assurances" to Taiwan ...............................18



Taiwan: Texts of the Taiwan Relations Act, the
U.S. - China Communiques,
and the "Six Assurances"
Texts of Documents
The Taiwan Relations Act1
Public Law 96-8 [H.R. 2479], 93 Stat. 14, approved April 10, 1979; as amended by
Public Law 98-164 [Department of State Authorization Act, Fiscal Years 1984
and 1985; H.R. 2915], 97 Stat. 1017 at 1061, approved November 22, 1983; and
by Public Law 104-14 [H.R. 1421], 109 Stat. 186, approved June 3, 1995
AN ACT To help maintain peace, security, and stability in the Western Pacific
and to promote the foreign policy of the United States by authorizing the continuation
of commercial, cultural, and other relations between the people of the United States
and the people on Taiwan, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled,
SHORT TITLE
Section 1. This Act may be cited as the "Taiwan Relations Act".2
FINDINGS AND DECLARATION OF POLICY
Sec. 2. (a) The President having terminated governmental relations between the3
United States and the governing authorities on Taiwan recognized by the United
States as the Republic of China prior to January 1, 1979, the Congress finds that the
enactment of this Act is necessary--


Taken from Legislation on Foreign Relations Through 1994, S. Print 1-4-25. Printed1
jointly by the Senate and the House of Representatives, July 1995. Volume II, page 1393.
See also sec. 1073 of the National Defense Authorization Act for FY1995, relating to visas2
for high-level officials of Taiwan, in Legislation on Foreign Relations Through 1994, vol.
I-B, p. 390.
See also sec. 221 of the Immigration and Nationality Technical Corrections Act of
1994 (P.L. 103-416; 108 Stat. 4320), relating to visas for officials of Taiwan, in Legislation
on Foreign Relations Through 1994, vol. II, p. 843.

22 U.S.C. 3301.3



(1) to help maintain peace, security, and stability in the Western Pacific;
and
(2) to promote the foreign policy of the United States by authorizing the
continuation of commercial, cultural, and other relations between the people of
the United States and the people on Taiwan.
(b) It is the policy of the United States--
(1) to preserve and promote extensive, close, and friendly commercial,
cultural, and other relations between the people of the United States and the
people on Taiwan, as well as the people on the China mainland and all other
peoples of the Western Pacific area;
(2) to declare that peace and stability in the area are in the political,
security, and economic interests of the United States, and are matters of
international concern;
(3) to make clear that the United States decision to establish diplomatic
relations with the People's Republic of China rests upon the expectation that the
future of Taiwan will be 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
economical system, of the people on Taiwan.
(c) Nothing contained in this Act shall contravene the interest of the United
States in human rights, especially with respect to the human rights of all the
approximately eighteen million inhabitants of Taiwan. The preservation and
enhancement of the human rights of all the people on Taiwan are hereby reaffirmed
as objectives of the United States.
IMPLEMENTATION OF UNITED STATES POLICY WITH
REGARD TO TAIWAN
Sec. 3. (a) In furtherance of the policy set forth in section 2 of this Act, the4
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.5
(b) The President and the Congress shall determine the nature and quantity of
such defense articles and services based solely upon their judgment of the needs of
Taiwan, in accordance with procedures established by law. Such 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) 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


22 U.S.C. 3302.4


Sec. 23 of the International Security Assistance Act of 1979 (P.L. 96-92; 93 Stat. 710)5
provided authorization for the President to transfer to Taiwan war reserve material and other
property during calendar years 1980 and 1981. For text of sec. 23, see Legislation on
Foreign Relations Through 1994, vol. I-A, page 504.

to the interests of the United States arising therefrom. The President and the Congress
shall determine, in accordance with constitutional processes, appropriate action by
the United States in response to any such danger.
APPLICATION OF LAWS; INTERNATIONAL AGREEMENTS
Sec. 4. (a) The absence of diplomatic relations or recognition shall not affect6
the application of the laws of the United States with respect to Taiwan, and the law
of the United States shall apply with respect to Taiwan in the manner that the laws
of the United States applied with respect to Taiwan prior to January 1, 1979.
(b) The application of subsection (a) of this section shall include, but shall not
be limited to, the following:
(1) Whenever the laws of the United States refer or relate to foreign
countries, nations, states, governments, or similar 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 6 of this Act, 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 Act, nor the facts of the President's action in extending
diplomatic recognition to the People's Republic of China, the absence of
diplomatic relations between the people on Taiwan and the United States, or the
lack of recognition by the United States, and attendant circumstances thereto,
shall be construed in any administrative or judicial proceeding as a basis for any
United States Government agency, commission, or department to make a
finding of fact or determination of law, under the Atomic Energy Act of 1954
and the Nuclear Non-Proliferation Act of 1978, to deny an export license


22 U.S.C. 3303.6



application or to revoke an existing export license for nuclear exports to
Taiwan.
(6) For purposes of the Immigration and Nationality Act, Taiwan may be
treated in the manner specified in the first sentence of section 202(b) of that7
Act.
(7) The capacity of Taiwan to sue and be sued in courts in the United
States, in accordance with the laws of the United States, shall not be abrogated,
infringed, modified, denied, or otherwise affected in any way by the absence of
diplomatic relations or recognition.
(8) No requirement, whether expressed or implied, under the laws of the
United States with respect to maintenance of diplomatic relations or recognition
shall be applicable with respect to Taiwan.
(c) 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) Nothing in this Act may be construed as a basis for supporting the exclusion
or expulsion of Taiwan from continued membership in any international financial
institution or any other international organization.
OVERSEAS PRIVATE INVESTMENT CORPORATION
Sec. 5. (a) During the three-year period beginning on the date of enactment of8
this Act, the $1,000 per capita income restriction in clause (2) of the second
undesignated paragraph of section 231 of the Foreign Assistance Act of 1961 shall
not restrict the activities of the Overseas Private Investment Corporation in
determining whether to provide any insurance, reinsurance, loans, or guaranties with
respect to investment projects on Taiwan.
(b) Except as provided in subsection (a) of this section, in issuing insurance,
reinsurance, loans, or guaranties with respect to investment projects on Taiwan, the


7.Sec. 714 of the International Security and Development Cooperation Act of 1981 (Public Law 97-


113; 95 Stat. 1548) provided the following:


"Sec. 714. The approval referred to in the first sentence of section 202(b) of
the Immigration and Nationality Act shall be considered to have been granted
with respect to Taiwan (China).".
The first sentence of such sec. 202(b) stated: "Each independent country, self-governing
dominion, mandated territory, and territory under the international trusteeship system of the United
Nations, other than the United States and its outlying possessions shall be treated as a separate foreign
state for the purposes of the numerical limitation set forth in the proviso to subsection (a) of this
section when approved by the Secretary of State.".
On April 30, 1979, the Department of State made a final ruling whereby 22 CFR Part 42 was
amended effective April 23, 1979, to provide that aliens in Taiwan applying for immigrant visas shall
be required to appear personally before a designated officer of the American Institute in Taiwan in
connection with the execution of his immigrant visa application. This ruling, which was made
pursuant to the authority contained in section 104 of the Immigration and Nationality Act, can be
found at 44 F.R. 28659, May 16, 1979.

22 U.S.C. 3304.8



Overseas Private Insurance Corporation shall apply the same criteria as those
applicable in other parts of the world.
THE AMERICAN INSTITUTE OF TAIWAN
Sec. 6. (a) Programs, transactions, and other relations conducted or carried out9
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 Act referred to as the "Institute").
(b) Whenever the President or any agency of the United States Government is
authorized or required by or pursuant to the laws of the United States to enter into,
perform, enforce, or have in force an agreement or transaction relative to Taiwan,
such agreement or transaction shall be entered into, performed, and enforced, in the
manner and to the extent directed by the President, by or through the Institute.
(c) To the extent that any law, rule, regulation, or ordinance of the District of
Columbia, or of any State or political subdivision thereof in which the Institute is
incorporated or doing business, impedes or otherwise interferes with the performance
of the functions of the Institute pursuant to this Act, such law, rule, regulation, or
ordinance shall be deemed to be preempted by this Act.
SERVICES BY THE INSTITUTE TO UNITED STATES CITIZENS
ON TAIWAN
Sec. 7. (a) The Institute may authorize any of its employees on Taiwan--10
(1) to administer to or take from any person on 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 act as provisional conservator of the personal estates of deceased
United States citizens; and
(3) to assist and protect the interests of United States persons by
performing other acts such as are authorized to be performed outside the United
States for consular purposes by such laws of the United States as the President
may specify.
(b) Acts performed by authorized employees of the Institute under this section
shall be valid, and of like force and effect within the United States, as if performed
by any other person authorized under the laws of the United States to perform such
acts.
TAX EXEMPT STATUS OF THE INSTITUTE


22 U.S.C. 3305.9


22 U.S.C. 3306.10



Sec. 8. (a) The Institute, its property, and its income are exempt from all11
taxation now or hereafter imposed by the United States (except to the extent that
section 11(a)(3) of this Act requires the imposition of taxes imposed under chapter

21 of the Internal Revenue Code of 1986, relating to the Federal Insurance12


Contributions Act) or by any State or local taxing authority of the United States.
(b) For purposes of the Internal Revenue Code of 1986, the Institute shall be13
treated as an organization described in sections 170(b)(1)(A), 170(c), 2055(a),

2106(a)(2)(A), 2522(a), and 2522(b).


FURNISHING PROPERTY AND SERVICES TO AND OBTAINING
SERVICES FROM THE INSTITUTE
Sec. 9. (a) Any agency of the United States Government is authorized to sell,14
loan, or lease property (including interests therein) to, and to perform administrative
and technical support functions and services for the operations of, the Institute upon
such terms and conditions as the President may direct. Reimbursements to agencies
under this subsection shall be credited to the current applicable appropriation of the
agency concerned.
(b) Any agency of the United States Government is authorized to acquire and
accept services from the Institute upon such terms and conditions as the President
may direct. Whenever the President determines it to be in furtherance of the purposes
of this Act, the procurement of services by such agencies from the Institute may be
effected without regard to such laws of the United States normally applicable to the
acquisition of services by such agencies as the President may specify by Executive
order.
(c) Any agency of the United States Government making funds available to the
Institute in accordance with this Act shall make arrangements with the Institute for
the Comptroller General of the United States to have access to the books and records
of the Institute and the opportunity to audit the operations of the Institute.
TAIWAN INSTRUMENTALITY
Sec. 10. (a) Whenever the President or any agency of the United States15
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


22 U.S.C. 3307.11


Sec. 2 of the Tax Reform Act of 1986 (P.L. 99-514; 100 Stat. 2095) struck out "Internal12
Revenue Code of 1954" and inserted in lieu thereof "Internal Revenue Code of 1986,"
wherever it is cited in law.
See note 12.13

22 U.S.C. 3308.14


22 U.S.C. 3309.15



on Taiwan to provide assurances and take other actions on behalf of Taiwan in
accordance with this Act.
(b) The President is requested to extend to the instrumentality established by
Taiwan the same number of offices and complement of 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) 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.
SEPARATION OF GOVERNMENT PERSONNEL FOR EMPLOYMENT
WITH THE INSTITUTE
Sec. 11. (a)(1) Under such terms and conditions as the President may direct,16
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
which 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 deaths, 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 any agency
of the United States Government.
(4) Any officer or employee of an agency of the United States Government who
entered into service with the Institute on approved leave of absence without pay prior
to the enactment of this Act shall receive the benefits of this section for the period of
such service.


22 U.S.C. 3310.16



(b) Any agency of the United States Government employing alien personnel on
Taiwan may transfer such personnel, with accrued allowances, benefits, and rights,
to the Institute without a break in service for purposes of retirement and other
benefits, including continued participation in any system established by the laws of
the United States for the retirement of employees in which the alien was participating
prior to the transfer to the Institute, except that employment with the Institute shall
be creditable for retirement purposes only to the extent that employee deductions and
employer contributions, as required, in payment for such participation for the period
of employment with the Institute, are currently deposited in the system's fund or
depository.
(c) Employees of the Institute shall not be employees of the United States and,
in representing the Institute, shall be exempt from section 207 of title 18, United
States Code.
(1) For purposes of sections 911 and 913 of the Internal Revenue Code of

1986, amounts paid by the Institute to its employees shall not be treated as earned17


income. Amounts received by employees of the Institute shall not be included in
gross income, and shall be exempt from taxation, to the extent that they are
equivalent to amounts received by civilian officers and employees of the Government
of the United States as allowances and benefits which are exempt from taxation
under section 912 of such Code.
(2) Except to the extent required by subsection (a)(3) of this section, service
performed in the employ of the Institute shall not constitute employment for purposes
of chapter 21 of such Code and title II of the Social Security Act.
REPORTING REQUIREMENT
Sec. 12. (a) The Secretary of State shall transmit to the Congress the text of18
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) For purposes of subsection (a), 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) 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.


See note 12.17

22 U.S.C. 3311.18



(d) * * * [Repealed--1983]19
RULES AND REGULATIONS
Sec. 13. The President is authorized to prescribe such rules and regulations as20
he may deem appropriate to carry out the purposes of this Act. During the three-year
period beginning on the effective date of this Act, 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 Act.
CONGRESSIONAL OVERSIGHT
Sec. 14. (a) The Committee on International Relations of the House of21
Representatives, the Committee on Foreign Relations of the Senate, and other22
appropriate committees of the Congress shall monitor--
(1) the implementation of the provisions of this Act;
(2) the operation and procedures of the Institute;
(3) the legal and technical aspects of the continuing 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) Such committees shall report, as appropriate, to their respective Houses on
the results of their monitoring.
DEFINITIONS
Sec. 15. For purposes of this Act--23
(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, corporation 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


Sec. 1011(a)(3) of the Department of State Authorization Act, fiscal years 1984 and 198519
(P.L. 98-164; 97 Stat. 1061) repealed subsec. (d). Subsec. (D) had required a report from the
Secretary of State to the Congress every 6 months until April 1981 regarding the economic
relations between the United States and Taiwan.

22 U.S.C. 3312.20


22 U.S.C. 3313.21


Sec. 1(a)(5) of P.L. 104-14 (109 Stat. 186) stated that any reference to the "Committee on22
Foreign Affairs of the House of Representatives shall be treated as referring to the
Committee on International Relations of the House of Representatives."

22 U.S.C. 3314.23



governing authorities (including political subdivisions, agencies, and
instrumentalities thereof).
AUTHORIZATION OF APPROPRIATIONS
Sec. 16. In addition to funds otherwise available to carry out the provisions of24
this Act, 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 funds25
are authorized to remain available until expended.
SEVERABILITY OF PROVISIONS
Sec. 17. If any provision of this Act or the application thereof to any person26
or circumstance is held invalid, the remainder of the Act and the application of such
provision to any other person or circumstance shall not be affected thereby.
EFFECTIVE DATE
Sec. 18. This Act shall be effective as of January 1, 1979.


22 U.S.C. 3315.24


The Department of State Appropriations Act, 1986 (title III of P.L. 99-180; 99 Stat. 1150),25
provided $9,800,000 for necessary expenses to carry out this Act during FY1986. The
Department of State Appropriations Act, 1987 (title III of P.L. 99-591; 100 Stat. 3341),
provided $9,379,000 for FY1987. The Department of State Appropriations Act, 1988 (title
III of P.L. 100-202; 101 Stat. 1329), provided $11,000,000 for FY1988. The Department
of State Appropriations Act, 1989 (title III of P.L. 100-459; 102 Stat. 2205), provided
$10,890,000 for FY1989. The Department of State Appropriations Act, 1990 (title III of
P.L. 101-162; 103 Stat. 1007), provided $11,300,000 for FY1990. The Department of State
Appropriations Act, 1991 (title III of P.L. 101-515; 104 Stat. 2126), provided $11,752,000
for FY1991. The Department of State and Related Agencies Appropriations Act, 1992 (title
V of P.L. 102-140; 105 Stat. 818), provided $13,784,000 for FY1992. The Department of
State and Related Agencies Appropriations Act, 1993 (title V of P.L. 102-395; 106 Stat.
1866), provided $15,543,000 for FY1993. The Department of State and Related Agencies
Appropriations Act, 1994 (title V of P.L. 103-121; 107 Stat. 1186), provided $15,165,000
for FY1994. The Department of State and Related Agencies Appropriations Act, 1995 (title
V of P.L. 103-317; 108 Stat. 1762), provided $15,465,000 for FY1995. The Department of
State ** , 1996 (P.L. ***) provided $15,145,000 for FY1996. The Department of State **
, 1997 (P.L. ***) provided $14,490,000 for FY1997. The Department of State ** , 1998
(P.L. ***) provided $14,000,000 for FY1998. The request for FY1999 is $16,426,000.

22 U.S.C. 3316.26



The Joint U.S.-China Communiqué, Shanghai
February 27, 1972
President Richard Nixon of the United States of America visited the People's
Republic of China at the invitation of Premier Chou En-lai of the People's Republic
of China from February 21 to February 28, 1972. Accompanying the President were
Mrs. Nixon, U.S. Secretary of State William Rogers, Assistant to the President Dr.
Henry Kissinger, and other American officials.
President Nixon met with Chairman Mao Tse-tung of the Communist Party of
China on February 21. The two leaders had a serious and frank exchange of views
on Sino-U.S. relations and world affairs.
During the visit, extensive, earnest and frank discussions were held between
President Nixon and Premier Chou En-lai on the normalization of relations between
the United States of America and the People's Republic of China, as well as on other
matters of interest to both sides. In addition, Secretary of State William Rogers and
Foreign Minister Chi Peng-fei held talks in the same spirit.
President Nixon and his party visited Peking and viewed cultural, industrial and
agricultural sites, and they also toured Hangchow and Shanghai where, continuing
discussions with Chinese leaders, they viewed similar places of interest.
The leaders of the People's Republic of China and the United States of America
found it beneficial to have this opportunity, after so many years without contact, to
present candidly to one another their views on a variety of issues. They reviewed the
international situation in which important changes and great upheavals are taking
place and expounded their respective positions and attitudes.
The U.S. side stated: Peace in Asia and peace in the world requires efforts both
to reduce immediate tensions and to eliminate the basic causes of conflict. The
United States will work for a just and secure peace: just, because it fulfills the
aspirations of peoples and nations for freedom and progress; secure, because it
removes the danger of foreign aggression. The United States supports individual
freedom and social progress for all the peoples of the world, free of outside pressure
or intervention. The United States believes that the effort to reduce tensions is served
by improving communication between countries that through accident,
miscalculation or misunderstanding. Countries should treat each other with mutual
respect and be willing to compete peacefully, letting performance be the ultimate
judge. No country should claim infallibility and each country should be prepared to
reexamine its own attitudes for the common good. The United States stressed that
the peoples of Indochina should be allowed to determine their destiny without outside
intervention; its constant primary objective has been a negotiated solution; the
eight-point proposal put forward by the Republic of Vietnam and the United States
on January 27, 1972 represents a basis for the attainment of that objective; in the
absence of a negotiated settlement the United States envisages the ultimate
withdrawal of all U.S. forces from the region consistent with the aim of self-
determination for each country of Indochina. The United States will maintain its
close ties with and support for the Republic of Korea; the United States will support
efforts of the Republic of Korea to seek a relaxation of tension and increased



communication in the Korean peninsula. The United States places the highest value
on its friendly relations with Japan; it will continue to develop the existing close
bonds. Consistent with the United Nations Security Council Resolution of December
21, 1971, the United States favors the continuation of the cease-fire between India
and Pakistan and the withdrawal of all military forces to within their own territories
and to their own sides of the cease-fire line in Jammu and Kashmir; the United States
supports the right of the peoples of South Asia to shape their own future in peace,
free of military threat, and without having the area become the subject of great power
rivalry.
The Chinese side stated: Wherever there is oppression, there is resistance.
Countries want independence, nations want liberation and the people want
revolution--this has become the irresistible trend of history. All nations, big or small,
should be equal; big nations should not bully the small and strong nations should not
bully the weak. China will never be a superpower and it opposes hegemony and
power politics of any kind. The Chinese side stated that it firmly supports the
struggles of all the oppressed people and nations for freedom and liberation and that
the people of all countries have the right to choose their social systems according to
their own wishes and the right to safeguard the independence, sovereignty and
territorial integrity of their own countries and oppose foreign aggression,
interference, control and subversion. All foreign troops should be withdrawn to their
own countries.
The Chinese side expressed its firm support to the peoples of Vietnam, Laos and
Cambodia in their efforts for the attainment of their goal and its firm support to the
seven-point proposal of the Provisional Revolutionary Government of the Republic
of South Vietnam and the elaboration of February this year on the two key problems
in the proposal, and to the Joint Declaration of the Summit Conference of the
Indochinese Peoples. It firmly supports the eight-point program for the peaceful
unification of Korea put forward by the Government of the Democratic People's
Republic of Korea on April 12, 1971, and the stand for the abolition of the "U.N.
Commission for the Unification and Rehabilitation of Korea." It firmly opposes the
revival and outward expansion of Japanese militarism and firmly supports the
Japanese people's desire to build an independent, democratic, peaceful and neutral
Japan. It firmly maintains that India and Pakistan should, in accordance with the
United Nations resolutions on the India-Pakistan question, immediately withdraw all
their forces to their respective territories and to their own sides of the cease-fire line
in Jammu and Kashmir and firmly supports the Pakistan Government and people in
their struggle to preserve their independence and sovereignty and the people of
Jammu and Kashmir in their struggle for the right of self-determination.
There are essential differences between China and the United States in their
social systems and foreign policies. However, the two sides agreed that countries,
regardless of their social systems, should conduct their relations on the principles of
respect for the sovereignty and territorial integrity of all states, non-aggression
against other states, non-interference in the internal affairs of other states, equality
and mutual benefit, and peaceful coexistence. International disputes should be
settled on this basis, without resorting to the use or threat of force. The United States
and the People's Republic of China are prepared to apply these principles to their
mutual relations.



With these principles of international relations in mind the two sides stated that:
!progress toward the normalization of relations between China and the United
States is in the interests of all countries;
!both wish to reduce the danger of international military conflict;
!neither should seek hegemony in the Asia-Pacific region and each is opposed
to efforts by any other country or group of countries to establish such
hegemony; and
!neither is prepared to negotiate on behalf of any third party or to enter into
agreements or understandings with the other directed at other states.
Both sides are of the view that it would be against the interests of the peoples
of the world for any major country to collude with another against other countries,
or for major countries to divide up the world into spheres of interest.
The two sides reviewed the long-standing serious disputes between China and
the United States. The Chinese reaffirmed its position: The Taiwan question is the
crucial question obstructing the normalization of relations between China and the
United States; the Government of the People's Republic of China is the sole legal
government of China; Taiwan is a province of China which has long been returned
to the motherland; the liberation of Taiwan is China's internal affair in which no
other country has the right to interfere; and all U.S. forces and military installations
must be withdrawn from Taiwan. The Chinese Government firmly opposes any
activities which aim at the creation of "one China, one Taiwan," "one China, two
governments," "two Chinas," and "independent Taiwan" or advocate that "the status
of Taiwan remains to be determined."
The U.S. side declared: The United States acknowledges that all Chinese on
either side of the Taiwan Strait maintain there is but one China and that Taiwan is a
part of China. The United States Government does not challenge that position. It
reaffirms its interest in a peaceful settlement of the Taiwan question by the Chinese
themselves. With this prospect in mind, it affirms the ultimate objective of the
withdrawal of all U.S. forces and military installations from Taiwan. In the
meantime, it will progressively reduce its forces and military installations on Taiwan
as the tension in the area diminishes.
The two sides agreed that it is desirable to broaden the understanding between
the two peoples. To this end, they discussed specific areas in such fields as science,
technology, culture, sports and journalism, in which people-to-people contacts and
exchanges would be mutually beneficial. Each side undertakes to facilitate the
further development of such contacts and exchanges.
Both sides view bilateral trade as another area from which mutual benefit can
be derived, and agreed that economic relations based on equality and mutual benefit
are in the interest of the peoples of the two countries. They agree to facilitate the
progressive development of trade between their two countries. The two sides agreed
that they will stay in contact through various channels, including the sending of a



senior U.S. representative to Peking from time to time for concrete consultations to
further the normalization of relations between the two countries and continue to
exchange views on issues of common interest.
The two sides expressed the hope that the gains achieved during this visit would
open up new prospects for the relations between the two countries. They believe that
the normalization of relations between the two countries is not only in the interest of
the Chinese and American peoples but also contributes to the relaxation of tension
in Asia and the world.
President Nixon, Mrs. Nixon and the American party expressed their
appreciation for the gracious hospitality shown them by the Government and people
of the People's Republic of China.



Joint Communiqué on the Establishment of Diplomatic
RelationsBetween the United States of America
and the People's Republic of China
January 1, 1979
(The communiqué was released on December 15, 1978, in Washington and
Peking.)
The United States of America and the People's Republic of China have agreed
to recognize each other and to establish diplomatic relations as of January 1, 1979.
The United States of America recognizes the Government of the People's
Republic of China as the sole legal Government of China. Within this context, the
people of the United States will maintain cultural, commercial, and other unofficial
relations with the people of Taiwan.
The United States of America and the People's Republic of China reaffirm the
principles agreed on by the two sides in the Shanghai Communiqué and emphasize
once again that:
!Both wish to reduce the danger of international military conflict.
!Neither should seek hegemony in the Asia-Pacific region or in any other
region of the world and each is opposed to efforts by any other country or
group of countries to establish such hegemony.
!Neither is prepared to negotiate on behalf of any third party or to enter into
agreements or understandings with the other directed at other states.
!The Government of the United States of America acknowledges the Chinese
position that there is but one China and Taiwan is part of China.
!Both believe that normalization of Sino-American relations is not only in the
interest of the Chinese and American peoples but also contributes to the cause
of peace in Asia and the world.
The United States of America and the People's Republic of China will exchange
Ambassadors and establish Embassies on March 1, 1979.



U.S.-PRC Joint Communiqué
August 17, 1982
1.In the Joint Communiqué on the Establishment of Diplomatic Relations on
January 1, 1979, issued by the Government of the United States of America and
the Government of the People's Republic of China, the United States of
America recognized the Government of the People's Republic of China as the
sole legal government of China, and it acknowledged the Chinese position that
there is but one China and Taiwan is part of China. Within that context, the two
sides agreed that the people of the United States would continue to maintain
cultural, commercial, and other unofficial relations with the people of Taiwan.
On this basis, relations between the United States and China were normalized.
2.The question of United States arms sales to Taiwan was not settled in the course
of negotiations between the two countries on establishing diplomatic relations.
The two sides held differing positions, and the Chinese side stated that it would
raise the issue again following normalization. Recognizing that this issue would
seriously hamper the development of United States-China relations, they have
held further discussions on it, during and since the meetings between President
Ronald Reagan and Premier Zhao Ziyang and between Secretary of State
Alexander M. Haig, Jr., and Vice Premier and Foreign Minister Huang Hua in
October 1981.
3.Respect for each other's sovereignty and territorial integrity and non-interference
each other's internal affairs constitute the fundamental principles guiding United
States-China relations. These principles were confirmed in the Shanghai
Communiqué of February 28, 1972 and reaffirmed in the Joint Communiqué on
the Establishment of Diplomatic Relations which came into effect on January
1, 1973. Both sides emphatically state that these principles continue to govern
all aspects of their relations.
4.The Chinese government reiterates that the question of Taiwan is China's
internal affair. The Message to the Compatriots in Taiwan issued by China on
January 1, 1979, promulgated a fundamental policy of striving for Peaceful
reunification of the Motherland. The Nine-Point Proposal put forward by China
on September 30, 1981 represented a further major effort under this
fundamental policy to strive for a peaceful solution to the Taiwan question.
5.The United States Government attaches great importance to its relations with
China, and reiterates that it has no intention of infringing on Chinese
sovereignty and territorial integrity, or interfering in China's internal affairs, or
pursuing a policy of "two Chinas" or "one China, one Taiwan." The United
States Government understands and appreciates the Chinese policy of striving
for a peaceful resolution of the Taiwan question as indicated in China's Message
to Compatriots in Taiwan issued on January 1, 1979 and the Nine-Point
Proposal put forward by China on September 30, 1981. The new situation
which has emerged with regard to the Taiwan question also provides favorable
conditions for the settlement of United States-China differences over the
question of United States arms sales to Taiwan.



6.Having in mind the foregoing statements of both sides, the United States
Government states that it does not seek to carry out a long-term policy of arms
sales to Taiwan, that its arms sales to Taiwan will not exceed, either in
qualitative or in quantitative terms, the level of those supplied in recent years
since the establishment of diplomatic relations between the United States and
China, and that it intends to reduce gradually its sales of arms to Taiwan,
leading over a period of time to a final resolution. In so stating, the United
States acknowledges China's consistent position regarding the thorough
settlement of this issue.
7.In order to bring about, over a period of time, a final settlement of the question
of United States arms sales to Taiwan, which is an issue rooted in history, the
two governments will make every effort to adopt measures and create conditions
conducive to the thorough settlement of this issue.
8.The development of United States-China relations is not only in the interest of
the two peoples but also conducive to peace and stability in the world. The two
sides are determined, on the principle of equality and mutual benefit, to
strengthen their ties to the economic, cultural, educational, scientific,
technological and other fields and make strong, joint efforts for the continued
development of relations between the governments and peoples of the United
States and China.
9.In order to bring about the healthy development of United States China
relations, maintain world peace and oppose aggression and expansion, the two
governments reaffirm the principles agreed on by the two sides in the Shanghai
Communiqué and the Joint Communiqué on the Establishment of Diplomatic
Relations. The two sides will maintain contact and hold appropriate
consultations on bilateral and international issues of common interest.



The "Six Assurances" to Taiwan
In 1982, during negotiations for the 3 U.S.-China Communique on Arms Sales
to Taiwan, the Taiwan government presented the United States with six points that
it proposed the United States use as guidelines in conducting U.S.-Taiwan relations.
According to former Ambassador John Holdridge, the United States agreed to these
points, conveyed this assent to Taiwan, and, in late July 1982, informed Congress
of the agreement. The six points are:

1. The United States would not set a date for termination of arms sales to Taiwan.


2. The United States would not alter the terms of the Taiwan Relations Act.


3. The United States would not consult with China in advance before making
decisions about U.S. arms sales to Taiwan.

4. The United States would not mediate between Taiwan and China.


5. The United States would not alter is position about the sovereignty of Taiwan —


which was, that the question was one to be decided peacefully by the Chinese
themselves — and would not pressure Taiwan to enter into negotiations with China.

6. The United States would not formally recognize Chinese sovereignty over Taiwan.