May 21, 1998

96-246 F 
CRS Report for Congress 

Received through the CRS Web 

Taiwan: Texts of the Taiwan Relations Act, 
the U.S. - China Communiques, 
and the "Six Assurances" 

Updated May 21, 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 


1 Taken from Legislation on Foreign Relations Through 1994, S. Print 1-4-25. Printed 
jointly by the Senate and the House of Representatives, July 1995. Volume II, page 1393. 


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 2. This Act may be cited as the "Taiwan Relations Act".

2 See also sec. 1073 of the National Defense Authorization Act for FY1995, relating to 
visas 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. 


FINDINGS AND DECLARATION OF POLICY 


Sec. 2. 3 (a) 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 Act is necessary-


3 22 U.S.C. 3301. 


(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. 4 (a) In furtherance of the policy set forth in section 2 of this Act, 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.5 

4 22 U.S.C. 3302. 

5 Sec. 23 of the International Security Assistance Act of 1979 (P.L. 96-92; 93 Stat. 710) 
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. 


(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 
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. 6 (a) 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 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. 

6 22 U.S.C. 3303. 

(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 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 that 
Act.7 


7.Sec. 714 of the International Security and Development Cooperation Act of 1981 (Public Law 97113; 
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. 


(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 of any other international organization. 


OVERSEAS PRIVATE INVESTMENT CORPORATION 


Sec. 5. 8 (a) During the three-year period beginning on the date of enactment ofthis 
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. 


8 22 U.S.C. 3304. 


(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 
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. 9 (a) Programs, transactions, and other relations conducted or carried outby 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-


9 22 U.S.C. 3305.


(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. 10 (a) The Institute may authorize any of its employees on Taiwan-

10 22 U.S.C. 3306. 


(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 


Sec. 8. 11 (a) 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 11(a)(3) of this Act requires the imposition of taxes imposed under chapter 
21 of the Internal Revenue Code of 1986, 12 relating to the Federal Insurance 
Contributions Act) or by any State or local taxing authority of the United States. 

11 22 U.S.C. 3307. 

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


(b) For purposes of the Internal Revenue Code of 1986,13 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). 

13 See note 12. 


FURNISHING PROPERTY AND SERVICES TO AND OBTAINING 
SERVICES FROM THE INSTITUTE 


Sec. 9. 14 

14 22 U.S.C. 3308. 


(a) 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) 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. 15 

15 22 U.S.C. 3309. 


(a) 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 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. 16 (a)(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. 

16 22 U.S.C. 3310. 


(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. 


(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 
1986,17 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 such Code. 

17 See note 12. 


(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. 18 

18 22 U.S.C. 3311. 


(a) 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) 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. 


(d)19 * * * [Repealed--1983] 


19 Sec. 1011(a)(3) of the Department of State Authorization Act, fiscal years 1984 and 
1985 (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. 


RULES AND REGULATIONS 


Sec. 13. 20 The President is authorized to prescribe such rules and regulations as 
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. 

20 22 U.S.C. 3312. 


CONGRESSIONAL OVERSIGHT 


Sec. 14. 21 (a) The Committee on International Relations of the House of 
Representatives,22 the Committee on Foreign Relations of the Senate, and other 
appropriate committees of the Congress shall monitor-

21 22 U.S.C. 3313. 

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


(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. 23 For purposes of this Act-

23 22 U.S.C. 3314. 


(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 governing 
authorities (including political subdivisions, agencies, and instrumentalities 
thereof). 


AUTHORIZATION OF APPROPRIATIONS 


Sec. 16. 24 In addition to funds otherwise available to carry out the provisions of 
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.25 Such 
funds are authorized to remain available until expended. 

24 22 U.S.C. 3315. 

25 The Department of State Appropriations Act, 1986 (title III of P.L. 99-180; 99 Stat. 
1150), 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. At date of 
publication, the Department of State and related agencies are operating under a continuing 
resolution for FY1996. 


SEVERABILITY OF PROVISIONS 


Sec. 17. 26 If any provision of this Act or the application thereof to any person 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. 

26 22 U.S.C. 3316. 

EFFECTIVE DATE 


Sec. 18. This Act shall be effective as of January 1, 1979. 

_____________________________________________________________________________________

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. 

_________________________________________________________________________________