III 

116TH CONGRESS 

1ST SESSION S. RES. 406 

Recognizing that for 50 years, the Association of South East Asian Nations 

(ASEAN) and its ten members, Brunei, Cambodia, Indonesia, Laos, 

Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam, 

have worked with the United States toward stability, prosperity, and 

peace in Southeast Asia, and expressing the sense of the Senate that 

the United States will continue to remain a strong, reliable, and active 

partner in the ASEAN region. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 5, 2019 

Mr. MENENDEZ (for himself, Mr. RISCH, Mr. MARKEY, and Mr. GARDNER) 

submitted the following resolution; which was referred to the Committee 

on Foreign Relations 

RESOLUTION 

Recognizing that for 50 years, the Association of South 

East Asian Nations (ASEAN) and its ten members, 

Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, 

the Philippines, Singapore, Thailand, and Vietnam, have 

worked with the United States toward stability, prosperity, and peace in Southeast Asia, and expressing the 

sense of the Senate that the United States will continue 

to remain a strong, reliable, and active partner in the 

ASEAN region. 

Whereas the 10 members of the Association of South East 

Asian Nations (ASEAN) represent a variety of different 


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•SRES 406 IS 

cultures and beliefs as well as vibrant economies giving 

rise to a flourishing middle class; 

Whereas an estimated 70,000,000 United States citizens 

identify with an ethnicity represented in ASEAN, including 4,000,000 Filipinos and 1,900,000 Vietnamese; 

Whereas the United States and ASEAN have been cooperating to advance our mutual interests for 40 years, having first established dialogue relations on September 10, 

1977, with the issuing of the 1977 Joint Communique of 

the First ASEAN-United States Dialogue and the United 

States acceding to the Treaty of Amity and Cooperation 

in Southeast Asia (TAC) at the ASEAN Post Ministerial 

Conference Session with the United States in Thailand 

on July 22, 2009; 

Whereas the United States was the first non-ASEAN country 

to appoint an ambassador to ASEAN on April 29, 2008, 

and the first non-member to establish a permanent mission to ASEAN in 2010; 

Whereas cooperation between the United States Government 

and the governments and people of the ASEAN nations 

can help realize their common goals of a peaceful, prosperous, and open Indo-Pacific rooted in a rule-based 

order that promotes security, opportunity, and dignity to 

all peoples; 

Whereas, in 2019, ASEAN’s 10 members represent the sixth 

largest economy in the world and constitute the United 

States fourth-largest export market, with total exports to 

ASEAN countries reaching $116,200,000,000, representing the number one destination for United States 

investment in the Indo-Pacific with $329,000,000,000 in 

cumulative foreign direct investment; 


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Whereas ASEAN nations host critical global sea lanes located 

at the heart of the world’s most dynamic economic regions, with $5,300,000,000,000 of global trade and more 

than half of the world’s total shipped tonnage transiting 

through ASEAN waters each year; 

Whereas the ultimate goal of the ASEAN Economic Community is to create one of the world’s largest single market 

economies and facilitate the free movement of goods, 

services, and professionals; 

Whereas the United States-ASEAN Single Window custom 

facilitation system expedites intra-ASEAN trade and enhances the ability of United States businesses to operate 

in the region; 

Whereas the United States-ASEAN Business Alliance for 

Competitive, Small, and Medium Sized Enterprises 

(SMEs) has trained more than 4,600 small-to-medium 

size enterprises, with nearly half of the participants being 

women entrepreneurs; 

Whereas the Lower Mekong Initiative, established on July 

23, 2009, promotes sustainable economic development in 

mainland Southeast Asia and fosters regional cooperation, integration, and capacity building; 

Whereas the United States remains committed to working 

with ASEAN to improve the protection of human rights 

and fundamental dignity of the people of ASEAN countries, a key ingredient to maintaining stability, promoting 

economic growth, and advancing good governance; 

Whereas the United States opposes all claims in the maritime 

domain that infringe on the rights, freedoms, and lawful 

use of the sea that belongs to all nations, and has a national interest in freedom of navigation and overflight, 


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open access to Asia’s maritime commons, and respect for 

international law in the South China Sea; 

Whereas the United States does not take sides on the competing territorial disputes, but nevertheless believes 

claimants should pursue territorial claims without resort 

to coercion, and through collaborative diplomacy, including international arbitration, and in accordance with 

international law and institutions; 

Whereas the United States supports the Philippines’ decision 

to use arbitration under the United Nations Convention 

on the Law of the Sea (UNCLOS), done at Montego Bay 

December 10, 1982, to peacefully and lawfully address 

competing territorial claims; 

Whereas the United States supports efforts by ASEAN and 

the People’s Republic of China to develop an effective 

Code of Conduct (COC), opposes efforts by any nation to 

use the COC as a vehicle to limit presence in or lawful 

use of the South China Sea, encourages claimants not to 

undertake new or unilateral attempts to change the status quo since the signing of the 2002 Declaration of Conduct, including reclamation activities or administrative 

measures or controls in disputed areas in the South 

China Sea, and encourages ASEAN countries to adopt a 

unified position in negotiating the COC; 

Whereas the ASEAN-United States Maritime Exercise 

(AUXM), which ran from September 2, 2019, until September 6, 2019, built greater maritime security on the 

strength of ASEAN, the strength of our navy-to-navy 

bonds, and the strength of our shared belief in a free and 

open Indo-Pacific; and 


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Whereas changes in climatic conditions in the ASEAN region 

over the past four decades have resulted in major loss 

and damage, with a disproportionate impact on developing countries, and the United States will pursue initiatives that are consistent with sustainable development, including the achievement of food security and poverty alleviation, improvement of conservation and sustainable 

management of forests, fish stocks, and oceanic resources, resilience to extreme weather events and climatedriven disasters, and provision of sustainable livelihood 

for local communities throughout the ASEAN region: 

Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) supports and affirms the full implementa3 tion of provisions of the Asia Reassurance Initiative 

4 Act (Public Law 115–409) with regard to elevating 

5 the United States relationship with ASEAN; 

6 (2) reaffirms the importance of United States7 ASEAN economic engagement, including the elimi8 nation of barriers to cross-border commerce, and 

9 supports the ASEAN Economic Community’s goals, 

10 including strong, inclusive, and sustainable growth 

11 and cooperation with the United States that focuses 

12 on innovation and capacity building efforts in tech13 nology, education, disaster management, food secu14 rity, human rights, and trade facilitation, including 

15 for ASEAN’s poorest countries; 


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1 (3) urges ASEAN to continue its efforts to fos2 ter greater integration and unity within the ASEAN 

3 community, as well as to foster greater integration 

4 and unity with non-ASEAN economic, political, and 

5 security partners, including Japan, the Republic of 

6 Korea, Australia, the European Union, Taiwan, and 

7 India; 

8 (4) recognizes the value of strategic economic 

9 initiatives like the United States-ASEAN Connect, 

10 which demonstrates a commitment to ASEAN and 

11 the AEC and builds upon economic relationships in 

12 the region; 

13 (5) supports ASEAN nations in addressing 

14 maritime and territorial disputes in a constructive 

15 manner and in pursuing claims through peaceful, 

16 diplomatic, and legitimate regional and international 

17 arbitration mechanisms, consistent with inter18 national law, including through the adoption of a 

19 code of conduct in the South China Sea to further 

20 promote peace and stability in the region; 

21 (6) urges all parties to maritime and territorial 

22 disputes in the Asia-Pacific region, including the 

23 Government of the People’s Republic of China— 

24 (A) to exercise self-restraint in the conduct 

25 of activities that would undermine stability or 


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1 complicate or escalate disputes through the use 

2 of coercion, intimidation, or military force; 

3 (B) to refrain from new efforts to milita4 rize uninhabited islands, reefs, shoals, and 

5 other features, including the construction of 

6 new garrisons and facilities and the relocation 

7 of additional military personnel, material, or 

8 equipment; 

9 (C) to oppose actions by any country to 

10 prevent any other country from exercising its 

11 sovereign rights to the resources of the exclu12 sive economic zone (EEZ) and continental shelf 

13 by seeking to enforce claims to those areas in 

14 the South China Sea that have no support in 

15 international law; and 

16 (D) to oppose unilateral declarations of ad17 ministrative and military districts in contested 

18 areas in the South China Sea; 

19 (7) urges parties to refrain from unilateral ac20 tions that cause permanent physical damage to the 

21 marine environment, and supports the efforts of the 

22 National Oceanic and Atmospheric Administration 

23 and ASEAN to implement guidelines to address the 

24 illegal, unreported, and unregulated fishing in the 

25 region; 


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1 (8) supports efforts by United States partners 

2 and allies in ASEAN— 

3 (A) to enhance maritime capability and 

4 maritime domain awareness; 

5 (B) to protect unhindered access to and 

6 use of international waterways in the Asia-Pa7 cific region that are critical to ensuring the se8 curity and free flow of commerce; 

9 (C) to counter piracy; 

10 (D) to disrupt illicit maritime trafficking 

11 activates such as the trafficking of persons, 

12 goods, and drugs; and 

13 (E) to enhance the maritime capabilities of 

14 countries or regional organizations to respond 

15 to emerging threats to maritime security in the 

16 Asia-Pacific region; 

17 (9) urges ASEAN member states to develop a 

18 common approach to reaffirm the decision of the 

19 Permanent Court of Arbitration in The Hague’s rul20 ing with respect to the case between the Republic of 

21 the Philippines and the People’s Republic of China; 

22 (10) reaffirms the commitment of the United 

23 States to continue joint efforts with ASEAN to halt 

24 human smuggling and trafficking in persons, and 

25 urges ASEAN to make increased efforts to create 


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1 and strengthen regional mechanisms to provide as2 sistance and support to refugees and migrants; 

3 (11) supports the Lower Mekong Initiative, 

4 which has made significant progress in promoting 

5 sustainable economic development in mainland 

6 Southeast Asia and fostering integrated sub-regional 

7 cooperation and capacity building; 

8 (12) urges ASEAN to build capacity for the 

9 promotion and protection of human rights by 

10 ASEAN member states, and the implementation of 

11 related priorities, programs, and activities; 

12 (13) urges ASEAN governments to engage di13 rectly with leaders of civil society and human rights, 

14 including advocates of religious freedom, victims of 

15 human rights abuses, and environmental groups, 

16 and to prioritize the construction of forums that give 

17 these stakeholders a voice to instruct public policy; 

18 (14) encourages the President of the United 

19 States to communicate to ASEAN leaders the im20 portance of protecting human rights, including end21 ing extrajudicial killings, releasing political pris22 oners, ceasing politically motivated prosecutions, 

23 strengthening civil society, safeguarding freedom of 

24 the press, freedom of assembly, and the free flow of 


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1 information and ideas, and promoting the rule of law 

2 and open and transparent government; 

3 (15) supports efforts by organizations in 

4 ASEAN addressing corruption in the public and pri5 vate sectors, enhancing anti-bribery compliance, en6 forcing bribery criminalization in the private sector, 

7 and building beneficial ownership transparency 

8 through the ASEAN–USAID PROSPECT project 

9 partnered with the South East Asia Parties Against 

10 Corruption (SEA–PAC); 

11 (16) supports the Young Southeast Asian Lead12 ers Initiative program as an example of people-to13 people partnership building that provides skills, net14 works, and leadership capabilities to a new genera15 tion of people who will create and fill jobs, foster 

16 cross-border cooperation and partnerships, and rise 

17 to solve the regional and global challenges of the fu18 ture; and 

19 (17) urges ASEAN governments to fully uphold 

20 and implement all United Nations Security Council 

21 resolutions and international agreements with re22 spect to North Korea’s nuclear and ballistic missile 

23 programs. 

Æ 


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