PUBLIC LAW 113–17—JULY 12, 2013 

TAIWAN OBSERVER STATUS 


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127 STAT. 480 PUBLIC LAW 113–17—JULY 12, 2013 

Public Law 113–17 

113th Congress 

An Act 

To direct the Secretary of State to develop a strategy to obtain observer status 

for Taiwan at the triennial International Civil Aviation Organization Assembly, 

and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. CONCERNING THE PARTICIPATION OF TAIWAN IN THE 

INTERNATIONAL CIVIL AVIATION ORGANIZATION. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Safe, secure, and economical international air navigation and transport is important to every citizen of the world, 

and safe skies are ensured through uniform aviation standards, 

harmonization of security protocols, and expeditious dissemination of information regarding new regulations and other relevant matters. 

(2) Direct and unobstructed participation in international 

civil aviation forums and programs is beneficial for all nations 

and their civil aviation authorities. Civil aviation is vital to 

all due to the international transit and commerce it makes 

possible, but must also be closely regulated due to the possible 

use of aircraft as weapons of mass destruction or to transport 

biological, chemical, and nuclear weapons or other dangerous 

materials. 

(3) The Convention on International Civil Aviation, signed 

in Chicago, Illinois, on December 7, 1944, and entered into 

force April 4, 1947, established the International Civil Aviation 

Organization (ICAO), stating ‘‘The aims and objectives of the 

Organization are to develop the principles and techniques of 

international air navigation and to foster the planning and 

development of international air transport so as to . . . meet 

the needs of the peoples of the world for safe, regular, efficient 

and economical air transport.’’. 

(4) The terrorist attacks of September 11, 2001, demonstrated that the global civil aviation network is subject to 

vulnerabilities that can be exploited in one country to harm 

another. The ability of civil aviation authorities to coordinate, 

preempt and act swiftly and in unison is an essential element 

of crisis prevention and response. 

(5) Following the terrorist attacks of September 11, 2001, 

the ICAO convened a high-level Ministerial Conference on Aviation Security that endorsed a global strategy for strengthening 

aviation security worldwide and issued a public declaration 

that ‘‘a uniform approach in a global system is essential to 

22 USC 3303 

note. 

July 12, 2013 

[H.R. 1151] 


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PUBLIC LAW 113–17—JULY 12, 2013 127 STAT. 481 

ensure aviation security throughout the world and that deficiencies in any part of the system constitute a threat to the 

entire global system,’’ and that there should be a commitment 

to ‘‘foster international cooperation in the field of aviation security and harmonize the implementation of security measures’’. 

(6) The Taipei Flight Information Region, under the jurisdiction of Taiwan, covers 180,000 square nautical miles of airspace and provides air traffic control services to over 1.2 million 

flights annually, with the Taiwan Taoyuan International Airport recognized as the 10th and 19th largest airport by international cargo volume and number of international passengers, 

respectively in 2011. 

(7) Despite the established international consensus 

regarding a uniform approach to aviation security that fosters 

international cooperation, exclusion from the ICAO since 1971 

has impeded the efforts of the Government of Taiwan to maintain civil aviation practices that comport with evolving international standards, due to its inability to contact the ICAO 

for up-to-date information on aviation standards and norms, 

secure amendments to the organization’s regulations in a timely 

manner, obtain sufficient and timely information needed to 

prepare for the implementation of new systems and procedures 

set forth by the ICAO, receive technical assistance in implementing new regulations, and participate in technical and academic seminars hosted by the ICAO. 

(8) On October 8, 2010, the Department of State praised 

the 37th ICAO Assembly on its adoption of a Declaration on 

Aviation Security, but noted that ‘‘because every airport offers 

a potential entry point into this global system, every nation 

faces the threat from gaps in aviation security throughout 

the world—and all nations must share the responsibility for 

securing that system’’. 

(9) On October 2, 2012, Taiwan became the 37th participant 

to join the United States Visa Waiver program, which is 

expected to stimulate tourism and commerce that will rely 

increasingly on international commercial aviation. 

(10) The Government of Taiwan’s exclusion from the ICAO 

constitutes a serious gap in global standards that should be 

addressed at the earliest opportunity in advance of the 38th 

ICAO Assembly in September 2013. 

(11) The Federal Aviation Administration and its counterpart agencies in Taiwan have enjoyed close collaboration on 

a wide range of issues related to innovation and technology, 

civil engineering, safety and security, and navigation. 

(12) The ICAO has allowed a wide range of observers 

to participate in the activities of the organization. 

(13) The United States, in the 1994 Taiwan Policy Review, 

declared its intention to support Taiwan’s participation in 

appropriate international organizations and has consistently 

reiterated that support. 

(14) Senate Concurrent Resolution 17, agreed to on September 11, 2012, affirmed the sense of Congress that— 

(A) meaningful participation by the Government of 

Taiwan as an observer in the meetings and activities of 

the ICAO will contribute both to the fulfillment of the 

ICAO’s overarching mission and to the success of a global 


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127 STAT. 482 PUBLIC LAW 113–17—JULY 12, 2013 

strategy to address aviation security threats based on effective international cooperation; and 

(B) the United States Government should take a 

leading role in garnering international support for the 

granting of observer status to Taiwan in the ICAO. 

(15) Following the enactment of Public Law 108–235, a 

law authorizing the Secretary of State to initiate and implement 

a plan to endorse and obtain observer status for Taiwan at 

the annual summit of the World Health Assembly and subsequent advocacy by the United States, Taiwan was granted 

observer status to the World Health Assembly for four consecutive years since 2009. Both prior to and in its capacity as 

an observer, Taiwan has contributed significantly to the international community’s collective efforts in pandemic control, 

monitoring, early warning, and other related matters. 

(16) ICAO rules and existing practices allow for the meaningful participation of non-contracting countries as well as other 

bodies in its meetings and activities through granting of 

observer status. 

(b) TAIWAN’S PARTICIPATION AT ICAO.—The Secretary of State 

shall— 

(1) develop a strategy to obtain observer status for Taiwan 

at the triennial ICAO Assembly—next held in September 2013 

in Montreal, Canada—and other related meetings, activities, 

and mechanisms thereafter; and 

(2) instruct the United States Mission to the ICAO to 

officially request observer status for Taiwan at the triennial 

ICAO Assembly and other related meetings, activities, and 

mechanisms thereafter and to actively urge ICAO member 

states to support such observer status and participation for 

Taiwan. 

(c) REPORT CONCERNING OBSERVER STATUS FOR TAIWAN AT

THE ICAO ASSEMBLY.—Not later than 30 days after the date of 

the enactment of this Act, the Secretary of State shall submit 

to Congress a report, in unclassified form, describing the United 

States strategy to endorse and obtain observer status for Taiwan 

at the triennial ICAO Assembly and at subsequent ICAO Assemblies 

and at other related meetings, activities, and mechanisms thereafter. The report shall include the following: 

(1) A description of the efforts the Secretary of State has 

made to encourage ICAO member states to promote Taiwan’s 

bid to obtain observer status. 


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PUBLIC LAW 113–17—JULY 12, 2013 127 STAT. 483 

LEGISLATIVE HISTORY—H.R. 1151 (S. 579): 

SENATE REPORTS: No. 113–42 (Comm. on Foreign Relations) accompanying 

S. 579. 

CONGRESSIONAL RECORD, Vol. 159 (2013): 

June 18, considered and passed House. 

June 27, considered and passed Senate. 

Æ 

(2) The steps the Secretary of State will take to endorse 

and obtain observer status for Taiwan in ICAO and at other 

related meetings, activities, and mechanisms thereafter. 

Approved July 12, 2013. 


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