H. Res. 714 

In the House of Representatives, U. S., 

December 3, 2014. 

Whereas the maritime domains of the Asia-Pacific region, 

which include both the sea and airspace above the domains, are critical to the region’s prosperity, stability, 

and security, including global commerce; 

Whereas the maritime domain in the Asia-Pacific region between the Pacific and Indian Oceans includes critical sea 

lines of commerce and communication; 

Whereas China, Vietnam, the Philippines, Taiwan, Malaysia, 

and Brunei have disputed territorial claims over the 

Spratly Islands, and China, Taiwan, and Vietnam have 

disputed territorial claims over the Paracel Islands; 

Whereas, although the United States Government is not a 

claimant in maritime disputes in either the East China 

or South China Seas, the United States has an interest 

in the peaceful diplomatic resolution of disputed claims in 

accordance with international law, in freedom of navigation and overflight, and in the free-flow of commerce free 

of coercion, intimidation, or the use of force; 

Whereas in 2002, the Association of Southeast Asian Nations 

(ASEAN) and China agreed to the Declaration on the 

Conduct of Parties in the South China Sea, and committed to developing an effective Code of Conduct; 
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Whereas that declaration committed all parties to those territorial disputes to ‘‘reaffirm their respect for and commitment to the freedom of navigation in and over flight 

above the South China Sea as provided for by the universally recognized principles of international law’’, and to 

‘‘resolve their territorial and jurisdictional disputes by 

peaceful means, without resorting to the threat or use of 

force’’; 

Whereas since that time, tensions over the disputed maritime 

and territorial areas have increased; 

Whereas on September 2010, tensions escalated in the East 

China Sea near the Senkaku (Diaoyutai) Islands, a territory under the legal administration of Japan, when a 

Chinese fishing vessel deliberately rammed Japanese 

Coast Guard patrol boats; 

Whereas on February 25, 2011, a frigate from the People’s 

Liberation Army Navy (PLAN) fired shots at three fishing boats from the Philippines; 

Whereas on March 2, 2011, the Government of the Philippines reported that two patrol boats from China attempted to ram one of its surveillance ships; 

Whereas on May 26, 2011, a maritime security vessel from 

China cut the cables of an exploration ship from Vietnam, the Binh Minh, in the South China Sea in waters 

near Cam Ranh Bay in the exclusive economic zone of 

Vietnam; 

Whereas on May 31, 2011, three Chinese military vessels 

used guns to threaten the crews of four Vietnamese fishing boats while they were fishing in the waters of the 

Spratly Islands; 
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Whereas on June 9, 2011, three vessels from China, including one fishing vessel and two maritime security vessels, 

ran into and disabled the cables of another exploration 

ship from Vietnam, the Viking 2, in the exclusive economic zone of Vietnam; 

Whereas on July 22, 2011, an Indian naval vessel, sailing 

about 45 nautical miles off the coast of Vietnam, was 

warned by a Chinese naval vessel that it was allegedly 

violating Chinese territorial waters; 

Whereas in April 2012, tensions escalated between the Philippines and China following a standoff over the Scarborough Shoal; 

Whereas in June 2012, Vietnam passed a Maritime law that 

claimed sovereignty and jurisdiction over the Paracel and 

Spratly Islands; 

Whereas in June 2012, China’s cabinet, the State Council, 

approved the establishment of the city of Sansha to oversee the areas claimed by China in the South China Sea; 

Whereas in July 2012, Chinese military authorities announced that they had established a corresponding People’s Liberation Army garrison in Sansha, in the new 

prefecture; 

Whereas on June 23, 2012, the China National Offshore Oil 

Corporation invited bids for oil exploration in areas within 200 nautical miles of the continental shelf and within 

the exclusive economic zone of Vietnam; 

Whereas in January 2013, a Chinese naval ship allegedly 

fixed its weapons-targeting radar on Japanese vessels in 

the vicinity of the Senkaku islands in the East China 

Sea, and, on April 23, 2013, eight Chinese marine surveillance ships entered the 12-nautical-mile territorial 
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zone off the Senkaku Islands, further escalating regional 

tensions; 

Whereas on May 9, 2013, a fatal shooting incident occurred 

in which shots fired from a Philippine Coast Guard patrol boat resulted in the death of a Taiwanese fisherman; 

Whereas on May 1, 2014, China’s state-owned energy company, CNOOC, anchored its deepwater drilling rig Hai 

Yang Shi You 981 (HD–981) in Vietnamese waters and 

deployed over 80 vessels, including seven military vessels, 

to support its provocative actions and attempt to change 

the status quo by force; 

Whereas Chinese vessels accompanying Hai Yang Shi You 

981 (HD–981) intimidated Vietnamese Coast Guard 

ships in violation of the Convention on the International 

Regulations for Preventing Collisions at Sea, ramming 

multiple Vietnamese vessels, and using helicopters and 

water cannons to obstruct others; 

Whereas on May 5, 2014, vessels from the Maritime Safety 

Administration of China (MSAC) established an exclusion 

zone with a radius of three nautical miles around Hai 

Yang Shi You 981 (HD–981); 

Whereas China’s actions in support of the Hai Yang Shi You 

981 (HD–981) drilling activity constitute a unilateral attempt to change the status quo by force; 

Whereas claimants have participated in land reclamation and 

building up of land features, and whereas such activities 

have raised tensions among the claimants; 

Whereas, without prior consultations with the United States, 

Japan, the Republic of Korea or other nations of the 

Asia-Pacific region, China declared an Air Defense Iden-
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tification Zone (ADIZ) over the East China Sea on November 23, 2013; 

Whereas China announced that all aircraft, even if they do 

not intend to enter the ADIZ airspace, would have to 

submit flight plans, maintain radio contact, and follow directions from the Chinese Ministry of National Defense; 

Whereas the ‘‘rules of engagement’’ declared by China, which 

at one time included the threat of ‘‘emergency defensive 

measures’’, are in violation of the concept of ‘‘due regard 

for the safety of civil aviation’’ under the Chicago Convention of the International Civil Aviation Organization 

and thereby are a departure from accepted practice; 

Whereas China’s declaration of an ADIZ over the East China 

Sea has contributed to increased uncertainty and unsafe 

conditions in the maritime region in East Asia and the 

broader Asia-Pacific region; 

Whereas freedom of navigation and other lawful uses of sea 

and airspace in the Asia-Pacific region are embodied in 

international law, not granted by certain states to others; 

Whereas the United States Government expressed profound 

concerns with China’s unilateral, provocative, dangerous, 

and destabilizing declaration of such a zone, including 

the potential for misunderstandings and miscalculations 

by aircraft operating lawfully in international airspace; 

Whereas China’s declaration of an ADIZ in the East China 

Sea will not alter how the United States Government 

conducts operations in the region or the unwavering 

United States commitment to peace, security and stability in the Asia-Pacific region; 

Whereas other governments in the Asia-Pacific region, including the Governments of Japan, Korea, Philippines, Aus-
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tralia and Indonesia have expressed deep concern about 

China’s declaration of such a zone, regarding it as an effort to unduly infringe upon the freedom of flight in 

international airspace and to change the status quo that 

could escalate tensions and potentially cause unintentional consequences in the East China Sea; 

Whereas the United States Government does not support unilateral actions taken by any claimant seeking to change 

the status quo through the use of coercion, intimidation, 

or military force; 

Whereas the United States Government is deeply concerned 

about unilateral actions taken by any state to prevent 

any other state from exercising its sovereign rights to the 

resources of the exclusive economic zone (EEZ) and continental shelf by making claims to those areas that have 

no apparent basis in international law; declarations of administrative and military districts in contested areas in 

the South and East China Seas; and the imposition of 

new fishing regulations covering disputed areas, which 

have raised tensions in the region; 

Whereas international law is important to safeguard the 

rights and freedoms of all states in the Asia-Pacific region; 

Whereas China and Vietnam have undertaken discussions to 

reduce tensions between their navies; 

Whereas in November 2014, the United States and China 

signed a non-binding memorandum of understanding 

(MOU) on ‘‘rules of behavior for safety of air and maritime encounters’’; 
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Whereas the MOU currently addresses only maritime behaviors and both sides have agreed to complete an additional 

annex on air-to-air encounters in 2015; 

Whereas the United States welcomes the agreement by Japan 

and China, in advance of their bilateral meeting in November 2014, to reduce tensions over disputed islands in 

the East China Sea and to ‘‘gradually resume political, 

diplomatic and security dialogues’’; and 

Whereas a peaceful and prosperous China, which acts as a 

responsible international stakeholder and which respects 

international laws, standards, and institutions, will enhance security and peace in the Asia-Pacific region: Now, 

therefore, be it 

Resolved, That the House of Representatives— 

(1) reaffirms the strong support of the United 

States for the peaceful resolution of maritime territorial 

disputes in the South China Sea and the East China Sea 

and pledges continued efforts to facilitate a collaborative, 

peaceful process to resolve these disputes; 

(2) reaffirms the strong support for freedom of 

navigation and over flight and condemns coercive and 

threatening actions or the use of force to impede these 

freedoms in international maritime domains and airspace 

by military or civilian vessels, to alter the status quo or 

to destabilize the Asia-Pacific region; 

(3) does not recognize the East China Sea Air Defense Identification Zone (ADIZ) declared by China, 

which is contrary to freedom of overflight in inter-
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national airspace, and calls on China to refrain from 

taking similar provocative actions elsewhere in the AsiaPacific region, including in the South China Sea; 

(4) urges the Association of Southeast Asian Nations (ASEAN), all United States allies and partners, 

and all claimants to amiably and fairly resolve these outstanding disputes, including through the conclusion of a 

Code of Conduct for the South China Sea; 

(5) urges the conclusion of the annex to the nonbinding memorandum of understanding (MOU) between 

the United States and China on ‘‘rules of behavior for 

safety of air and maritime encounters’’ addressing airto-air encounters in 2015; 

(6) supports the continuation of operations by the 

United States to support freedom of navigation in international waters and air space in the South China Sea 

and the East China Sea; and 

(7) encourages the continuation of efforts by the 

United States Government to strengthen partnerships in 

the region to build capacity for maritime domain awareness in support of freedom of navigation, maintenance of 
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peace and stability, and respect for universally recognized principles of international law. 

Attest: 

Clerk.