III 

112TH CONGRESS 

2D SESSION S. RES. 524 

Reaffirming the strong support of the United States for the 2002 declaration 

of conduct of parties in the South China Sea among the member states 

of ASEAN and the People’s Republic of China, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2012 

Mr. KERRY (for himself, Mr. LUGAR, Mr. WEBB, Mr. INHOFE, Mr. LIEBERMAN, Mr. MCCAIN, Mr. LEVIN, and Ms. COLLINS) submitted the following resolution; which was referred to the Committee on Foreign Relations 

AUGUST 2, 2012 

Committee discharged; considered and agreed to with an amended preamble 

RESOLUTION 

Reaffirming the strong support of the United States for 

the 2002 declaration of conduct of parties in the South 

China Sea among the member states of ASEAN and 

the People’s Republic of China, and for other purposes. 

Whereas the Association of Southeast Asian Nations 

(ASEAN) plays a key role in strengthening and contributing to peace, stability, and prosperity in the Asia-Pacific region; 

Whereas the vision of the ASEAN Leaders in their goals set 

out in the ASEAN Charter to integrate ASEAN economiVerDate Mar 15 2010 01:35 Aug 04, 2012 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR524.ATS SR524

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SRES 524 ATS 

cally, politically, and culturally furthers regional peace, 

stability, and prosperity; 

Whereas the United States Government recognizes the importance of a strong, cohesive, and integrated ASEAN as a 

foundation for effective regional frameworks to promote 

peace and security and economic growth and to ensure 

that the Asia-Pacific community develops according to 

rules and norms agreed upon by all of its members; 

Whereas the United States is enhancing political, security 

and economic cooperation in Southeast Asia through 

ASEAN, and seeks to continue to enhance its role in 

partnership with ASEAN and others in the region in addressing transnational issues ranging from climate 

change to maritime security; 

Whereas the United States Government welcomes the development of a peaceful and prosperous China which respects international norms, international laws, international institutions, and international rules, and enhances security and peace, and seeks to advance a ‘‘cooperative partnership’’ between the United States and 

China; 

Whereas ASEAN plays an important role, in partnership 

with others in the regional and international community, 

in addressing maritime security issues in the Asia-Pacific 

region and into the Indian Ocean, including open access 

to the maritime domain of Asia; 

Whereas the South China Sea is a vital part of the maritime 

domain of Asia, including critical sea lanes of communication and commerce between the Pacific and Indian 

oceans; 


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SRES 524 ATS 

Whereas in the declaration on the conduct of parties in the 

South China Sea, the governments of the member states 

of ASEAN and the Government of the People’s Republic 

of China have affirmed ‘‘that the adoption of a code of 

conduct in the South China Sea would further promote 

peace and stability in the region’’ and have agreed to 

work towards the attainment of a code of conduct; 

Whereas pending the peaceful settlement of territorial and jurisdictional disputes, the member states of ASEAN and 

the People’s Republic of China have committed to ‘‘exercise self-restraint in the conduct of activities that would 

complicate or escalate disputes and stability, including, 

among others, refraining from action of inhabiting presently uninhabited islands, reefs, shoals, and other features and to handle their differences in a constructive 

manner’’; 

Whereas pending the peaceful settlement of territorial and jurisdictional disputes, the member states of ASEAN and 

the People’s Republic of China affirmed their commitment ‘‘to the freedom of navigation in and overflight of 

the South China Sea provided for by the universally recognized principles of international law, including the 

1982 UN Convention on the Law of the Sea’’; 

Whereas although not a party to these disputes, the United 

States has national interests in freedom of navigation, 

the maintenance of peace and stability, respect for international law, and unimpeded lawful commerce; 

Whereas the Government of the People’s Republic of China 

has recently taken unilateral steps to declare the Paracel 

and Spratly Islands, and their adjacent waters to be a 

prefectural-level city, and has identified government leaders to assert administrative control over 200 islets, sandVerDate Mar 15 2010 01:35 Aug 04, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\SR524.ATS SR524

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SRES 524 ATS 

banks, and reefs and 2,000,000 square kilometers of 

water; 

Whereas the Central Military Commission in China also announced the deployment of a garrison of soldiers to this 

area; and 

Whereas these steps are contrary to agreed upon principles 

with regard to resolving disputes and impede a peaceful 

resolution of the sovereignty disputes in the South China 

Sea: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) reaffirms the strong support of the United 

3 States for the 2002 declaration of conduct of parties 

4 in the South China Sea among the member states of 

5 ASEAN and the People’s Republic of China; 

6 (2) supports the member states of ASEAN, and 

7 the Government of the People’s Republic of China, 

8 as they seek to adopt a legally binding code of con9 duct of parties in the South China Sea, and urges 

10 all countries to substantively support ASEAN in its 

11 efforts in this regard; 

12 (3) strongly urges that, pending adoption of a 

13 code of conduct, all parties, consistent with commit14 ments under the declaration of conduct, ‘‘exercise 

15 self-restraint in the conduct of activities that would 

16 complicate or escalate disputes and stability, includ17 ing, among others, refraining from action of inhab18 iting presently uninhabited islands, reefs, shoals and 


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SRES 524 ATS 

1 other features and to handle their differences in a 

2 constructive manner’’; 

3 (4) supports a collaborative diplomatic process 

4 by all claimants for resolving outstanding territorial 

5 and jurisdictional disputes, allowing parties to peace6 fully settle claims and disputes using international 

7 law; 

8 (5) reaffirms the United States commitment— 

9 (A) to assist the nations of Southeast Asia 

10 to remain strong and independent; 

11 (B) to help ensure each nation enjoys 

12 peace and stability; 

13 (C) to broaden and deepen economic, polit14 ical, diplomatic, security, social, and cultural 

15 partnership with ASEAN and its member 

16 states; and 

17 (D) to promote the institutions of emerg18 ing regional architecture and prosperity; and 

19 (6) supports enhanced operations by the United 

20 States armed forces in the Western Pacific, includ21 ing in the South China Sea, including in partnership 

22 with the armed forces of others countries in the re23 gion, in support of freedom of navigation, the main24 tenance of peace and stability, respect for inter25 national law, including the peaceful resolution of 


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SRES 524 ATS 

1 issues of sovereignty, and unimpeded lawful com2 merce. 

Æ 


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