II 

117TH CONGRESS 

2D SESSION S. 4035 

To require the placement of Taiwan in Country Group A:5 for purposes 

of the strategic trade authorization license exception under the Export 

Administration Regulations. 

IN THE SENATE OF THE UNITED STATES 

APRIL 7, 2022 

Mr. HAWLEY introduced the following bill; which was read twice and referred 

to the Committee on Foreign Relations 

A BILL 

To require the placement of Taiwan in Country Group A:5 

for purposes of the strategic trade authorization license 

exception under the Export Administration Regulations. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Taiwan Weapons Ex5 ports Act of 2022’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 

8 (1) the United States has a strong interest, in 

9 accordance with its obligations under the Taiwan 


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•S 4035 IS

1 Relations Act (22 U.S.C. 3301 et seq.), in ensuring 

2 that Taiwan has all resources necessary to defend 

3 itself, especially by asymmetric ways and means, 

4 against military action by the People’s Republic of 

5 China; 

6 (2) the threat of military action by the People’s 

7 Republic of China against Taiwan is growing more 

8 rapidly than many anticipated, with the current and 

9 former commanders of the United States Indo-Pa10 cific Command testifying that the Government of the 

11 People’s Republic of China may view the local mili12 tary balance over Taiwan as favorable to an invasion 

13 well before 2035 and potentially as soon as 2027; 

14 (3) it is imperative that the United States pro15 vide Taiwan with defensive resources with urgency, 

16 not only so that Taiwan can better defend itself 

17 against military action by the People’s Republic of 

18 China, but also to reduce the operational risk to the 

19 United States Armed Forces, if the President com20 mits such forces to Taiwan’s defense following the 

21 initiation of hostilities by the Government of the 

22 People’s Republic of China; 

23 (4) the inclusion of Taiwan in Country Group 

24 A:5 under Supplement No. 1 to part 740 of the Ex25 port Administration Regulations would address the 


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•S 4035 IS

1 need described in paragraph (3) by allowing Taiwan 

2 to acquire critical asymmetric defensive capabilities 

3 on an expedited basis, including undersea sensors, 

4 naval mines, man-portable air defense systems, and 

5 unmanned aerial vehicles, pursuant to the strategic 

6 trade authorization license exception under section 

7 740.20 of the Export Administration Regulations; 

8 and 

9 (5) Taiwan has been designated a major non10 NATO ally under section 517 of the Foreign Assist11 ance Act of 1961 (22 U.S.C. 2321k). 

12 SEC. 3. STRATEGIC TRADE AUTHORIZATION LICENSE EX13 CEPTION FOR TAIWAN. 

14 Not later than 90 days after the date of the enact15 ment of this Act, the Secretary of Commerce shall revise 

16 part 740 of the Export Administration Regulations to re17 move Taiwan from Country Group A:6 and add it to 

18 Country Group A:5. 

19 SEC. 4. DEFINITION OF EXPORT ADMINISTRATION REGULA20 TIONS. 

21 In this Act, the term ‘‘Export Administration Regula22 tions’’ has the meaning given that term in section 1742 

23 of the Export Control Reform Act of 2018 (50 U.S.C. 

24 4801). 

Æ 


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