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22 U.S.C. § 3302 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3302. Implementation of United States policy with regard to Taiwan
(a) Defense articles and services
In furtherance of the policy set forth in section 3301 of this title, the United States will make available to Taiwan such defense articles and defense services in such quantity as may be necessary to enable Taiwan to maintain a sufficient self-defense capability.
(b) Determination of Taiwan’s defense needs
The President and the Congress shall determine the nature and quantity of such defense articles and services based solely upon their judgment of the needs of Taiwan, in accordance with procedures established by law. Such determination of Taiwan’s defense needs shall include review by United States military authorities in connection with recommendations to the President and the Congress.
(c) United States response to threats to Taiwan or dangers to United States interests
The President is directed to inform the Congress promptly of any threat to the security or the social or economic system of the people on Taiwan and any danger to the interests of the United States arising therefrom. The President and the Congress shall determine, in accordance with constitutional processes, appropriate action by the United States in response to any such danger.
(Pub. L. 96–8, § 3, Apr. 10, 1979, 93 Stat. 15.)
heading: Effective Date
text: Section effective as of January 1, 1979, see section 18 of Pub. L. 96–8, set out as a note under section 3301 of this title.
heading: Consultation With Congress With Regard to Taiwan
text: Pub. L. 107–228, div. B, title XII, § 1263, Sept. 30, 2002, 116 Stat. 1434, provided that: “Beginning 180 days after the date of enactment of this Act [Sept. 30, 2002], and every 180 days thereafter, the President shall provide detailed briefings to and consult with the appropriate congressional committees regarding the United States security assistance to Taiwan, including the provision of defense articles and defense services.”
[For definitions of “appropriate congressional committees”, “defense article”, and “defense service” as used in section 1263 of Pub. L. 107–228, set out above, see section 3 of Pub. L. 107–228, set out as a note under section 2651 of this title and section 1002 of Pub. L. 107–228, set out as a note under section 2151 of this title.]
heading: Transfer of War Reserve Materiel and Other Property to Taiwan
text: Pub. L. 96–92, § 23, Oct. 29, 1979, 93 Stat. 710, authorized President, during calendar year 1980, to transfer to Taiwan, under such terms and conditions as he may deem appropriate, United States war reserve materiel that was located on Taiwan on Jan. 1, 1979, and during calendar years 1979 and 1980, to transfer to Taiwan, under such terms and conditions as he may deem appropriate, rights of the United States in property (other than war reserve materiel) that was located on Taiwan on Jan. 1, 1979.
22 U.S.C. § 3304 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3304. Overseas Private Investment Corporation
(a) Removal of per capita income restriction on Corporation activities with respect to investment projects on Taiwan
During the three-year period beginning on April 10, 1979, the $1,000 per capita income restriction in clause (2) of the second undesignated paragraph of section 2191 of this title shall not restrict the activities of the Overseas Private Investment Corporation in determining whether to provide any insurance, reinsurance, loans, or guaranties with respect to investment projects on Taiwan.
(b) Application by Corporation of other criteria
Except as provided in subsection (a) of this section, in issuing insurance, reinsurance, loans, or guaranties with respect to investment proj­ects on Taiwan, the Overseas Private Insurance 1 Corporation shall apply the same criteria as those applicable in other parts of the world.
(Pub. L. 96–8, § 5, Apr. 10, 1979, 93 Stat. 16.)
heading: Effective Date
text: Section effective as of January 1, 1979, see section 18 of Pub. L. 96–8, set out as a note under section 3301 of this title.
22 U.S.C. § 3305 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3305. The American Institute in Taiwan
(a) Conduct of programs, transactions, or other relations with respect to Taiwan
Programs, transactions, and other relations conducted or carried out by the President or any agency of the United States Government with respect to Taiwan shall, in the manner and to the extent directed by the President, be conducted and carried out by or through—
(1) The American Institute in Taiwan, a nonprofit corporation incorporated under the laws of the District of Columbia, or
(2) such comparable successor nongovernmental entity as the President may designate,
(hereafter in this chapter referred to as the “Institute”).
(b) Agreements or transactions relative to Taiwan entered into, performed, and enforced
Whenever the President or any agency of the United States Government is authorized or required by or pursuant to the laws of the United States to enter into, perform, enforce, or have in force an agreement or transaction relative to Taiwan, such agreement or transaction shall be entered into, performed, and enforced, in the manner and to the extent directed by the President, by or through the Institute.
(c) Preemption of laws, rules, regulations, or ordi­nances of District of Columbia, States, or political subdivisions of States
To the extent that any law, rule, regulation, or ordinance of the District of Columbia, or of any State or political subdivision thereof in which the Institute is incorporated or doing business, impedes or otherwise interferes with the performance of the functions of the Institute pursuant to this chapter, such law, rule, regulation, or ordinance shall be deemed to be preempted by this chapter.
(Pub. L. 96–8, § 6, Apr. 10, 1979, 93 Stat. 17.)
heading: Effective Date
text: Section effective as of January 1, 1979, see section 18 of Pub. L. 96–8, set out as a note under section 3301 of this title.
22 U.S.C. § 3306 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3306. Services to United States citizens on Taiwan
(a) Authorized services
The Institute may authorize any of its employees on Taiwan—
(1) to administer to or take from any person an oath, affirmation, affidavit, or deposition, and to perform any notarial act which any notary public is required or authorized by law to perform within the United States;
(2) To 1 act as provisional conservator of the personal estates of deceased United States citizens; and
(3) to assist and protect the interests of United States persons by performing other acts such as are authorized to be performed outside the United States for consular purposes by such laws of the United States as the President may specify.
(b) Acts by authorized employees
Acts performed by authorized employees of the Institute under this section shall be valid, and of like force and effect within the United States, as if performed by any other person authorized under the laws of the United States to perform such acts.
(Pub. L. 96–8, § 7, Apr. 10, 1979, 93 Stat. 17.)
heading: Effective Date
text: Section effective as of January 1, 1979, see section 18 of Pub. L. 96–8, set out as a note under section 3301 of this title.
22 U.S.C. § 3307 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3307. Exemption from taxation
(a) United States, State, or local taxes
The Institute, its property, and its income are exempt from all taxation now or hereafter imposed by the United States (except to the extent that section 3310(a)(3) of this title requires the imposition of taxes imposed under chapter 21 of title 26, relating to the Federal Insurance Contributions Act) or by any State or local taxing authority of the United States.
(b) Charitable contributions; transfers for public, charitable, and religious uses; charitable and similar gifts
For purposes of title 26, the Institute shall be treated as an organization described in sections 170(b)(1)(A), 170(c), 2055(a), 2106(a)(2)(A), 2522(a), and 2522(b) of title 26.
(Pub. L. 96–8, § 8, Apr. 10, 1979, 93 Stat. 17; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)
heading: References in Text
text: The Federal Insurance Contributions Act, referred to in subsec. (a), is act Aug. 16, 1954, ch. 736, §§ 3101, 3102, 3111, 3112, 3121 to 3128, 68A Stat. 415, as amended, which is classified generally to chapter 21 (§ 3101 et seq.) of Title 26, Internal Revenue Code. For complete classification of this Act to the Code, see section 3128 of Title 26 and Tables.
heading: Amendments
text: 1986—Pub. L. 99–514 substituted in subsecs. (a) and (b) “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
heading: Effective Date
text: Section effective as of January 1, 1979, see section 18 of Pub. L. 96–8, set out as a note under section 3301 of this title.
22 U.S.C. § 3308 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3308. Activities of United States Government agencies
(a) Sale, loans, or lease of property; administrative and technical support functions and services
Any agency of the United States Government is authorized to sell, loan, or lease property (including interests therein) to, and to perform administrative and technical support functions and services for the operations of, the Institute upon such terms and conditions as the President may direct. Reimbursements to agencies under this subsection shall be credited to the current applicable appropriation of the agency concerned.
(b) Acquisition and acceptance of services
Any agency of the United States Government is authorized to acquire and accept services from the Institute upon such terms and conditions as the President may direct. Whenever the President determines it to be in furtherance of the purposes of this chapter, the procurement of services by such agencies from the Institute may be effected without regard to such laws of the United States normally applicable to the acquisition of services by such agencies as the President may specify by Executive order.
(c) Institute books and records; access; audit
Any agency of the United States Government making funds available to the Institute in accordance with this chapter shall make arrangements with the Institute for the Comptroller General of the United States to have access to the books and records of the Institute and the opportunity to audit the operations of the Institute.
(Pub. L. 96–8, § 9, Apr. 10, 1979, 93 Stat. 18.)
heading: Effective Date
text: Section effective as of January 1, 1979, see section 18 of Pub. L. 96–8, set out as a note under section 3301 of this title.
22 U.S.C. § 3309 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3309. Taiwan instrumentality
(a) Establishment of instrumentality; Presidential determination of necessary authority
Whenever the President or any agency of the United States Government is authorized or required by or pursuant to the laws of the United States to render or provide to or to receive or accept from Taiwan, any performance, communication, assurance, undertaking, or other action, such action shall, in the manner and to the extent directed by the President, be rendered or provided to, or received or accepted from, an instrumentality established by Taiwan which the President determines has the necessary authority under the laws applied by the people on Taiwan to provide assurances and take other actions on behalf of Taiwan in accordance with this chapter.
(b) Offices and personnel
The President is requested to extend to the instrumentality established by Taiwan the same number of offices and complement of personnel as were previously operated in the United States by the governing authorities on Taiwan recognized as the Republic of China prior to January 1, 1979.
(c) Privileges and immunities
Upon the granting by Taiwan of comparable privileges and immunities with respect to the Institute and its appropriate personnel, the President is authorized to extend with respect to the Taiwan instrumentality and its appropriate personnel, such privileges and immunities (subject to appropriate conditions and obligations) as may be necessary for the effective performance of their functions.
(Pub. L. 96–8, § 10, Apr. 10, 1979, 93 Stat. 18.)
heading: Effective Date
text: Section effective as of January 1, 1979, see section 18 of Pub. L. 96–8, set out as a note under section 3301 of this title.
22 U.S.C. § 3311 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3311. Reporting requirements
(a) Texts of agreements to be transmitted to Congress; secret agreements to be transmitted to Senate Foreign Relations Committee and House Foreign Affairs Committee
The Secretary of State shall transmit to the Congress the text of any agreement to which the Institute is a party. However, any such agreement the immediate public disclosure of which would, in the opinion of the President, be prejudicial to the national security of the United States shall not be so transmitted to the Congress but shall be transmitted to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives under an appropriate injunction of secrecy to be removed only upon due notice from the President.
(b) Agreements
For purposes of subsection (a), the term “agreement” includes—
(1) any agreement entered into between the Institute and the governing authorities on Taiwan or the instrumentality established by Taiwan; and
(2) any agreement entered into between the Institute and an agency of the United States Government.
(c) Congressional notification, review, and approval requirements and procedures
Agreements and transactions made or to be made by or through the Institute shall be subject to the same congressional notification, review, and approval requirements and procedures as if such agreements and transactions were made by or through the agency of the United States Government on behalf of which the Institute is acting.
(Pub. L. 96–8, § 12, Apr. 10, 1979, 93 Stat. 20; Pub. L. 98–164, title X, § 1011(a)(3), Nov. 22, 1983, 97 Stat. 1061.)
heading: Amendments
text: 1983—Subsec. (d). Pub. L. 98–164 struck out subsec. (d) which required the Secretary of State to make semi-annual reports respecting economic relations between the United States and Taiwan.
heading: Effective Date
text: Section effective as of January 1, 1979, see section 18 of Pub. L. 96–8, set out as a note under section 3301 of this title.
22 U.S.C. § 3312 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3312. Rules and regulations
The President is authorized to prescribe such rules and regulations as he may deem appropriate to carry out the purposes of this chapter. During the three-year period beginning on January 1, 1979, such rules and regulations shall be transmitted promptly to the Speaker of the House of Representatives and to the Committee on Foreign Relations of the Senate. Such action shall not, however, relieve the Institute of the responsibilities placed upon it by this chapter.
(Pub. L. 96–8, § 13, Apr. 10, 1979, 93 Stat. 20.)
heading: Effective Date
text: Section effective as of January 1, 1979, see section 18 of Pub. L. 96–8, set out as a note under section 3301 of this title.
22 U.S.C. § 3313 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3313. Congressional oversight
(a) Monitoring activities of Senate Foreign Relations Committee, House Foreign Affairs Committee, and other Congressional committees
The Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, and other appropriate committees of the Congress shall monitor—
(1) the implementation of the provisions of this chapter;
(2) the operation and procedures of the Institute;
(3) the legal and technical aspects of the continuing relationship between the United States and Taiwan; and
(4) the implementation of the policies of the United States concerning security and cooperation in East Asia.
(b) Committee reports to their respective Houses
Such committees shall report, as appropriate, to their respective Houses on the results of their monitoring.
(Pub. L. 96–8, § 14, Apr. 10, 1979, 93 Stat. 20.)
heading: Effective Date
text: Section effective as of January 1, 1979, see section 18 of Pub. L. 96–8, set out as a note under section 3301 of this title.
22 U.S.C. § 3314 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3314. Definitions
For purposes of this chapter—
(1) the term “laws of the United States” includes any statute, rule, regulation, ordinance, order, or judicial rule of decision of the United States or any political subdivision thereof; and
(2) the term “Taiwan” includes, as the context may require, the islands of Taiwan and the Pescadores, the people on those islands, corporations and other entities and associations created or organized under the laws applied on those islands, and the governing authorities on Taiwan recognized by the United States as the Republic of China prior to January 1, 1979, and any successor governing authorities (including political subdivisions, agencies, and instrumentalities thereof).
(Pub. L. 96–8, § 15, Apr. 10, 1979, 93 Stat. 20.)
heading: Effective Date
text: Section effective as of January 1, 1979, see section 18 of Pub. L. 96–8, set out as a note under section 3301 of this title.
22 U.S.C. § 3315 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3315. Authorization of appropriations
In addition to funds otherwise available to carry out the provisions of this chapter, there are authorized to be appropriated to the Secretary of State for the fiscal year 1980 such funds as may be necessary to carry out such provisions. Such funds are authorized to remain available until expended.
(Pub. L. 96–8, § 16, Apr. 10, 1979, 93 Stat. 21.)
heading: Effective Date
text: Section effective as of January 1, 1979, see section 18 of Pub. L. 96–8, set out as a note under section 3301 of this title.
22 U.S.C. § 3316 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3316. Severability
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to any other person or circumstance shall not be affected thereby.
(Pub. L. 96–8, § 17, Apr. 10, 1979, 93 Stat. 21.)
heading: Effective Date
text: Section effective as of January 1, 1979, see section 18 of Pub. L. 96–8, set out as a note under section 3301 of this title.
22 U.S.C. § 3501 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3501. Congressional statement of policy
As declared by Congress in the Foreign Assistant 1 Act of 1961 [22 U.S.C. 2151 et seq.], a principal objective of the foreign policy of the United States is the encouragement and sustained support of the people of developing countries in their efforts to acquire the knowledge and resources essential to development and to build the economic, political, and social institutions which will improve the quality of their lives. The Congress reaffirms the profound humanitarian and foreign policy concerns of the United States in the economic and social progress of the developing countries and in the alleviation of the worst physical manifestations of poverty in these countries.
In furtherance of that objective, the Congress recognizes that developing countries require extensive scientific and technological capacity in order to deal effectively with their development problems, relate to the industrialized nations, and constructively participate in the shaping of a stable world order.
It is therefore in the mutual interest of the United States and the developing countries to increase scientific and technological cooperation and jointly to support long-term research on critical problems that impede development and limit the efficient use of the world’s human, natural, and capital resources.
(Pub. L. 96–53, title IV, § 401, Aug. 14, 1979, 93 Stat. 371.)
heading: References in Text
text: The Foreign Assistance Act of 1961, referred to in text, is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, as amended, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
heading: Effective Date
text: Section effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as an Effective Date of 1979 Amendment note under section 2151 of this title.
22 U.S.C. § 3502 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3502. Purposes and establishment; policy guidelines and objectives
(a) To strengthen the capacity of the people of developing countries to solve their development problems through scientific and technological innovation, to foster research on problems of development, and to facilitate scientific and technological cooperation with developing countries, the President is authorized to establish an Institute for Scientific and Technological Cooperation (hereafter in this chapter referred to as the “Institute”), which shall be subject to the foreign policy guidance of the Secretary of State.
(b) The Institute shall be guided by the policies set forth in sections 2151 and 2151–1 of this title and shall direct a substantial share of its resources to those objectives.
(Pub. L. 96–53, title IV, § 402, Aug. 14, 1979, 93 Stat. 372.)
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this title”, meaning title IV of Pub. L. 96–53, Aug. 14, 1979, 93 Stat. 371, which is classified principally to this chapter. For complete classification of title IV to the Code, see Tables.
heading: Effective Date
text: Section effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as an Effective Date of 1979 Amendment note under section 2151 of this title.