Taiwan Weapons Exports Act of 2022
Bill: S.4035 | Sponsor: Sen. Hawley, Josh (R-MO)
Policy area: International Affairs

Summary:
Taiwan Weapons Exports Act of 2022
This bill directs the Department of Commerce to move Taiwan from Country Group A:6 to Country Group A:5 for the purposes of the Export Administration Regulations. (Generally, this reclassification allows Taiwan to acquire certain items and weapons systems subject to export controls on an expedited basis.)

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Taiwan Weapons Exports Act of 
2022''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the United States has a strong interest, in accordance 
        with its obligations under the Taiwan Relations Act (22 U.S.C. 
        3301 et seq.), in ensuring that Taiwan has all resources 
        necessary to defend itself, especially by asymmetric ways and 
        means, against military action by the People's Republic of 
        China;
            (2) the threat of military action by the People's Republic 
        of China against Taiwan is growing more rapidly than many 
        anticipated, with the current and former commanders of the 
        United States Indo-Pacific Command testifying that the 
        Government of the People's Republic of China may view the local 
        military balance over Taiwan as favorable to an invasion well 
        before 2035 and potentially as soon as 2027;
            (3) it is imperative that the United States provide Taiwan 
        with defensive resources with urgency, not only so that Taiwan 
        can better defend itself against military action by the 
        People's Republic of China, but also to reduce the operational 
        risk to the United States Armed Forces, if the President 
        commits such forces to Taiwan's defense following the 
        initiation of hostilities by the Government of the People's 
        Republic of China;
            (4) the inclusion of Taiwan in Country Group A:5 under 
        Supplement No. 1 to part 740 of the Export Administration 
        Regulations would address the need described in paragraph (3) 
        by allowing Taiwan to acquire critical asymmetric defensive 
        capabilities on an expedited basis, including undersea sensors, 
        naval mines, man-portable air defense systems, and unmanned 
        aerial vehicles, pursuant to the strategic trade authorization 
        license exception under section 740.20 of the Export 
        Administration Regulations; and
            (5) Taiwan has been designated a major non-NATO ally under 
        section 517 of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2321k).

SEC. 3. STRATEGIC TRADE AUTHORIZATION LICENSE EXCEPTION FOR TAIWAN.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Commerce shall revise part 740 of the Export 
Administration Regulations to remove Taiwan from Country Group A:6 and 
add it to Country Group A:5.

SEC. 4. DEFINITION OF EXPORT ADMINISTRATION REGULATIONS.

    In this Act, the term ``Export Administration Regulations'' has the 
meaning given that term in section 1742 of the Export Control Reform 
Act of 2018 (50 U.S.C. 4801).
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