,i #aagth ,,congress #b;d ,session ,h4 ,r4 #igjj ,,in ,,the ,,house ,,of ,,representatives ,december #cj1 #bjbb,mr4 ,chabot introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs ,a ,,bill ,to clarify the legal basis for the position of the ,united ,states on sovereignty over ,taiwan and distinguish such position from the ,people's ,republic of ,china's one ,china principle1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,taiwan ,status ,diplomacy ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,taiwan's indigenous peoples have inhabited the island for over #f1jjj years1 with various political entities exercising control over parts of it until colonial powers conquered increasingly large swaths of the island by force1 beginning in the #agth century4 7#b7 ,dutch ,formosa 7#afcf-affb7 in southern ,taiwan and ,spanish ,formosa 7#afbf-afdb7 in northern ,taiwan were the first colonial endeavors that exercised control over some parts of the island4 7#c7 ,in #affb1 ,ming loyalist general ,zheng ,chenggong 7,koxinga7 ended ,dutch control in ,taiwan1 and his independent ,kingdom of ,tungning ruled parts of the island until it was conquered by the ,manchu ,qing ,empire in #afhc4 7#d7 ,qing rule in western ,taiwan was undeniably colonial and ,taiwan was not considered a traditional province of ,china1 becoming a province of the ,qing ,empire for merely #aj years beginning in #ahhe1 and lasting until #ahie4 7#e7 ,on ,april #ag1 #ahie1 the ,manchu ,qing ,empire signed the ,treaty of ,shimonoseki with the ,japanese ,empire and agree to cede to ,japan in perpetuity and full sovereignty ''' the island of ,formosa1 together with all islands appertaining or belonging to the said island of ,formosa ''' and the ,pescadores ,group4 7#f7 ,no colonial power can claim historical rights to sovereignty over ,taiwan as several colonial powers have successively administered the island from the #agth through the #bjth century4 7#g7 ,during the #aibjs and #aicjs1 ,chinese geographers and political figures generally considered ,taiwan to be outside of ,china's national territory1 as is evidenced by the ,chinese ,communist ,party's declaration of war against ,japan in ,december #aida1 which listed the people of ,taiwan separately from the ,chinese4 7#h7 ,on ,july #af1 #aicf1 in an interview with ,american journalist ,edgar ,snow1 ,mao ,zedong stated1 it is the immediate task of ,china to regain all our lost territories1 not merely to defend our sovereignty below the ,great ,wall4 ,this means that ,manchuria must be regained4 ,we do not1 however1 include ,korea1 formerly a ,chinese colony1 but when we have re-established the independence of the lost territories of ,china1 and if the ,koreans wish to break away from the chains of ,japanese imperialism1 we will extend them our enthusiastic help in their struggle for independence4 ,the same thing applies to ,formosa4 7#i7 ,the ,cairo and ,potsdam ,declarations are legally nonbinding statements of intent regarding postwar control over ,taiwan by the ,republic of ,china 7,,roc71 that do not make any transfer of sovereignty over ,taiwan4 7#aj7 ,on ,august #ag1 #aide1 ,supreme ,commander for the ,allied ,powers1 ,general ,douglas ,mac,arthur1 issued ,general ,order ,no4 #a1 listing the island of ,formosa as a separate entity from ,china4 7#aa7 ,on ,june #bg1 #aiej1 ,president ,harry ,truman declared that the occupation of ,formosa by ,communist forces would be a direct threat to the security of the ,pacific area and to ,united ,states forces performing their lawful and necessary functions in that area and added1 the determination of the future status of ,formosa must await the restoration of security in the ,pacific1 a peace settlement with ,japan1 or consideration by the ,united ,nations4 7#ab7 ,the ,treaty of ,peace with ,japan done in ,san ,francisco1 ,california1 on ,september #h1 #aiea1 and signed by ,japan along with #dh nations1 remains the only legally binding agreement on ,taiwan's territorial disposition in force today and states that ,japan renounces all right1 title1 and claim to ,formosa and the ,pescadores1 but did not transfer sovereignty to any other party or country4 7#ac7 ,the ,treaty of ,peace between the ,,roc and ,japan1 done at ,taipei1 ,taiwan1 on ,april #bh1 #aieb1 recognizes ,japan's renunciation of its claims to ,taiwan1 but does not transfer sovereignty over the island to the ,,roc4 7#ad7 ,on ,february #c1 #aifa1 the ,state ,department's ,legal ,adviser for ,far ,eastern ,affairs1 ,john ,j4 ,czyzak1 produced a legal memo which states1 the most tenable theory regarding the status of ,formosa and the ,pescadores is that sovereignty over the islands has not yet been finally determined ''' ,because of differences among the ,allied ,powers as to who represented ,china1 no agreement on the disposition of ,formosa and the ,pescadores could be reached in the ,japanese ,peace ,treaty4 ,that the ,san ,francisco ,peace ,treaty was intended to divest ,japan of its sovereignty over the islands without transferring that sovereignty to any other country is abundantly clear from the record4 ,there does not appear to have occurred anything subsequent to the ,peace ,treaty which can be said to have effected a transfer of that sovereignty4 7#ae7 ,the ,people's ,republic of ,china 7,,prc7 claims sovereignty over ,taiwan as flowing from its sovereignty over ,china and ,,prc officials routinely state the ,,prc's one ,china principle as1 ,there is only one ,china in the world4 ,the ,government of the ,people's ,republic of ,china is the sole legal government representing the whole of ,china1 and ,taiwan is an inalienable part of ,china's territory4 7#af7 ,as the ,,prc has grown increasingly confident1 it has increasingly sought to actively assert its one ,china principle over any other position on ,taiwan's legal status1 including over the position of the ,united ,states1 by waging a global campaign to persuade or force governments1 international organizations1 private corporations1 and individuals to refer to ,taiwan as a part of ,china4 7#ag7 ,since the ,,prc won the ,chinese civil war1 it has sought to delegalize ,taiwan and isolate it from participation in the international community and international organizations4 7#ah7 ,united ,nations ,general ,assembly ,resolution #bgeh 7#aiga7 recognized the ,,prc as the rightful ,government of ,china without defining its geographical boundaries or making mention of ,taiwan under any name4 ,however1 due to ,,prc influence efforts1 the ,united ,nations has routinely and erroneously interpreted the resolution by referring to ,taiwan as ,taiwan1 ,province of ,china1 presuming resolution of ,taiwan's status4 7#ai7 ,taiwan has transitioned into a fully functioning democracy since #aiif1 when the island held its first direct ,presidential election4 7#bj7 ,in contrast1 the ,chinese ,communist ,party has prevented the people of the ,,prc from developing a representative democracy4 7#ba7 ,an overwhelming majority of the people of ,taiwan favor the status quo in the ,taiwan ,strait1 in which ,taiwan is not part of the ,,prc4 7#bb7 ,in the #c ,communiqus with the ,,prc issued in #aigb1 #aigi1 and #aihb1 the ,united ,states withheld recognition of the ,,prc's territorial claims on ,taiwan merely acknowledging1 without affirming1 the ,chinese position that there is one ,china and ,taiwan is part of ,china's territory4 7#bc7 ,a ,state ,department memorandum titled ,international ,documents of a ,non-,binding ,character references the ,shanghai ,communiqu 7#aigb7 as a statement of policy1 not an international legally binding commitment4 7#bd7 ,on ,january #a1 #aigi1 the ,united ,states recognized the ,people's ,republic of ,china as the legitimate ,government of ,china while leaving the country's territory undefined4 7#be7 ,on ,april #aj1 #aigi1 the ,taiwan ,relations ,act 7,public ,law #if-h7 was enacted into law and established the policy of the ,united ,states to-- 7,a7 preserve and promote extensive1 close1 and friendly commercial1 cultural1 and other relations between the people of the ,united ,states and the people on ,taiwan1 as well as the people on the ,china mainland and all other peoples of the ,western ,pacific area2 7,b7 declare that peace and stability in the area are in the political1 security1 and economic interests of the ,united ,states1 and are matters of international concern2 7,c7 make clear that the ,united ,states decision to establish diplomatic relations with the ,people's ,republic of ,china rests upon the expectation that the future of ,taiwan will be determined by peaceful means2 7,d7 consider any effort to determine the future of ,taiwan by other than peaceful means1 including by boycotts or embargoes1 a threat to the peace and security of the ,western ,pacific area and of grave concern to the ,united ,states2 7,e7 provide ,taiwan with arms of a defensive character2 and 7,f7 maintain the capacity of the ,united ,states to resist any resort to force or other forms of coercion that would jeopardize the security1 or the social or economic system1 of the people on ,taiwan4 7#bf7 ,on ,july #ad1 #aihb1 ,president ,ronald ,reagan instructed his representative in ,taiwan1 ,american ,institute in ,taiwan ,director ,james ,r4 ,lilley1 to relay a set of assurances1 which have become known as the ,six ,assurances1 to ,taiwan's then-,president ,chiang ,ching-kuo including the assurance that the ,united ,states has not altered its position regarding sovereignty over ,taiwan4 7#bg7 ,in #bjaf1 the ,house of ,representatives and the ,senate passed ,h4 ,con4 ,res4 #hh and ,s4 ,con4 ,res4 #ch1 respectively1 which reaffirm the ,taiwan ,relations ,act and the ,six ,assurances as cornerstones of the ,united ,states-,taiwan relations4 7#bh7 ,on authority of the ,president and without codified endorsement from ,congress1 the ,united ,states maintains a policy regarding the status of ,taiwan1 that is called its one ,china policy1 under which the ,united ,states recognizes the ,people's ,republic of ,china as the ,government of ,china and under which the ,united ,states takes the position that ,taiwan's legal status has not been determined and takes no position on the future status of ,taiwan4 7#bi7 ,the one ,china policy of the ,united ,states is not the ,,prc's one ,china principle4 7#cj7 ,the one ,china policy of the ,united ,states was originally developed in a ,cold ,war context as an expedient to serve ,cold ,war purposes and has not been updated to reflect changing conditions1 the clear trend of history toward increasing democracy especially after the fall of the ,soviet ,union1 or the democratic development of ,taiwan's polity4 7#ca7 ,the ,,prc's one ,china principle does not reflect the objective state of affairs that the ,government of ,taiwan represents a self-governing democracy of #bc1fjj1jjj people4 7#cb7 ,unlike other colonies held by imperial powers1 and against the clear historical trend to grant colonies independence1 the universal right to self-determination of the people of ,taiwan have not been broadly considered by the international community4 7#cc7 ,neither the ,,prc's one ,china principle nor the one ,china policy of the ,united ,states reflect the objective state of affairs that the ,government of ,taiwan has attained a high degree of legitimacy and administers the territory under its control in the manner of a sovereign state and with the attributes of sovereignty such as exclusive legal jurisdiction1 the printing of currency1 the maintenance of armed forces1 customs administration1 and the conduct of foreign policy4 7#cd7 ,the ,united ,states is a party to the ,convention on the ,rights and ,duties of ,states done at ,montevideo1 ,uruguay1 on ,december #bf1 #aicc1 and ,taiwan meets all #d criteria of statehood laid down therein1 namely a permanent population1 a defined territory1 a government1 and the capacity to enter into relations with other states4 #c4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 while the ,,prc claims sovereignty over ,taiwan1 the one ,china policy of the ,united ,states does not recognize that ,taiwan is part of ,china2 7#b7 persistent concerns regarding the impact on ,united ,states-,china relations have prevented the ,united ,states from engaging in meaningful outreach to partners and allies with respect to the legal status of ,taiwan1 allowing the ,chinese ,communist ,party to monopolize the information space and push its baseless one ,china principle2 7#c7 the effectiveness of the ,chinese ,communist ,party's information campaigns regarding sovereignty over ,taiwan jeopardizes peace and stability in the ,taiwan ,strait by preparing the information environment for the use of military force to annex ,taiwan to the ,,prc2 7#d7 the position of the ,united ,states on the legal status of sovereignty over ,taiwan is often presented in a manner so nuanced as to be confusing in public discourse and prohibitive toward explaining the interests of the ,united ,states in ,taiwan's continued peaceful evolution2 and 7#e7 officials of the ,united ,states should seek to distinguish the one ,china policy from the ,,prc's one ,china principle4 #d4 ,policy ,it is the policy of the ,united ,states to-- 7#a7 make clear through public and private diplomacy the legal case for its position on ,taiwan's status2 7#b7 call on the ,,prc ,government to refrain from erroneously conflating the one ,china policy of the ,united ,states with its one ,china principle in public messaging2 and 7#c7 call on the ,united ,nations to accurately interpret ,united ,nations ,general ,assembly ,resolution #bgeh and not erroneously infer resolution of ,taiwan's status4 #e4 ,legal opinion regarding ,taiwan's status 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,state shall issue a legal opinion detailing the reasoning supporting the position of the ,united ,states regarding the international status of sovereignty over ,taiwan and its nonrecognition of the ,,prc's territorial claim over ,taiwan4 7b7 ,summary ,in addition to the legal opinion described in subsection 7a71 the ,secretary shall issue a memorandum that summarizes such opinion in not more than #a1bjj words4 7c7 ,consultation ,before issuing the legal opinion described in subsection 7a71 the ,secretary of ,state shall consult with the ,house ,committee on ,foreign ,affairs and the ,senate ,committee on ,foreign ,relations on its contents4 7d7 ,publication ,the documents listed in subsections 7a7 and 7b7 shall be published on a publicly available1 ,department of ,state internet website4 #f4 ,diplomacy regarding ,taiwan's status 7a7 ,in general ,the ,secretary of ,state1 acting through subordinate officers as appropriate1 shall conduct diplomatic efforts to inform and persuade countries of the legal reasoning supporting the position of the ,united ,states regarding-- 7#a7 ,taiwan's status2 7#b7 the nonrecognition of the ,,prc's territorial claim over ,taiwan2 7#c7 where appropriate1 the ,,prc's use of ethnonationalism to justify its claims to ,taiwan2 and 7#d7 the meaning and history of ,united ,nations ,general ,assembly ,resolution #bgeh and its subordinate resolutions throughout the system of the ,united ,nations and the ,,prc's efforts to distort such meaning and history4 7b7 ,report 7#a7 ,in general ,not later than one year after the date of enactment of this ,act1 the ,secretary of ,state shall submit to the appropriate congressional committees a report describing the diplomatic efforts carried out pursuant to subsection 7a74 7#b7 ,elements ,the report required by paragraph 7#a7 shall include the following3 7,a7 ,a description of the lines of effort used to conduct the diplomatic activities carried out pursuant to subsection 7a74 7,b7 ,a list of states contacted as part of such activities1 with a special emphasis on countries in the ,indo-,pacific4 7,c7 ,an assessment of the effectiveness of such activities4 7#c7 ,form ,the report required by paragraph 7#a7 shall be issued in a classified form1 but may contain an unclassified annex1 if appropriate4 7#d7 ,appropriate congressional committees defined ,in this subsection1 the term appropriate congressional committees includes the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,foreign ,relations of the ,senate4 #g4 ,maps depicting ,taiwan ,not later than #ae days after the date of enactment of this ,act1 the ,secretary of ,state1 acting through the ,geographer of the ,department of ,state1 shall issue guidance to reconcile with ,united ,states policy guidelines on the procurement and production of maps that depict ,taiwan by prohibiting such procurement and production of maps which depict ,taiwan to be sovereign territory of the ,people's ,republic of ,china4