Comment on the "Taipei Act"

LI,JIN WEI

Adopted by Taiwan Affairs Office of Shanghai Government - Shanghai and Taiwan Window

November 3, 2019

The U.S. Senate will pass the "Taipei Act" (TAIPEIAct) without objection on October 29, 2019 Eastern Time, which requires the U.S. executive branch to take active actions to support Taiwan's establishment of "formal and informal diplomatic partnerships with countries around the world." The bill mentions that for countries that harm Taiwan’s diplomatic relations, the United States may consider reducing its economic or diplomatic exchanges in response to “conforming to the interests of the United States”.

The 2019 Taiwan Allies International Guarantee and Strengthening Initiative Act (English:Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019 ), commonly known as the "Taipei Act" (English:TAIPEI Act ), please see the bottom of the original English text. This bill is also known as the "International Protection and Strengthening of Taiwan’s Diplomatic Countries Initiative Act" [ , or the "Taiwan AIA International Protection and Strengthening Initiative Act", which is a standard in the legislative process American law . The purpose of the law is to support the establishment of Taiwan’s international status through the United States taking substantive actions against countries in the world that have diplomatic relations with Taiwan.

background

The Taipei Act is led by U.S. Senator Corey Gardner

"Taipei Act" as early as May 2018 by the 116th US Congress Senator Cory Gardner , Mark - Rubio, John Corning and Chris Coons joint proposal (S.3406), After the second reading, it was passed to the Senate Foreign Affairs Committee for consideration. On May 23, 2019, Gardner and others resubmitted the case (S.1678). The Senate Foreign Affairs Committee deliberated on September 25, and the members passed by an oral vote, and placed it on the Senate’s agenda to vote on the bill. The Senate passed the "Taipei Act" by " unanimous consent " on October 29 .

On October 18, 2019 , Congressman Kuang Xiheng proposed the House version of the "Taipei Bill" (HR4754), and the House Foreign Affairs Committee passed an oral vote on the 30th of the same month without objection. The House of Representatives version of the "Taipei Bill" still needs to be reviewed by the House Ways and Means Committee before it can be passed to the House of Representatives for a vote. It is generally believed that the House of Representatives will pass the version submitted by its Foreign Affairs Committee without much problem.

After the final version of the bill is negotiated by the two houses, it will be sent to President Trump for signing into law. As the US foreign policy toward China tends to the Cold War, it is relatively unlikely that President Trump will refuse to sign. Similar to Trump's unscrupulous signing of the "Taiwan Travel Act" on March 16, 2018, the bill essentially restores official exchanges between the United States and Taiwan. Today, a certain class of officials in the United States, such as many assistant secretaries of state Waiting for officials to visit Taiwan publicly.

The author has in 2018 Nian 3 Yue 17 "to Sino-US relations after Taiwan Travel Act" Japan can continue to read the bottom left of the original text read

"Taipei Act" emphasizes diplomacy

The bill mentions that the legislative purpose is "to respond to China's increasing pressure on Taiwan, including restrictions on Taiwan's international space and global diplomatic recognition."

The bill also requires the United States to "appropriately" support Taiwan's membership in all international organizations that do not qualify as a country and that "the United States has participated". It is also recommended that the US president or president’s representative express support for Taiwan’s becoming a member or observer of an international organization in "any relevant bilateral interaction between the United States and China, including the Leadership Summit."

prospect

Is Taiwan's local diplomacy included in the protection of the United States?

The "Taipei Act" mentioned that for countries that harm Taiwan's diplomatic relations, the United States may consider reducing its economic or diplomatic exchanges in response to it "in the interests of the United States."

Liu Shijie, a former diplomat of Taiwan’s local government and the current director of international public affairs of the Kuroshio Policy and Economic Development Consulting Company, said that this may mean that “Taiwan’s diplomatic relations are guaranteed by the domestic law of the United States for the first time.” The vice president of the United States After Pence's previous speech on Sino-US relations, if the law is successfully signed afterwards, it will structurally flip the US's China policy with three diplomatic bulletins plus the tone of the "Taiwan Relations Act." Because "Taiwan's diplomatic relations were for the first time included in the domestic law of the United States." Liu Shijie also believes that "the Taipei Act is more important than the "Taiwan Travel Act." The latter talks about no restrictions on high-level bilateral visits, but the former is aimed at Taiwan’s diplomatic relations and international participation. If the bill is passed, Taiwan’s diplomatic relations will be Being formally included in the Indo-Pacific security strategy of the Trump administration, the United States will not allow the situation of a country with zero diplomatic relations with Taiwan to happen."

Taiwan leader Tsai Ing-wen danced after learning that the U.S. Senate passed the "Taipei Act"

According to external analysis, this bill once again reflects the continuation of the trilateral struggle between China, the United States and Taiwan under the background of the trade war. On the eve of the general elections for local power in Taiwan, it may also have a major impact on the diplomatic lines of the candidates Tsai Ing-wen and Han Guoyu.

After the bill was passed by the U.S. Senate, Chinese officials immediately opposed the Taiwan-U.S. parties' undermining the one-China principle and strongly condemned U.S. politics for interfering in China's internal affairs. The Taiwan Affairs Office of the State Council of China has stated on the 30th that "Taiwan's development of so-called diplomatic relations is nothing but a dream." The Taiwan Affairs Office of the State Council also stated that "the United States plays the Taiwan card, and the DPP government is willing to be a pawn. What ultimately hurts the peace in the Taiwan Strait and the interests of compatriots on both sides of the strait, especially Taiwan compatriots."

In the face of severe opposition from the Taiwan Affairs Office of the State Council, Taiwan’s local government representative Tsai Ing-wen said in an interview on October 30, "This is a pretty narrow view. Taiwan was originally going to go to the world and be friends with all the people in the world. That’s why China is here. This is actually very narrow, and China-centric thinking is not very good."

American Association in Taiwan

U.S., China and Taiwan trilateral diplomatic wrestle

Some analysts pointed out that after Taiwan leader Tsai Ing-wen took office, the six diplomatic countries broke off diplomatic relations with Taiwan and established diplomatic relations with China, which made Taiwan feel pressured. Therefore, in the context of the Sino-US trade war, the United States has successively passed public-related Taiwan bills. In addition to attempting to counter China’s diplomatic pressure on Taiwan, it is also responding to China’s diplomatic expansion in the Indo-Pacific region.

"Washington Post" columnist George Will made a comment on the 26th of this month, before the vote on the bill, saying that Beijing's ability to win Taiwan’s diplomatic relations in a short period of time is also a “frustration” for the United States. This shows that the United States is in the South Pacific. The influence of China has weakened, and China’s dominance in the region has increased.

The "Taipei Act" specifically mentioned that the United States should assist Taiwan's diplomatic relations with Japan, Australia, and countries in the Indo-Pacific region.

After the severance of diplomatic relations between the Solomon Islands and Taiwan, in October 2019, there are 16 countries in Taiwan’s diplomatic relations.

Taiwan's election trend

The "Taipei Act" is the succession of various Taiwan-Friendly Acts passed by the United States in the past two years. This case is not only to enhance Taiwan-US relations, but the United States hopes to help Taiwan improve its international status and the ability to participate in international organizations through the government.

Kuomintang presidential candidate Han Yu expressed his approval on the "Taipei Act" last week. However, the Kuomintang Party Department issued a statement stating that “the most important issue is that the ruling authorities need to put forward specific policies and plans to consolidate our friendship and expand diplomatic space. Otherwise, relying solely on the assistance of the United States is by no means fundamental.” Taiwan’s “former president” Ma Ying-jeou also said before that pro-US problems cannot be resolved in Taiwan. He criticized Tsai Ing-wen for using "anti-China" as a tool to attack political opponents, and believed that the root cause of the deterioration of cross-strait relations was that the Tsai Ing-wen government did not accept the 1992 consensus.

Han Yu's diplomatic strategy basically represents the pro-China diplomatic line initiated by the Kuomintang from Lien Chan in the past 20 years, which is a departure from the pro-American line of Chiang Kai-shek and his sons. Han Yu declined an invitation to visit the United States after he officially became a candidate for the "presidential" election.

comment

At this time, the United States introduced the so-called "Taipei Act", which is obviously to support the current leader of the Taiwan authorities, Tsai Ing-wen, to win the election of the leader of the Taiwan region so as to be a card in the hands of the United States and step by step to take China’s Taiwan Province. Separated from the legal theory, even if the "Taipei Act" eventually becomes law, this is only the domestic law of the United States. The biggest difference between domestic law and international law is the difference between particularity and universality. It will be a matter of time for China to take back Taiwan. Change with anyone's will. The separation and reunification of the mainland and Taiwan in history can explain the problem.

Taiwan has belonged to China since ancient times. Taiwan was called Yizhou and Liuqiu in ancient times . A large number of historical books and documents record the early development of Taiwan by the Chinese people. More than 1,700 years ago, during the Three Kingdoms period, Wu Shen Ying 's " Linhai Land Chronicles " and others wrote about this. They are the world's earliest written accounts of Taiwan. The seventh century and the third century AD, the three Sun Wu regime and the government all have been sent Sui thousand people to Taiwan. After entering the seventeenth century, the scale of the Chinese people's development in Taiwan has become larger and larger. At the end of the seventeenth century, more than 100,000 mainland pioneers went to Taiwan. By 1893 (the 19th year of Guangxu, Qing Dynasty), the total number had reached more than 570,000 households and more than 2.54 million people. Increased twenty-five times in two hundred years. They brought advanced production methods, from south to north, from west to east, and pierced through all obstacles, greatly speeding up the overall development of Taiwan. This historical fact shows that Taiwan, like other provinces and regions in China, was settled by the people of all ethnic groups in China. The development of Taiwanese society has always continued the traditions of Chinese culture. Even during the 50 years of Japanese occupation, this basic situation has not changed. The history of Taiwan's pioneering development has condensed the blood, sweat and wisdom of the Chinese people, including local ethnic minorities.

Maintaining national unity and territorial integrity is the sacred right of every sovereign country and a basic principle of international law. The UN Charter clearly stipulates that the UN and its member states must not infringe upon the territorial integrity or political independence of any member state or country, and must not interfere in events that are essentially under the domestic jurisdiction of any country. The United Nations ' Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter "states: Where to break all local or bad national unity and the territorial integrity or political independence attempt aimed, are not in line with the spirit of the UN Charter.

Attachment: The Taipei Act, the English manuscript bill passed by the U.S. Senate

Engrossed in Senate (10/29/2019)

S. 1678

AN ACT

To express United States support for Taiwan'sdiplomatic alliances around the world.

Be it enactedby the Senate and House of Representatives of theUnited States of Americain Congress assembled,

SECTION 1. SHORT TITLE.

This Act maybe cited as the “Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019”.

SEC. 2. DIPLOMATIC RELATIONS WITH TAIWAN.

(a) Findings.—Congressmakes the following findings:

(1) The Taiwan Relations Act of 1979(Public Law 96–8) states that it is the policy of theUnited States “to preserve and promoteextensive, close, and friendlycommercial, cultural, and otherrelations between the people of theUnited States and thepeople on Taiwan”.

(2) The Taiwan Relations Act of 1979states that it is the policy of theUnited States “to maintain the capacity of theUnited States to resist any resort to force or other forms of coercionthat would jeopardize the security, or the social or economic system, of thepeople on Taiwan”.

(3) Taiwan isa free, democratic, and prosperousnation of 23,000,000people and animportant contributor to peace and stabilityaround the world.

(4) Since the election of PresidentTsai Ing-wen as President of Taiwan in2016, the Government of thePeople’s Republic of Chinahas intensified its efforts to pressure Taiwan.

(5) Since 2016, the Gambia, Sao Tome and Principe,Panama, the Dominican Republic, Burkina Faso, El Salvador, the Solomon Islands, and Kiribatihave severed diplomatic relations with Taiwan infavor of diplomaticrelations with China.

(6) Taiwan currentlymaintains full diplomatic relations with 15 nations around the world.

(7) Taiwan’sunofficialrelations with the United States, Australia, India, Japan, and othercountries are of significantbenefit in strengthening Taiwan’seconomy andpreservingits international space.

(8) According to President Tsai Ing-wen, the severance of diplomaticties with Taiwan infavor of diplomaticrelations with China is “part of aseries of diplomatic andmilitary acts of coercion”by China.

(9) The Asia Reassurance Initiative Act of 2018(Public Law 115–409) states that—

(A) it is United States policy “to support the close economic,political, and securityrelationship between Taiwan and theUnited States”; and

(B) the President should—

(i) “conduct regular transfers of defensearticles to Taiwan thatare tailored to meet the existing and likelyfuture threats from the People’s Republic of China,including supporting the efforts of Taiwan todevelop and integrateasymmetric capabilities, as appropriate, including mobile, survivable, and cost-effectivecapabilities, into its military forces”; and

(ii) “encourage the travel of high-levelUnited States officialsto Taiwan,in accordance with the Taiwan Travel Act”.

SEC. 3. STRENGTHENING OF OFFICIALOR UNOFFICIALTIES WITH TAIWAN.

(a) Sense Of Congress.—Itis the sense of Congressthat the United States Government should—

(1) support Taiwan instrengthening its officialdiplomatic relationships as well as unofficialpartnerships with countries in the Indo-Pacific region and aroundthe world;

(2) consider, in certain cases as appropriate and inalignment with United States interests, increasing its economic, security, and diplomaticengagement with nations that have demonstrably strengthened, enhanced, orupgraded relations with Taiwan; and

(3) consider, in certain cases as appropriate and inalignment with United States interests, reducing its economic, security, and diplomaticengagement with nations that take serious or significant actionsto undermine Taiwan.

(b) Consultation.—Notless than 30 days before increasing or decreasing the United StatesGovernment's economic, security, or diplomatic engagement with another nationas a result of an actiontaken by that nation to either strengthen or undermine ties with Taiwan,the Secretary of Stateshall consult with the appropriate congressional committees with respect to theproposed United States actionor actions.

(c) Rule Of Construction.—Nothingin this Act shallbe construed to supersede or otherwise alter obligations to comply with thenotification procedures applicable to reprogramming pursuant to section 634A of theForeign Assistance Act of 1961(22 U.S.C. 2394–1).

SEC. 4. POLICY OF THEUNITED STATES WITH REGARD TO TAIWAN’SPARTICIPATION IN INTERNATIONAL ORGANIZATIONS.

Itshould be the policy of theUnited States—

(1) to advocate, as appropriate—

(A) for Taiwan’smembership in all international organizationsin which statehood is not a requirement and inwhich the United States is also a participant; and

(B) for Taiwan tobe granted observer status in other appropriate international organizations;

(2) to instruct, as appropriate, representatives of theUnited States Government in all organizations described in paragraph (1) to usethe voice, vote, and influence oftheUnited States to advocate for Taiwan’smembership or observer status in such organizations; and

(3) for the President or the President's designees to advocate,as appropriate, for Taiwan’smembership or observer status in all organizations described in paragraph (1)as part of anyrelevant bilateral engagements between the United States and thePeople’s Republic of China,including leader summits and theU.S.-China Comprehensive Economic Dialogue.

SEC. 5. SENSE OF CONGRESSON TRADE NEGOTIATIONS WITH TAIWAN.

It isthe sense of Congressthat the United States should engage in bilateral trade negotiations with Taiwan,with the goal of enteringinto a free trade agreement that is ofmutualeconomic benefit and thatprotects United States workers and benefitsUnited States exporters.

SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEESDEFINED.

In this Act,the term “appropriate congressional committees” means—

(1) the Committee on Foreign Relations and theCommittee on Appropriations of theSenate; and

(2) the Committee on Foreign Affairs and theCommittee on Appropriations of theHouse of Representatives.

Passed the Senate October 29, 2019.

Attest:

Secretary