USC Subchapter III

in effect

22 U.S.C. § 3371 Findings

Congress makes the following findings: (1) Since 2016, the Gambia, Sao Tome and Principe, Panama, the Dominican Republic, Burkina Faso, El Salvador, the Solomon Islands, and Kiribati have severed diplomatic relations with Taiwan in favor of diplomatic relations with China. (2) Taiwan was invited to participate in the World Health Assembly (WHA), the decision-making body of the World Health Organization (WHO), as an observer annually between 2009 and 2016. Since the 2016 election of President Tsai, the PRC has increasingly resisted Taiwan’s participation in the WHA. Taiwan was not invited to attend the WHA in 2017, 2018, 2019, 2020, or 2021. (3) The Taipei Flight Information Region reportedly served 1,750,000 flights and 68,900,000 passengers in 2018, and is home to Taiwan Taoyuan International Airport, the eleventh busiest airport in the world. Taiwan has been excluded from participating at the International Civil Aviation Organization (ICAO) since 2013. (4) United Nations (UN) General Assembly Resolution 2758 does not address the issue of representation of Taiwan and its people at the United Nations, nor does it give the PRC the right to represent the people of Taiwan.

22 U.S.C. § 3372 Strategy to support Taiwan’s meaningful participation in international organizations

(a) In generalNot later than 180 days after December 23, 2022, the Secretary of State, in consultation with other Federal departments and agencies as appropriate, shall submit to the appropriate congressional committees a strategy—(1) to advance Taiwan”s 11 So in original. Probably should be “Taiwan’s”. meaningful participation in a prioritized set of international organizations (IOs); and (2) that responds to growing pressure from the PRC on foreign governments, IOs, commercial actors, and civil society organizations to comply with its “One-China Principle”, with respect to Taiwan. (b) Matters to be includedThe strategy required under subsection (a) should include the following elements:(1) An assessment of the methods the PRC uses to coerce actors to into adhering to its “One-China Principle.” The methods should include those employed against governments, IOs, and civil society organizations. The assessment should also include pressure on commercial actors, to the extent it is relevant in the context of Taiwan’s meaningful participation in IOs. (2) An assessment of the policies of foreign governments toward the PRC and Taiwan, to identify likeminded allies and partners who might become public or private partners in the strategy. (3) A systematic analysis of all IOs, as practicable, to identify IOs that best lend themselves to advancing Taiwan’s participation. (4) A plan to expand economic, security, and diplomatic engagement with nations that have demonstrably strengthened, enhanced, or upgraded relations with Taiwan, in accordance with United States interests. (5) A survey of IOs that have allowed Taiwan’s meaningful participation, including an assessment of whether any erosion in Taiwan’s engagement has occurred within those organizations and how Taiwan’s participation has positively strengthened the capacity and activity of these organizations, thereby providing positive models for Taiwan’s inclusion in other similar forums. (6) A list of no more than 20 IOs at which the United States Government will prioritize for using its voice, vote, and influence to advance Taiwan’s meaningful participation over the three-year period following December 23, 2022. The list should be derived from the IOs identified in paragraph (3). (7) A description of the diplomatic strategies and the coalitions the United States Government plans to develop to implement paragraph (6). (c) Form of reportThe strategy required in subsection (a) shall be classified, but it may include an unclassified summary. (d) Support for meaningful participationThe Permanent Representative of the United States to the United Nations and other relevant United States officials shall actively support Taiwan’s meaningful participation in all appropriate international organizations.

22 U.S.C. § 3373 Meaningful participation of Taiwan in the International Civil Aviation Organization

(a) Sense of CongressIt is the sense of Congress that—(1) the International Civil Aviation Organization (ICAO) should allow Taiwan to meaningfully participate in the organization, including in ICAO triennial assembly sessions, conferences, technical working groups, meetings, activities, and mechanisms; (2) Taiwan is a global leader and hub for international aviation, with a range of expertise, information, and resources and the fifth busiest airport in Asia (Taoyuan International Airport), and its meaningful participation in ICAO would significantly enhance the ability of ICAO to ensure the safety and security of global aviation; and (3) coercion by the Chinese Communist Party and the People’s Republic of China has ensured the systematic exclusion of Taiwan from meaningful participation in ICAO, significantly undermining the ability of ICAO to ensure the safety and security of global aviation. (b) Plan for Taiwan’s meaningful participation in the International Civil Aviation OrganizationThe Secretary of State, in coordination with the Secretary of Commerce and the Secretary of Transportation, is authorized—(1) to initiate a United States plan to secure Taiwan’s meaningful participation in ICAO, including in ICAO triennial assembly sessions, conferences, technical working groups, meetings, activities, and mechanisms; and (2) to instruct the United States representative to the ICAO to—(A) use the voice and vote of the United States to ensure Taiwan’s meaningful participation in ICAO, including in ICAO triennial assembly sessions, conferences, technical working groups, meetings, activities, and mechanisms; and (B) seek to secure a vote at the next ICAO triennial assembly session on the question of Taiwan’s participation in that session. (c) Report concerning Taiwan’s meaningful participation in the International Civil Aviation OrganizationNot later than 90 days after December 23, 2022, and not later than April 1 of each year thereafter for the following 6 years, the Secretary of State, in coordination with the Secretary of Commerce, shall submit to the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Foreign Affairs, the Committee on Transportation and Infrastructure, and the Committee on Energy and Commerce of the House of Representatives an unclassified report that—(1) describes the United States plan to ensure Taiwan’s meaningful participation in ICAO, including in ICAO triennial assembly sessions, conferences, technical working groups, meetings, activities, and mechanisms; (2) includes an account of the efforts made by the Secretary of State and the Secretary of Commerce to ensure Taiwan’s meaningful participation in ICAO, including in ICAO triennial assembly sessions, conferences, technical working groups, meetings, activities, and mechanisms; and (3) identifies the steps the Secretary of State and the Secretary of Commerce will take in the next year to ensure Taiwan’s meaningful participation in ICAO, including in ICAO triennial assembly sessions, conferences, technical working groups, meetings, activities, and mechanisms.