[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 91 Agreed to Senate (ATS)]







109th CONGRESS
  1st Session
S. RES. 91

 Urging the European Union to maintain its arms export embargo on the 
                      People's Republic of China.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2005

    Mr. Smith (for himself, Mr. Biden, Mr. Brownback, Mr. Kyl, Mr. 
 Chambliss, Mr. Ensign, Mrs. Dole, Mr. DeWine, Mr. Lieberman, and Mr. 
  Allen) submitted the following resolution; which was considered and 
                               agreed to

_______________________________________________________________________

                               RESOLUTION


 
 Urging the European Union to maintain its arms export embargo on the 
                      People's Republic of China.

Whereas, on June 4, 1989, the Communist Government of the People's Republic of 
        China ordered the People's Liberation Army to carry out an unprovoked, 
        brutal assault on thousands of peaceful and unarmed demonstrators in 
        Tiananmen Square, resulting in hundreds of deaths and thousands of 
        injuries;
Whereas, on June 5, 1989, President George H. W. Bush condemned these actions of 
        the Government of the People's Republic of China, and the United States 
        took several concrete steps to respond to the military assault, 
        including suspending all exports of items on the United States Munitions 
        List to the People's Republic of China;
Whereas, on June 27, 1989, the European Union (then called the European 
        Community) imposed an arms embargo on the People's Republic of China in 
        response to the Government of China's brutal repression of protestors 
        calling for democratic and political reform;
Whereas the European Council, in adopting that embargo, ``strongly condemn[ed] 
        the brutal repression taking place in China'' and ``solemnly request[ed] 
        the Chinese authorities to put an end to the repressive actions against 
        those who legitimately claim their democratic rights'';
Whereas the poor human rights conditions that precipitated the decisions of the 
        United States and the European Union to impose and maintain their 
        respective embargoes have not improved;
Whereas the Department of State 2004 Country Reports on Human Rights Practices 
        states that, during 2004, ``[t]he [Chinese] Government's human rights 
        record remained poor, and the Government continued to commit numerous 
        and serious abuses'';
Whereas, according to the same Department of State report, credible sources 
        estimated that hundreds of persons remained in prison in the People's 
        Republic of China for their activities during the June 1989 Tiananmen 
        demonstrations;
Whereas the Government of the People's Republic of China continues to maintain 
        that its crackdown on democracy activists in Tiananmen Square was 
        warranted and remains unapologetic for its brutal actions, as 
        demonstrated by that Government's handling of the recent death of former 
        Premier and Communist Party General Secretary, Zhao Ziyang, who had been 
        under house arrest for 15 years because of his objection to the 1989 
        Tiananmen crackdown;
Whereas, since December 2003, the European Parliament, the legislative arm of 
        the European Union, has rejected in five separate resolutions the 
        lifting of the European Union arms embargo on the People's Republic of 
        China because of continuing human rights concerns in China;
Whereas the February 24, 2005, resolution passed by the European Parliament 
        stated that the Parliament ``believes that unless and until there is a 
        significant improvement in the human rights situation in China, it would 
        be wrong for the EU to envisage any lifting [of] its embargo on arms 
        sales to China, imposed in 1989'' and that it ``requests that the 
        Commission formally oppose such a move when it is discussed in the 
        [European] Council'';
Whereas the governments of a number of European Union member states have 
        individually expressed concern about lifting the European Union arms 
        embargo on the People's Republic of China, and several have passed 
        resolutions of opposition in their national parliaments;
Whereas the European Union Code of Conduct on Arms Exports, as a non-binding set 
        of principles, is insufficient to control European arms exports to the 
        People's Republic of China;
Whereas public statements by some major defense firms in Europe and other 
        indicators suggest that such firms intend to increase military sales to 
        the People's Republic of China if the European Union lifts its arms 
        embargo on that country;
Whereas the Department of Defense fiscal year 2004 Annual Report on the Military 
        Power of the People's Republic of China found that ``[e]fforts underway 
        to lift the European Union (EU) embargo on China will provide additional 
        opportunities to acquire specific technologies from Western suppliers'';
Whereas the same Department of Defense report noted that the military 
        modernization and build-up of the People's Republic of China is aimed at 
        increasing the options of the Government of the People's Republic of 
        China to intimidate or attack democratic Taiwan, as well as preventing 
        or disrupting third-party intervention, namely by the United States, in 
        a cross-strait military crisis;
Whereas the June 2004, report to Congress of the congressionally-mandated, 
        bipartisan United States-China Economic and Security Review Commission 
        concluded that ``there has been a dramatic change in the military 
        balance between China and Taiwan,'' and that ``[i]n the past few years, 
        China has increasingly developed a quantitative and qualitative 
        advantage over Taiwan'';
Whereas the Taiwan Relations Act (22 U.S.C. 3301 et seq.) codifies in United 
        States law the basis for continued relations between the United States 
        and Taiwan, affirmed that the decision of the United States to establish 
        diplomatic relations with the People's Republic of China was based on 
        the expectation that the future of Taiwan would be determined by 
        peaceful means;
Whereas the balance of power in the Taiwan Straits and, specifically, the 
        military capabilities of the People's Republic of China, directly affect 
        peace and security in the East Asia and Pacific region;
Whereas the Foreign Minister of Japan, Nobutaka Machimura, recently stated that 
        Japan is opposed to the European Union lifting its embargo against the 
        People's Republic of China and that ``[i]t is extremely worrying as this 
        issue concerns peace and security environments not only in Japan but 
        also in East Asia as a whole'';
Whereas the United States has numerous security interests in the East Asia and 
        Pacific region, and the United States Armed Forces, which are deployed 
        throughout the region, would be adversely affected by any Chinese 
        military aggression;
Whereas the lifting of the European Union arms embargo on the People's Republic 
        of China would increase the risk that United States troops could face 
        military equipment and technology of Western or United States origin in 
        a cross-strait military conflict;
Whereas this risk would necessitate a reevaluation by the United States 
        Government of procedures for licensing arms and dual-use exports to 
        member states of the European Union in order to attempt to prevent the 
        reexport or retransfer of United States exports from such countries to 
        the People's Republic of China;
Whereas the report of the United States-China Economic and Security Review 
        Commission on the Symposia on Transatlantic Perspectives on Economic and 
        Security Relations with China, held in Brussels, Belgium and Prague, 
        Czech Republic from November 29, 2004, through December 3, 2004, 
        recommended that the United States Government continue to press the 
        European Union to maintain the arms embargo on the People's Republic of 
        China and strengthen its arms export control system, as well as place 
        limitations on United States public and private sector defense 
        cooperation with foreign firms that sell sensitive military technology 
        to China;
Whereas the lax export control practices of the People's Republic of China and 
        the continuing proliferation of technology related to weapons of mass 
        destruction and ballistic missiles by state-sponsored entities in China 
        remain a serious concern of the Government of the United States;
Whereas the People's Republic of China remains a primary supplier of weapons to 
        countries such as Burma and Sudan where, according to the United States 
        Commission on International Religious Freedom, the military has played a 
        key role in the oppression of religious and ethnic minorities;
Whereas the most recent Central Intelligence Agency Unclassified Report to 
        Congress on the Acquisition of Technology Relating to Weapons of Mass 
        Destruction and Advanced Conventional Munitions, 1 July Through 31 
        December 2003, found that ``Chinese entities continued to work with 
        Pakistan and Iran on ballistic missile-related projects during the 
        second half of 2003,'' and that ``[d]uring 2003, China remained a 
        primary supplier of advanced conventional weapons to Pakistan, Sudan, 
        and Iran'';
Whereas, as recently as December 27, 2004, the Government of the United States 
        determined that seven entities or persons in the People's Republic of 
        China, including several state-owned companies involved in China's 
        military-industrial complex, are subject to sanctions under the Iran 
        Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) 
        for sales to Iran of prohibited equipment or technology;
Whereas the authority under the Iran Nonproliferation Act of 2000 to impose 
        sanctions on Chinese persons or entities was used 23 times in 2004; and
Whereas the assistance provided by these entities to Iran works directly counter 
        to the efforts of the United States Government and several European 
        governments to curb illicit weapons activities in Iran: Now, therefore, 
        be it
    Resolved, That the Senate--
            (1) strongly supports the United States embargo on the 
        People's Republic of China;
            (2) strongly urges the European Union to continue its ban 
        on all arms exports to the People's Republic of China;
            (3) requests that the President raise United States 
        objections to the potential lifting of the European Union arms 
        embargo against the People's Republic of China in any upcoming 
        meetings with European officials;
            (4) encourages the Government of the United States to make 
        clear in discussions with representatives of the national 
        governments of European Union member states that a lifting of 
        the European Union embargo on arms sales to the People's 
        Republic of China would potentially adversely affect 
        transatlantic defense cooperation, including future transfers 
        of United States military technology, services, and equipment 
        to European Union countries;
            (5) urges the European Union--
                    (A) to strengthen, enforce, and maintain its arms 
                embargo on the People's Republic of China and in its 
                Code of Conduct on Arms Exports;
                    (B) to make its Code of Conduct on Arms Exports 
                legally binding and enforceable in all European Union 
                member states;
                    (C) to more carefully regulate and monitor the end-
                use of exports of sensitive military and dual-use 
                technology; and
                    (D) to increase transparency in its arms and dual-
                use export control regimes;
            (6) deplores the ongoing human rights abuses in the 
        People's Republic of China; and
            (7) urges the United States Government and the European 
        Union to cooperatively develop a common strategy to seek--
                    (A) improvement in the human rights conditions in 
                the People's Republic of China;
                    (B) an end to the military build-up of the People's 
                Republic of China aimed at Taiwan;
                    (C) a permanent and verifiable end to the ongoing 
                proliferation by state and non-state owned entities and 
                individuals in the People's Republic of China of 
                munitions, materials, and military equipment and the 
                trade in such items involving countries, such as Burma 
                and Sudan, whose armies have played a role in the 
                perpetration of violations of human rights and of 
                humanitarian law against members of ethnic and 
                religious minorities;
                    (D) improvement in the administration and 
                enforcement of export controls in the People's Republic 
                of China; and
                    (E) an end to the ongoing proliferation by state 
                and non-state owned entities and individuals in the 
                People's Republic of China of technology related to 
                conventional weapons, weapons of mass destruction, and 
                ballistic missiles.
                                 <all>