[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 266 Referred in Senate (RFS)]

111th CONGRESS
  2d Session
H. CON. RES. 266


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2010

                                Received

                             August 5, 2010

             Referred to the Committee on Foreign Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
    Expressing the sense of Congress that Taiwan should be accorded 
   observer status in the International Civil Aviation Organization 
                                (ICAO).

Whereas the Convention on International Civil Aviation, signed in Chicago, 
        Illinois, on December 7, 1944, and entered into force April 4, 1947, 
        approved the establishment of the International Civil Aviation 
        Organization (ICAO), stating ``The aims and objectives of the 
        Organization are to develop the principles and techniques of 
        international air navigation and to

              

 foster the planning and development of international air transport so as 
to . . . meet the needs of the peoples of the world for safe, regular, 
efficient and economical air transport'';

Whereas following the terrorist attacks of September 11, 2001, the ICAO convened 
        a High-level Ministerial Conference on Aviation Security that endorsed a 
        global strategy for strengthening aviation security worldwide and issued 
        a public declaration that ``a uniform approach in a global system is 
        essential to ensure aviation security throughout the world and that 
        deficiencies in any part of the system constitute a threat to the entire 
        global system'', and that there should be a commitment to ``foster 
        international cooperation in the field of aviation security and 
        harmonize the implementation of security measures'';
Whereas, on January 22, 2010, the Secretary General of the ICAO stated, ``The 
        attempted sabotage of Northwest Airlines Flight 253 on 25 December 
        [2009] is a vivid reminder that security threats transcend national 
        boundaries and can only be properly addressed through a global strategy 
        based on effective international cooperation.'';
Whereas the Taipei Flight Information Region, under the jurisdiction of the 
        Republic of China (Taiwan), covers an airspace of 176,000 square 
        nautical miles and provides air traffic control services to over 
        1,350,000 flights annually along 12 international and 4 domestic air 
        routes;
Whereas over 174,000 international flights carrying more than 35,000,000 
        passengers travel to and from Taiwan annually, reflecting its importance 
        as an air transport hub linking Northeast and Southeast Asia;
Whereas a total of 30 airlines, 23 of which are foreign-owned, provide scheduled 
        flights to Taiwan;
Whereas airports in Taiwan handle more than 1,580,000 metric tons of air cargo 
        annually;
Whereas Taiwan Taoyuan International Airport was ranked in 2009 by the Airports 
        Council International as the world's 8th and 18th largest airport by 
        international cargo volume and number of International passengers 
        respectively;
Whereas exclusion from the ICAO since 1971 has impeded the efforts of the 
        Government of Taiwan to maintain civil aviation practices that comport 
        with evolving international standards, due to its inability to contact 
        the ICAO for up-to-date information on aviation standards and norms, 
        secure amendments to the Organization's regulations in a timely manner, 
        obtain sufficient and timely information needed to prepare for the 
        implementation of new systems and procedures set forth by the ICAO, 
        receive technical assistance in implementing new regulations, and 
        participate in technical and academic seminars hosted by the ICAO;
Whereas, despite these impediments and irrespective of its inability to 
        participate in the ICAO, the Government of Taiwan has made every effort 
        to comply with the operating procedures and guidelines set forth by the 
        organization;
Whereas, despite this effort, the exclusion of Taiwan from the ICAO has 
        prevented the organization from developing a truly global strategy to 
        address security threats based on effective international cooperation, 
        thereby hindering the fulfillment of its overarching mission to ``meet 
        the needs of the peoples of the world for safe, regular, efficient and 
        economical air transport'';
Whereas the United States, in the 1994 Taiwan Policy Review, clearly declared 
        its support for the participation of Taiwan in appropriate international 
        organizations, in particular, on September 27, 1994, with the 
        announcement by the Assistant Secretary of State for East Asian and 
        Pacific Affairs that, pursuant to the Review and recognizing Taiwan's 
        important role in transnational issues, the United States ``will support 
        its membership in organizations where statehood is not a prerequisite, 
        and [the United States] will support opportunities for Taiwan's voice to 
        be heard in organizations where its membership is not possible'';
Whereas section 4(d) of the Taiwan Relations Act (22 U.S.C. 3303(d)) declares, 
        ``Nothing in this Act may be construed as a basis for supporting the 
        exclusion or expulsion of Taiwan from continued membership in any 
        international financial institution or any other international 
        organization.''; and
Whereas ICAO rules and existing practices have allowed for the meaningful 
        participation of noncontracting countries as well as other bodies in its 
        meetings and activities through granting of observer status: Now, 
        therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of Congress that--
            (1) meaningful participation by the Government of Taiwan as 
        an observer in the meetings and activities of the International 
        Civil Aviation Organization (ICAO) will contribute both to the 
        fulfillment of the ICAO's overarching mission and to the 
        success of a global strategy to address aviation security 
        threats based on effective international cooperation;
            (2) the United States Government should take a leading role 
        in gaining international support for the granting of observer 
        status to Taiwan in the ICAO for the purpose of such 
        participation; and
            (3) the United States Department of State should provide 
        briefings to or consult with Congress on any efforts conducted 
        by the United States Government in support of Taiwan's progress 
        toward observer status in the ICAO.

            Passed the House of Representatives July 29, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

                               By Robert F. Reeves,

                                                          Deputy Clerk.