[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 524 Agreed to Senate (ATS)]

112th CONGRESS
  2d Session
S. RES. 524

   Reaffirming the strong support of the United States for the 2002 
  declaration of conduct of parties in the South China Sea among the 
  member states of ASEAN and the People's Republic of China, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 23, 2012

Mr. Kerry (for himself, Mr. Lugar, Mr. Webb, Mr. Inhofe, Mr. Lieberman, 
    Mr. McCain, Mr. Levin, and Ms. Collins) submitted the following 
  resolution; which was referred to the Committee on Foreign Relations

                             August 2, 2012

Committee discharged; considered and agreed to with an amended preamble

_______________________________________________________________________

                               RESOLUTION


 
   Reaffirming the strong support of the United States for the 2002 
  declaration of conduct of parties in the South China Sea among the 
  member states of ASEAN and the People's Republic of China, and for 
                            other purposes.

Whereas the Association of Southeast Asian Nations (ASEAN) plays a key role in 
        strengthening and contributing to peace, stability, and prosperity in 
        the Asia-Pacific region;
Whereas the vision of the ASEAN Leaders in their goals set out in the ASEAN 
        Charter to integrate ASEAN economically, politically, and culturally 
        furthers regional peace, stability, and prosperity;
Whereas the United States Government recognizes the importance of a strong, 
        cohesive, and integrated ASEAN as a foundation for effective regional 
        frameworks to promote peace and security and economic growth and to 
        ensure that the Asia-Pacific community develops according to rules and 
        norms agreed upon by all of its members;
Whereas the United States is enhancing political, security and economic 
        cooperation in Southeast Asia through ASEAN, and seeks to continue to 
        enhance its role in partnership with ASEAN and others in the region in 
        addressing transnational issues ranging from climate change to maritime 
        security;
Whereas the United States Government welcomes the development of a peaceful and 
        prosperous China which respects international norms, international laws, 
        international institutions, and international rules, and enhances 
        security and peace, and seeks to advance a ``cooperative partnership'' 
        between the United States and China;
Whereas ASEAN plays an important role, in partnership with others in the 
        regional and international community, in addressing maritime security 
        issues in the Asia-Pacific region and into the Indian Ocean, including 
        open access to the maritime domain of Asia;
Whereas the South China Sea is a vital part of the maritime domain of Asia, 
        including critical sea lanes of communication and commerce between the 
        Pacific and Indian oceans;
Whereas in the declaration on the conduct of parties in the South China Sea, the 
        governments of the member states of ASEAN and the Government of the 
        People's Republic of China have affirmed ``that the adoption of a code 
        of conduct in the South China Sea would further promote peace and 
        stability in the region'' and have agreed to work towards the attainment 
        of a code of conduct;
Whereas pending the peaceful settlement of territorial and jurisdictional 
        disputes, the member states of ASEAN and the People's Republic of China 
        have committed to ``exercise self-restraint in the conduct of activities 
        that would complicate or escalate disputes and stability, including, 
        among others, refraining from action of inhabiting presently uninhabited 
        islands, reefs, shoals, and other features and to handle their 
        differences in a constructive manner'';
Whereas pending the peaceful settlement of territorial and jurisdictional 
        disputes, the member states of ASEAN and the People's Republic of China 
        affirmed their commitment ``to the freedom of navigation in and 
        overflight of the South China Sea provided for by the universally 
        recognized principles of international law, including the 1982 UN 
        Convention on the Law of the Sea'';
Whereas although not a party to these disputes, the United States has national 
        interests in freedom of navigation, the maintenance of peace and 
        stability, respect for international law, and unimpeded lawful commerce;
Whereas the Government of the People's Republic of China has recently taken 
        unilateral steps to declare the Paracel and Spratly Islands, and their 
        adjacent waters to be a prefectural-level city, and has identified 
        government leaders to assert administrative control over 200 islets, 
        sandbanks, and reefs and 2,000,000 square kilometers of water;
Whereas the Central Military Commission in China also announced the deployment 
        of a garrison of soldiers to this area; and
Whereas these steps are contrary to agreed upon principles with regard to 
        resolving disputes and impede a peaceful resolution of the sovereignty 
        disputes in the South China Sea: Now, therefore, be it
    Resolved, That the Senate--
            (1) reaffirms the strong support of the United States for 
        the 2002 declaration of conduct of parties in the South China 
        Sea among the member states of ASEAN and the People's Republic 
        of China;
            (2) supports the member states of ASEAN, and the Government 
        of the People's Republic of China, as they seek to adopt a 
        legally binding code of conduct of parties in the South China 
        Sea, and urges all countries to substantively support ASEAN in 
        its efforts in this regard;
            (3) strongly urges that, pending adoption of a code of 
        conduct, all parties, consistent with commitments under the 
        declaration of conduct, ``exercise self-restraint in the 
        conduct of activities that would complicate or escalate 
        disputes and stability, including, among others, refraining 
        from action of inhabiting presently uninhabited islands, reefs, 
        shoals and other features and to handle their differences in a 
        constructive manner'';
            (4) supports a collaborative diplomatic process by all 
        claimants for resolving outstanding territorial and 
        jurisdictional disputes, allowing parties to peacefully settle 
        claims and disputes using international law;
            (5) reaffirms the United States commitment--
                    (A) to assist the nations of Southeast Asia to 
                remain strong and independent;
                    (B) to help ensure each nation enjoys peace and 
                stability;
                    (C) to broaden and deepen economic, political, 
                diplomatic, security, social, and cultural partnership 
                with ASEAN and its member states; and
                    (D) to promote the institutions of emerging 
                regional architecture and prosperity; and
            (6) supports enhanced operations by the United States armed 
        forces in the Western Pacific, including in the South China 
        Sea, including in partnership with the armed forces of others 
        countries in the region, in support of freedom of navigation, 
        the maintenance of peace and stability, respect for 
        international law, including the peaceful resolution of issues 
        of sovereignty, and unimpeded lawful commerce.
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