[Congressional Record Volume 140, Number 5 (Monday, January 31, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: January 31, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                    SALE OF DEFENSIVE ARMS TO TAIWAN

 Mr. COCHRAN. Mr. President, section 3(a) of the Taiwan 
Relations Act states that ``the United States will make available to 
Taiwan such defense articles and services in such quantity as may be 
necessary to enable Taiwan to maintain a self-defense capability.'' I 
am concerned that the administration considers the 1982 Shanghai 
Communique to supersede the cited act of Congress. The Foreign 
Relations Committee's unanimous adoption of Senator Murkowski's 
amendment reaffirms, it seems to me, congressional intent regarding the 
primacy of the Taiwan Relations Act in matters relating to the sale of 
defensive arms to Taiwan.
  Mr. MURKOWSKI. Mr. President, the passage of my amendment by a 
recorded vote of 20-0 reflects the strong support on the Foreign 
Relations Committee for the sale of defensive arms to Taiwan.
  The Taiwan Relations Act of 1979 is quite clear. It specifies, as my 
colleague from Mississippi noted, that the United States will make 
available to Taiwan the articles and services necessary for its self 
defense. The act further specifies that the President and Congress will 
determine the extent of arms sales to Taiwan ``based solely on their 
judgment of the needs of Taiwan.'' The Taiwan Relations Act sets 
neither a floor nor a ceiling on the quantity of arms sold to Taiwan by 
the United States.
  On August 17, 1982, however, the administration issued a policy 
statement entitled the ``August 17, 1982 United States-China Joint 
Communique,'' otherwise known as the Shanghai Communique. In the 
Shanghai Communique, the administration agreed ``to reduce gradually 
its sales of arms to Taiwan, leading over a period of time to a final 
solution.'' The Shanghai Communique utterly ignored the law governing 
United States relations with Taiwan with regard to arms sales, the 
Taiwan Relations Act. The Taiwan Relations Act is explicit: the United 
States will sell to Taiwan those arms necessary for its self defense, 
and Congress will have a role in determining those needs.
  Section 707 is necessary for the simple reason that the People's 
Republic of China is the world's only nuclear power that is increasing 
its military budget. It is modernizing its military across the board, 
from ballistic missile systems to power projection forces. This is the 
threat faced by Taiwan that it must be equipped to defend itself 
against. Section 707 does not change any existing law, but reaffirms 
that the Taiwan Relations Act of 1979 has primacy over the Shanghai, or 
any other, communique.
  Mr. COCHRAN. Mr. President, is it the purpose of the Senator from 
Alaska's amendment to suggest that the executive branch propose to 
Congress those export licenses necessary for the sale of defensive 
weapons to Taiwan?
  Mr. MURKOWSKI. Mr. President, yes. That is the intent as well of the 
Taiwan Relations Act. The United States has many strong interests in 
Asia, the security of Taiwan among them. Taiwan has long been an ally 
of the United States, and in 1979 the President signed a law which 
committed our country to selling Taiwan those weapons necessary for its 
self defense. Contrary to the Shanghai Communique, the law of the 
United States establishes the threat faced by Taiwan as the benchmark 
for military sales. The benchmark is the threat, not some number 
reduced by a fixed percentage each year.
  This means not only should United States defense manufacturers be 
permitted to sell defensive weapons to Taiwan, but that American 
defense manufacturers should also be able to receive export licenses to 
sell defense articles to Taiwan that will be physically attached to 
defense articles made in other nations. Policy restrictions on defense 
exports inconsistent with the Taiwan Relations Act have already denied 
United States shipyards, for example, of more than $2.5 billion in 
export sales to Taiwan, and have created a market opportunity for 
France. Additional restrictions inconsistent with the Taiwan Relations 
Act are being imposed on United States exporters who seek to supply 
subsystems to Taiwan to outfit surface ships supplied by France.
  Mr. PELL. Mr. President, I thank the Senator from Mississippi for his 
inquiry. As one of the authors of the Taiwan Relations Act, let me 
assure him that it is my view that it takes primacy over bilateral 
communiques.
  Let me read the relevant portions of the section of the Taiwan 
Relations Act entitled ``Implementation of United States Policy With 
Regard To Taiwan''

       Sec. 3(a). In furtherance of the policy set forth in 
     section 2 of this Act, the United States will make available 
     to Taiwan such defense articles and defense services in such 
     quantity as may be necessary to enable Taiwan to maintain a 
     sufficient self-defense capability.
       (b) The President and the Congress shall determine the 
     nature and quantity of such defense articles based solely 
     upon their judgment of the needs of Taiwan, in accordance 
     with procedures established by law. Such determination of 
     Taiwan's defense needs shall include review by United States 
     military authorities in connection with recommendations to 
     the President and the Congress.

  Mr. COCHRAN. Mr. President, what is the Senator's understanding of 
limitations on United States arms sales to Taiwan?
  Mr. PELL. Mr. President, arms sales are limited to maintaining 
Taiwan's defense needs. This need was recognized even by the 
negotiators of the United States-China Joint Communique of August 17, 
1982. As John Holdridge, then-Assistant Secretary for East Asian and 
Pacific Affairs, testified before the House Foreign Affairs Committee 
in August 1982:

       The Chinese insisted, however, that we agree to the 
     ultimate termination of arms sales [to Taiwan]. We refused 
     because the level of arms sales must be determined by the 
     needs of Taiwan and we could not agree to a termination date, 
     as the Chinese demanded, which might impair our ability to 
     meet those needs.
  Furthermore, Secretary Holdrige stated:

       Our guiding principle is now and will continue to be that 
     embodied in the Taiwan Relations Act: the maintenance of a 
     self-defense capability sufficient to meet the military needs 
     of Taiwan, but with the understanding that China's 
     maintenance of a peaceful approach to the Taiwan question 
     will permit gradual reductions in arms sales.

  There are in effect two primary standards to be considered: First, 
Taiwan's defensive needs; and second, China's intentions towards 
Taiwan.
  Mr. COCHRAN. Mr. President, is it the view of the Senator from Rhode 
Island that the Murkowski amendment suggests that the executive branch 
propose to Congress those export licenses necessary for the sale of 
defensive weapons to Taiwan, such as conventionally powered coastal 
patrol submarines and surface ships?
  Mr. PELL. Mr. President, yes. That is the intent as well of the 
Taiwan Relations Act, and I would hope for favorable review by the 
Congress of sales to meet Taiwan's legitimate defensive needs. The 
Taiwan Relations Act provides a statutory basis for the United States 
actions to supply Taiwan with military equipment required for defensive 
purposes, such as conventionally powered coastal patrol submarines. 
While the Joint Communique limited United States arms sales to Taiwan 
in qualitative and quantitative terms, it was not foreseen that 
Taiwan's military equipment would become outdated and, at the same 
time, military equipment would become more sophisticated and more 
costly, placing Taiwan eventually at a defensive disadvantage to China 
which has recently embarked on an extensive military modernization 
program. As the People's Republic of China has modernized its naval 
force, for example, it has also increased its deployments to its 
eastern and southeastern regions.
  Mr. COCHRAN. Mr. President, is it the understanding of the Senator 
from Rhode Island that China's military modernization program has 
increased the perceived threat to Taiwan and obviously increased 
Taiwan's military defense requirements?
  Mr. PELL. Mr. President, the Chinese are engaged in the acquisition 
of modern military equipment, including long-range fighter bombers from 
Russia, that pose a new military challenge to Taiwan given the 
progressive deterioration of Taiwan's aging military equipment. As a 
result of the increasing sophistication of the Chinese military forces 
and the decreasing operability of Taiwan's military forces, Taiwan 
should have the opportunity to purchase from the United States weapons 
appropriate to its needs. President Bush acknowledged the evolving 
threat and changing circumstances when he approved the sale of F-16's 
to Taiwan in 1992. Similar logic should apply to other defensive 
military equipment.
  Mr. COCHRAN. Mr. President, I thank the Senator for his 
clarifications. Based upon his description, I would expect approval by 
the executive branch for the export licenses necessary to sell those 
items to Taiwan which are consistent with existing statutory 
obligations of the United States, such as surface ships and 
conventionally powered coastal patrol submarines.

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