[Congressional Record Volume 140, Number 50 (Monday, May 2, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 2, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                     TAIWAN RELATIONS ACT AMENDMENT

  Mr. MURKOWSKI. Madam President, today the State Department 
authorization bill has been sent to the President for his signature. I 
rise to speak about a particular provision of that bill, section 531, 
because it is an important statement on United States policy toward 
Taiwan.
  Back in July of last year, I added an amendment to the State 
Department bill that reaffirmed the primacy of the Taiwan Relations 
Act, as the law of the land, over the 1982 Joint United States-China 
Communique--the Shanghai Communique--a statement of policy. This 
amendment passed the Senate Foreign Relations Committee by a 20- to-0 
vote.
  I would remind this body that the Taiwan Relations Act was passed 
back in 1979 by a greater than two-thirds vote of each House. It is the 
cornerstone of our relationship with Taiwan. The Shanghai Communique, 
on the other hand, was the result of Executive communications that were 
never ratified by this body.
  Last week, the House and Senate conferees accepted a substitute of my 
original amendment in the form of a statement of Congress that retained 
the intent of the original language to reaffirm the primacy of the 
Taiwan Relations Act [TRA] over statements of policy. I believe this 
amendment is also significant because it reasserts Congress' role, 
together with that of the President, in determining the extent of 
defensive arms sales to Taiwan.
  To understand the intent of the congressional statement, I think it 
is important to look at the relevant language of the TRA and the 
Shanghai Communique:
  Section 3(a) of the TRA says:

       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.

  Section 3(b) says:

       The President and the Congress shall determine the nature 
     and quantity of such defense articles and defense services 
     based solely upon their judgments of the needs of Taiwan * * 
     *

  In the Shanghai Communique, on the other hand, the administration 
pledged:

       To reduce gradually its sales of arms to Taiwan, leading 
     over a period of time to a final resolution.

  The language adopted by the conferees simply reasserts the primacy of 
domestic law over nontreaty understandings, and gives notice to the 
administration that Congress has not been consulted properly over the 
continuing refinement of United States arms sales policy toward Taiwan.
  This congressional statement reflects my concern and the concern of 
many of my colleagues over China's military modernization, its 
increased military spending, and its territorial claims. The increased 
threat from China is real. China is the only declared nuclear power 
increasing its defense budget and military capabilities--an estimated 
22 percent increase over last year. China also reaffirmed its right to 
use force against Taiwan in its white paper on the Taiwan question last 
summer.
  Section 531 of the State authorization bill calls on the President to 
assess changes in PRC capabilities and intentions on a regular basis in 
considering whether it is appropriate to adjust arm sales to Taiwan. 
The language of the amendment makes clear that the United States 
Congress is committed to providing Taiwan the defensive means necessary 
to ensure its safety.
  My intent in pushing for this amendment was to point out the 
inconsistency between telling the Taiwanese that we will provide 
for their defensive needs, but then arbitrarily limiting what we would 
sell them. I am referring here to the so-called ``defense bucket.'' As 
a result of the Shanghai Communique, the ``bucket'' of defensive 
articles and defensive services to Taiwan has been declining--from 
about $820 million in 1982 to approximately $580 million in 1993.

  The TRA is explicit that the nature and quantity of defensive arms 
transferred to Taiwan would be based solely upon the judgment of the 
President and the Congress of the needs of Taiwan. Thus, whether we are 
talking about sales of United States manufacturing equipment on third-
country ships in the Taiwanese Navy or ballistic missile systems, the 
decision must be based on Taiwan's needs, and not on arbitrary 
principles.
  I am pleased that Secretary of State Warren Christopher sent me a 
private letter, as part of our discussion of this amendment, which 
reaffirms the administration's commitment to the provisions of the TRA, 
including acknowledging the TRA's legal precedence over the Shanghai 
Communique.
  But, Madam President, more changes are needed in United States policy 
toward Taiwan. This country must treat Taiwanese with the respect she 
deserves as the world's 14th largest economy and the United States' 6th 
largest trading partner. Taiwan also holds the world's largest foreign 
reserves. Taiwan is a dependable friend to the United States and a good 
International citizen.
  Many United States policies are simply out of date, out of line with 
the practice of our major European allies, and out of touch with 
current realities in East Asia--including the fact that Taiwan and the 
PRC are themselves exchanging citizens and trading, and that Taiwan has 
invested over $10 billion in the PRC.
  I would like to share with you a few examples of policies that should 
be changed.
  First, the administration should change the policy prohibiting high-
level contacts with Taiwanese officials. The current lack of high-level 
exchanges is unnecessary and particularly hypocritical by the Clinton 
administration. For example, last week it is reported that President 
Clinton dropped in on a meeting in the White House between Vice 
President Al Gore and Tibet's exiled leader, the Dalai Lama. This week, 
Hong Kong's Chief Secretary, Mrs. Anson Chan, paid official visits to 
the State Department and the National Security Council. In addition, 
Yasser Arafat visited the White House earlier this year. None of these 
individuals have official U.S. diplomatic status, but in each case the 
White House made a policy decision to have contact because of an 
important goal that it would help advance. The same rationale should 
apply to Taiwan.
  Such a change in policy to allow high-level visits has historical 
precedence. President Bush sent USTR Carla Hills to visit Taiwan. I 
encourage the administration to send Secretary of Commerce Ron Brown or 
USTR Mickey Kantor to Taiwan this summer. The administration should 
also allow Taiwan's economic minister to visit his counterparts in the 
United States.
  The second change that the administration should allow is a change in 
the name of Taiwan's representative office here. Currently, the 
Taiwanese who conduct nondiplomatic activities here are forced to live 
with an acronym more appropriate for a basketball league: CCNAA, the 
Coordinating Council of North American Affairs. Who could make the 
connection to Taiwan if it you were not told directly. This is silly, 
especially for a country that has substantial economic and trading ties 
with the United States. Let the Taiwanese change the name to something 
that at least identifies its place in the world, such as the Taipei 
Representative Office in Washington.
  A third practice that must change is the issuance of visas. 
Currently, when an American gets a visa for Taiwan it bears a Hong Kong 
stamp. This is another example of a policy that bears no relationship 
to any rational policy. More importantly, this is a policy that 
absolutely must be changed because of events. What will we do in 1997 
when Hong Kong reverts to China's control?
  Finally, the administration should take steps to support Taiwanese 
membership in multilateral institutions, such as the GATT, APEC, and 
the United Nations.
  Senator Hank Brown and I included a ``sense of the Congress'' in the 
State Department bill, section 508, urging the President to send 
Cabinet-level appointees to Taiwan and to take other steps to show 
clear United States support for Taiwan both in our bilateral 
relationship and in multilateral organizations such as the GATT and the 
United Nations.
  Madam President, I have been told that the administration is 
conducting an interagency review of its Taiwan policy. I have been told 
that this interagency review has been going on since at least last 
July. I hope that the administration will listen to these 
recommendations as they finalize their review. I know that many of my 
colleagues would support these changes, and I ask my colleagues to 
communicate their views directly to the administration.
  Before concluding, I would like to thank my colleagues on the Senate 
Foreign Relations Committee, in particular Senators Pell and Helms, for 
their steadfast support of my amendment at conference.
  I would also like to thank National Security Adviser Tony Lake, 
Ambassador Winston Lord, Congressman Hamilton, and their staffs for 
working with me and my staff in reaching an agreement in conference on 
the language of the substitute amendment.

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