[Congressional Record (Bound Edition), Volume 157 (2011), Part 5]
[Senate]
[Pages 7174-7175]
[From the U.S. Government Publishing Office, www.gpo.gov]




SENATE CONCURRENT RESOLUTION 17--EXPRESSING THE SENSE OF CONGRESS THAT 
 TAIWAN SHOULD BE ACCORDED OBSERVER STATUS IN THE INTERNATIONAL CIVIL 
                      AVIATION ORGANIZATION (ICAO)

  Mr. MENENDEZ (for himself, Mr. Inhofe, Mr. Wyden, Mr. Brown of Ohio, 
Mr. Cardin, Mr. Coats, Mr. Barrasso, Mr. Crapo, and Mr. Kyl) submitted 
the following concurrent resolution; which was referred to the 
Committee on Foreign Relations:

                            S. Con. Res. 17

       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, the 37th ICAO Assembly in October 2010 adopted a 
     Declaration on Aviation Security largely in response to the 
     attempted sabotage of Northwest Airlines Flight 253 on 
     December 25, 2009, which established new criminal penalties 
     for the use of civil aircraft as a weapon, the use of 
     dangerous materials to attack aircraft or other targets on 
     the ground, and the unlawful

[[Page 7175]]

     transport of biological, chemical, and nuclear weapons and 
     related materials, along with extradition arrangements that 
     facilitate cooperation among nations in apprehending and 
     prosecuting those who have undertaken these and other 
     criminal acts;
       Whereas on October 8, 2010, the Department of State praised 
     the 37th ICAO Assembly on its adoption of the Declaration on 
     Aviation Security, but noted that ``because every airport 
     offers a potential entry point into this global system, every 
     nation faces the threat from gaps in aviation security 
     throughout the world -- and all nations must share the 
     responsibility for securing that system'';
       Whereas the Taipei Flight Information Region, under the 
     jurisdiction of Taiwan, ROC, covers an airspace of 176,000 
     square nautical miles and provides air traffic control 
     services to over 1,350,000 flights annually, with the Taiwan 
     Taoyuan International Airport recognized as the 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 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''; 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 Senate (the House of Representatives 
     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 garnering international support for the granting of 
     observer status to Taiwan in the ICAO for the purpose of such 
     participation; and
       (3) the 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 attainment of 
     observer status in the ICAO.

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