[United States Statutes at Large, Volume 126, 112th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
[NOTE: Sept. 11, 2012 -  [S.Con.Res.17] TAIWAN--INTERNATIONAL CIVIL AVIATION ORGANIZATION OBSERVER STATUS

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


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126 STAT. 2514

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 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;


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126 STAT. 2515

(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.

Agreed to September 11, 2012.