[United States Statutes at Large, Volume 127, 113th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 113-17
113th Congress

An Act


 
To direct the Secretary of State to develop a strategy to obtain
observer status for Taiwan at the triennial International Civil Aviation
Organization Assembly, and for other purposes. <>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. <> CONCERNING THE
PARTICIPATION OF TAIWAN IN THE
INTERNATIONAL CIVIL AVIATION
ORGANIZATION.

(a) Findings.--Congress makes the following findings:
(1) Safe, secure, and economical international air
navigation and transport is important to every citizen of the
world, and safe skies are ensured through uniform aviation
standards, harmonization of security protocols, and expeditious
dissemination of information regarding new regulations and other
relevant matters.
(2) Direct and unobstructed participation in international
civil aviation forums and programs is beneficial for all nations
and their civil aviation authorities. Civil aviation is vital to
all due to the international transit and commerce it makes
possible, but must also be closely regulated due to the possible
use of aircraft as weapons of mass destruction or to transport
biological, chemical, and nuclear weapons or other dangerous
materials.
(3) The Convention on International Civil Aviation, signed
in Chicago, Illinois, on December 7, 1944, and entered into
force April 4, 1947, established 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.''.
(4) The terrorist attacks of September 11, 2001,
demonstrated that the global civil aviation network is subject
to vulnerabilities that can be exploited in one country to harm
another. The ability of civil aviation authorities to
coordinate, preempt and act swiftly and in unison is an
essential element of crisis prevention and response.
(5) 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

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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''.
(6) The Taipei Flight Information Region, under the
jurisdiction of Taiwan, covers 180,000 square nautical miles of
airspace and provides air traffic control services to over 1.2
million flights annually, with the Taiwan Taoyuan International
Airport recognized as the 10th and 19th largest airport by
international cargo volume and number of international
passengers, respectively in 2011.
(7) Despite the established international consensus
regarding a uniform approach to aviation security that fosters
international cooperation, 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.
(8) On October 8, 2010, the Department of State praised the
37th ICAO Assembly on its adoption of a 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''.
(9) On October 2, 2012, Taiwan became the 37th participant
to join the United States Visa Waiver program, which is expected
to stimulate tourism and commerce that will rely increasingly on
international commercial aviation.
(10) The Government of Taiwan's exclusion from the ICAO
constitutes a serious gap in global standards that should be
addressed at the earliest opportunity in advance of the 38th
ICAO Assembly in September 2013.
(11) The Federal Aviation Administration and its counterpart
agencies in Taiwan have enjoyed close collaboration on a wide
range of issues related to innovation and technology, civil
engineering, safety and security, and navigation.
(12) The ICAO has allowed a wide range of observers to
participate in the activities of the organization.
(13) The United States, in the 1994 Taiwan Policy Review,
declared its intention to support Taiwan's participation in
appropriate international organizations and has consistently
reiterated that support.
(14) Senate Concurrent Resolution 17, agreed to on September
11, 2012, affirmed the sense of Congress that--
(A) meaningful participation by the Government of
Taiwan as an observer in the meetings and activities of
the ICAO will contribute both to the fulfillment of the
ICAO's overarching mission and to the success of a
global

[[Page 482]]

strategy to address aviation security threats based on
effective international cooperation; and
(B) the United States Government should take a
leading role in garnering international support for the
granting of observer status to Taiwan in the ICAO.
(15) Following the enactment of Public Law 108-235, a law
authorizing the Secretary of State to initiate and implement a
plan to endorse and obtain observer status for Taiwan at the
annual summit of the World Health Assembly and subsequent
advocacy by the United States, Taiwan was granted observer
status to the World Health Assembly for four consecutive years
since 2009. Both prior to and in its capacity as an observer,
Taiwan has contributed significantly to the international
community's collective efforts in pandemic control, monitoring,
early warning, and other related matters.
(16) ICAO rules and existing practices allow for the
meaningful participation of non-contracting countries as well as
other bodies in its meetings and activities through granting of
observer status.

(b) Taiwan's Participation at ICAO.--The Secretary of State shall--
(1) develop a strategy to obtain observer status for Taiwan
at the triennial ICAO Assembly--next held in September 2013 in
Montreal, Canada--and other related meetings, activities, and
mechanisms thereafter; and
(2) instruct the United States Mission to the ICAO to
officially request observer status for Taiwan at the triennial
ICAO Assembly and other related meetings, activities, and
mechanisms thereafter and to actively urge ICAO member states to
support such observer status and participation for Taiwan.

(c) Report Concerning Observer Status for Taiwan at the ICAO
Assembly.--Not later than 30 days after the date of the enactment of
this Act, the Secretary of State shall submit to Congress a report, in
unclassified form, describing the United States strategy to endorse and
obtain observer status for Taiwan at the triennial ICAO Assembly and at
subsequent ICAO Assemblies and at other related meetings, activities,
and mechanisms thereafter. The report shall include the following:
(1) A description of the efforts the Secretary of State has
made to encourage ICAO member states to promote Taiwan's bid to
obtain observer status.

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(2) The steps the Secretary of State will take to endorse
and obtain observer status for Taiwan in ICAO and at other
related meetings, activities, and mechanisms thereafter.

Approved July 12, 2013.

LEGISLATIVE HISTORY--H.R. 1151 (S. 579):
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SENATE REPORTS: No. 113-42 (Comm. on Foreign Relations) accompanying
S. 579.
CONGRESSIONAL RECORD, Vol. 159 (2013):
June 18, considered and passed House.
June 27, considered and passed Senate.