[Weekly Compilation of Presidential Documents Volume 32, Number 33 (Monday, August 19, 1996)]
[Pages 1453-1455]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13014--Maintaining Unofficial Relations With the People 
on Taiwan

August 15, 1996

    In light of the recognition of the People's Republic of China by the 
United States of America as the sole legal government of China, and by 
the authority vested in me as President of the United States of America 
by the Taiwan Relations Act (Public Law 96-8, 22 U.S.C. 3301 et seq.) 
(``Act''), and section 301 of title 3, United States Code, in order to 
facilitate the maintenance of commercial, cultural, and other relations 
between the people of the United States and the people on Taiwan with 
official representation or diplomatic relations, it is hereby ordered as 
follows:
    Section 1. Delegation and Reservation of Functions.
    1-101. Exclusive of the functions otherwise delegated, or reserved 
to the President by this order, there are delegated to the Secretary of 
State (``Secretary'') all functions conferred upon the President by the 
Act, in concluding the authority under section 7(a) of the Act to 
specify which laws of the United State relative to the provision of 
consular services may be administered by employees of the American 
Institute on Taiwan (``Institute''). In carrying out these functions, 
the Secretary may redelegate his authority, and shall consult with other 
departments and agencies as he deems appropriate.

[[Page 1454]]

    1-102. There are delegated to the Director of the Office of 
Personnel Management the functions conferred upon the President by 
paragraphs (1) and (2) of section 11(a) of the Act. These functions 
shall be exercised in consultation with the Secretary.
    1-103. There are reserved to the President the functions conferred 
upon the President by section 3, the second sentence of section 9(b), 
and the determination specified in section 10(a) of the Act.
    Sec. 2. Specification of Laws and Determinations.
    2-201. Pursuant to section 9(b) of the Act, and in furtherance of 
the purposes of the Act, the procurement of services may be effected by 
the Institute without regard to the following provisions of law and 
limitations of authority as they may be amended from time to time:
    (a) Sections 1301(d) and 1341 of title 31, United States Code, and 
            section 3732 of the Revised Statutes (41 U.S.C. 11) to the 
            extent necessary to permit the indemnification of 
            contractors against unusually hazardous risks, as defied in 
            Institute contracts, consistent, to the extent practicable, 
            with section 52.228-7 of the Federal Acquisition 
            Regulations;
    (b) Section 3324 of title 31, United States Code;
    (c) Sections 3709, 3710, and 3735 of the Revised Statutes, as 
            amended (41 U.S.C. 5, 8, and 13);
    (d) Section 2 of title III of the Act of March 3, 1933 (41 U.S.C. 
            10a);
    (e) Title III of the Federal Property and Administrative Services 
            Act of 1949, as amended (41 U.S.C. 601-613);
    (f) The Contract Disputes Act of 1978; as amended (41 U.S.C. 601-
            613);
    (g) Chapter 137 of title 10, United States Code (10 U.S.C. 2301-
            2316);
    (h) The Act of May 11, 1954 (the ``Anti-Wunderlich Act'') (41 U.S.C. 
            321, 322); and
    (i) Section (f) of 41 U.S.C. 423.
    2-202. (a) With respect to cost-type contracts with the Institute 
under which no fee is charged or paid, amendments and modifications of 
such contracts may be made with or without consideration and may be 
utilized to accomplish the same things any original contract could have 
accomplished, irrespective of the time or circumstances of the making, 
or the form of the contract amended or modified, or of the amending or 
modifying contract and irrespective of rights that may have accrued 
under the contractor the amendments or modifications thereof.
    (b) With respect to contracts heretofore or hereafter made under the 
act, other than those described in subsection (a) of this section, 
amendments and modifications of such contracts may be made with or 
without consideration and may be utilized to accomplish the same things 
as any original contract could have accomplished, irrespective of the 
time or circumstances of the making, or the form of the contract amended 
or modified, or of the amending or modifying contract, and irrespective 
of rights that may have accrued under the contract or the amendments or 
modifications thereof, if the Secretary determines in each case that 
such action is necessary to protect the foreign policy interests of the 
United States.
    2-203. Pursuant to section 10(a) of the Act, the Taipei Economic and 
Cultural Representative Office in the United States (``TECRO''), 
formerly the Coordination Council for North America Affairs (``CCNAA''), 
is determined to be the instrumentality established by the people on 
Taiwan having the necessary authority under the laws applied by the 
people on Taiwan to provide assurances and take other actions on behalf 
of Taiwan in accordance with the Act. Nothing contained in this 
determination or order shall affect, or be construed to affect, the 
continued validity of agreements, contracts or other undertakings, of 
whatever kind or nature, entered into previously by CCNAA.
    Sec. 3. President's Memorandum of December 30, 1978.
    3-301 Agreements and arrangements referred to in paragraph (B) of 
President Carter's memorandum of December 30, 1978, entitled ``Relations 
With the People on Taiwan'' (44 FR 1075) shall, unless otherwise 
terminated or modified in accordance with law, continue in force and be 
performed in accordance with the Act and this order.

[[Page 1455]]

    Sec. 4. General. This order supersedes Executive Order No. 12143 of 
June 22, 1979.
                                            William J. Clinton
The White House,

August 15, 1996.

    [Filed with the Office of the Federal Register, 11:24 a.m., August 
16, 1996]

Note: this Executive order was published in the Federal Register on 
August 19.