22 U.S.C. § 3309: Taiwan instrumentality

Summary

When the United States is to give or receive actions, assurances, or other official dealings with Taiwan under U.S. law, the President must use a Taiwan entity that the President decides has the legal power under Taiwan’s laws to act for Taiwan and must do so as the President directs. The President is asked to give that Taiwan entity the same number of U.S. offices and staff that the Republic of China had here before January 1, 1979. If Taiwan gives similar legal protections to the Institute and its staff, the President may grant comparable protections and privileges to the Taiwan entity and its staff, with any needed conditions.

Title 22, §3309

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Establishment of instrumentality; Presidential determination of necessary authority

Whenever the President or any agency of the United States Government is authorized or required by or pursuant to the laws of the United States to render or provide to or to receive or accept from Taiwan, any performance, communication, assurance, undertaking, or other action, such action shall, in the manner and to the extent directed by the President, be rendered or provided to, or received or accepted from, an instrumentality established by Taiwan which the President determines has 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 this chapter.

(b)Offices and personnel

The President is requested to extend to the instrumentality established by Taiwan the same number of offices and complement of personnel as were previously operated in the United States by the governing authorities on Taiwan recognized as the Republic of China prior to January 1, 1979.

(c)Privileges and immunities

Upon the granting by Taiwan of comparable privileges and immunities with respect to the Institute and its appropriate personnel, the President is authorized to extend with respect to the Taiwan instrumentality and its appropriate personnel, such privileges and immunities (subject to appropriate conditions and obligations) as may be necessary for the effective performance of their functions.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective as of January 1, 1979, see section 18 of Pub. L. 96–8, set out as a note under section 3301 of this title.

§3309 Taiwan Instrumentality

Summary

Title 22, §3309

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata