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22 U.S.C. § 3305 — The American Institute in Taiwan
Federal law — U.S. Code and appendices · legal_authorities
**(a) Conduct of programs, transactions, or other relations with respect to Taiwan** Programs, transactions, and other relations conducted or carried out by the President or any agency of the United States Government with respect to Taiwan shall, in the manner and to the extent directed by the President, be conducted and carried out by or through—
(1) The American Institute in Taiwan, a nonprofit corporation incorporated under the laws of the District of Columbia, or
(2) such comparable successor nongovernmental entity as the President may designate,(hereafter in this chapter referred to as the “Institute”).
**(b) Agreements or transactions relative to Taiwan entered into, performed, and enforced** 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 enter into, perform, enforce, or have in force an agreement or transaction relative to Taiwan, such agreement or transaction shall be entered into, performed, and enforced, in the manner and to the extent directed by the President, by or through the Institute.
**(c) Preemption of laws, rules, regulations, or ordinances of District of Columbia, States, or political subdivisions of States** To the extent that any law, rule, regulation, or ordinance of the District of Columbia, or of any State or political subdivision thereof in which the Institute is incorporated or doing business, impedes or otherwise interferes with the performance of the functions of the Institute pursuant to this chapter, such law, rule, regulation, or ordinance shall be deemed to be preempted by this chapter.
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Source file: Laws/federal/codes/united-states-code/title-22/section-3305-the-american-institute-in-taiwan--ae0715db19.md
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Source location: Title 22, Chapter 48, § 3305; chapter-048-taiwan-relations.md
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**(a) Conduct of programs, transactions, or other relations with respect to Taiwan** Programs, transactions, and other relations conducted or carried out by the President or any agency of the United States Government with respect to Taiwan shall, in the manner and to the extent directed by the President, be conducted and carried out by or through—
(1) The American Institute in Taiwan, a nonprofit corporation incorporated under the laws of the District of Columbia, or
(2) such comparable successor nongovernmental entity as the President may designate,(hereafter in this chapter referred to as the “Institute”).
**(b) Agreements or transactions relative to Taiwan entered into, performed, and enforced** 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 enter into, perform, enforce, or have in force an agreement or transaction relative to Taiwan, such agreement or transaction shall be entered into, performed, and enforced, in the manner and to the extent directed by the President, by or through the Institute.
**(c) Preemption of laws, rules, regulations, or ordinances of District of Columbia, States, or political subdivisions of States** To the extent that any law, rule, regulation, or ordinance of the District of Columbia, or of any State or political subdivision thereof in which the Institute is incorporated or doing business, impedes or otherwise interferes with the performance of the functions of the Institute pursuant to this chapter, such law, rule, regulation, or ordinance shall be deemed to be preempted by this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The President having terminated governmental relations between the United States and the governing authorities on Taiwan recognized by the United States as the Republic of China prior to January 1, 1979, the Congress finds that the enactment of this chapter is necessary—
(1) to help maintain peace, security, and stability in the Western Pacific; and
(2) to promote the foreign policy of the United States by authorizing the continuation of commercial, cultural, and other relations between the people of the United States and the people on Taiwan.
**(b) Policy** It is the policy of the United States—
(1) to preserve and promote extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people on Taiwan, as well as the people on the China mainland and all other peoples of the Western Pacific area;
(2) to declare that peace and stability in the area are in the political, security, and economic interests of the United States, and are matters of international concern;
(3) to make clear that the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means;
(4) to consider any effort to determine the future of Taiwan by other than peaceful means, including by boycotts or embargoes, a threat to the peace and security of the Western Pacific area and of grave concern to the United States;
(5) to provide Taiwan with arms of a defensive character; and
(6) to maintain the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan.
**(c) Human rights** Nothing
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application of United States laws generally** The absence of diplomatic relations or recognition shall not affect the application of the laws of the United States with respect to Taiwan, and the laws of the United States shall apply with respect to Taiwan in the manner that the laws of the United States applied with respect to Taiwan prior to January 1, 1979.
**(b) Application of United States laws in specific and enumerated areas** The application of subsection (a) of this section shall include, but shall not be limited to, the following:
(1) Whenever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Taiwan.
(2) Whenever authorized by or pursuant to the laws of the United States to conduct or carry out programs, transactions, or other relations with respect to foreign countries, nations, states, governments, or similar entities, the President or any agency of the United States Government is authorized to conduct and carry out, in accordance with [section 3305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3305&num=0&edition=prelim), such programs, transactions, and other relations with respect to Taiwan (including, but not limited to, the performance of services for the United States through contracts with commercial entities on Taiwan), in accordance with the applicable laws of the United States.
(3)
(A) The absence of diplomatic relations and recognition with respect to Taiwan shall not abrogate, infringe, modify, deny, or otherwise affect in any way any rights or obligations (including but not limited to those involving contracts, debts, or property interests of any kind) unde
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3303
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Federal law — U.S. Code and appendices · legal_authorities
Page 1334
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 3304
1 See References in Text note below.
2 So in original. Probably should be ‘‘Investment’’.
(Pub. L. 96–8, § 4, Apr. 10, 1979, 93 Stat. 15.)
Editorial Notes
REFERENCES IN TEXT
The Atomic Energy Act of 1954, referred to in subsec.
(b)(5), is act Aug. 1, 1946, ch. 724, as added by act Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified
principally to chapter 23 (§ 2011 et seq.) of Title 42, The
Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out
under section 2011 of Title 42 and Tables.
The Nuclear Non-Proliferation Act of 1978, referred to
in subsec. (b)(5), is Pub. L. 95–242, Mar. 10, 1978, 92 Stat.
120, which is classified principally to chapter 47 (§ 3201
et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under sec-
tion 3201 of this title and Tables.
The Immigration and Nationality Act, referred to in
subsec. (b)(6), is act June 27, 1952, ch. 477, 66 Stat. 163,
which is classified principally to chapter 12 (§ 1101 et
seq.) of Title 8, Aliens and Nationality. For complete
classification of this Act to the Code, see Short Title
note set out under section 1101 of Title 8 and Tables.
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.
CONCERNING THE PARTICIPATION OF TAIWAN IN THE
INTERNATIONAL CIVIL AVIATION ORGANIZATION
Pub. L. 113–17, § 1, July 12, 2013, 127 Stat. 480, directed
the Secretary of State to develop a strategy to obtain
observer status for Taiwan at the triennial Inter-
national Civil Aviation Organization (ICAO) Assembly
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 3305
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