22 U.S.C. § 3305 — The American Institute in Taiwan

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 and other related meetings, activities, and mechanisms thereafter, to instruct the United States Mission to the ICAO to officially request observer status for Taiwan at such Assembly, meetings, activities, and mechanisms, to actively urge ICAO member states to support such observer status and participation for Taiwan, and to submit a report to Congress on the strategy developed by not later than 30 days after July 12, 2013. SEMIANNUAL REPORTS ON UNITED STATES SUPPORT FOR MEMBERSHIP OR PARTICIPATION OF TAIWAN IN INTER- NATIONAL ORGANIZATIONS Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VII, § 704], Nov. 29, 1999, 113 Stat. 1536, 1501A–460, provided that: ‘‘(a) REPORTS REQUIRED.—Not later than 60 days after the date of enactment of this Act [Nov. 29, 1999], and every 6 months thereafter for fiscal years 2000 and 2001, the Secretary of State shall submit to Congress a re- port in a classified and unclassified manner on the sta- tus of efforts by the United States Government to sup- port— ‘‘(1) the membership of Taiwan in international or- ganizations that do not require statehood as a pre- requisite to such membership; and ‘‘(2) the appropriate level of participation by Tai- wan in international organizations that may require statehood as a prerequisite to full membership. ‘‘(b) REPORT ELEMENTS.—Each report under sub- section (a) shall— ‘‘(1) set forth a comprehensive list of the inter- national organizations in which the United States Government supports the membership or participa- tion of Taiwan; ‘‘(2) describe in detail the efforts of the United States Government to achieve the membership or participation of Taiwan in each organization listed; and ‘‘(3) identify the obstacles to the membership or participation of Taiwan in each organization listed, including a list of any governments that do not sup- port the membership or participation of Taiwan in each such organization.’’ § 3304. Overseas Private Investment Corporation (a) Removal of per capita income restriction on Corporation activities with respect to invest- ment projects on Taiwan During the three-year period beginning on April 10, 1979, the $1,000 per capita income re- striction in clause (2) of the second undesignated paragraph of section 2191 1 of this title shall not restrict the activities of the Overseas Private Investment Corporation in determining whether to provide any insurance, reinsurance, loans, or guaranties with respect to investment projects on Taiwan. (b) Application by Corporation of other criteria Except as provided in subsection (a) of this section, in issuing insurance, reinsurance, loans, or guaranties with respect to investment projects on Taiwan, the Overseas Private Insur- ance 2 Corporation shall apply the same criteria as those applicable in other parts of the world. (Pub. L. 96–8, § 5, Apr. 10, 1979, 93 Stat. 16.) Editorial Notes REFERENCES IN TEXT Section 2191 of this title, referred to in subsec. (a), was repealed by Pub. L. 115–254, div. F, title VI, § 1464(2), Oct. 5, 2018, 132 Stat. 3513. 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. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the Overseas Private Investment Corpora- tion to the United States International Development Finance Corporation and treatment of related ref- erences, see sections 9683 and 9686(d) of this title. § 3305. The American Institute in Taiwan (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 con- ducted and carried out by or through— (1) The American Institute in Taiwan, a non- profit corporation incorporated under the laws of the District of Columbia, or (2) such comparable successor nongovern- mental entity as the President may designate, (hereafter in this chapter referred to as the ‘‘In- stitute’’). (b) Agreements or transactions relative to Tai- wan entered into, performed, and enforced Whenever the President or any agency of the United States Government is authorized or re- Page 1335 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3308 1 So in original. Probably should not be capitalized. quired 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 Presi- dent, 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, regula- tion, or ordinance shall be deemed to be pre- empted by this chapter. (Pub. L. 96–8, § 6, Apr. 10, 1979, 93 Stat. 17.) 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. § 3306. Services to United States citizens on Tai- wan (a) Authorized services The Institute may authorize any of its em- ployees on Taiwan— (1) to administer to or take from any person an oath, affirmation, affidavit, or deposition, and to perform any notarial act which any no- tary public is required or authorized by law to perform within the United States; (2) To 1 act as provisional conservator of the personal estates of deceased United States citizens; and (3) to assist and protect the interests of United States persons by performing other acts such as are authorized to be performed outside the United States for consular pur- poses by such laws of the United States as the President may specify. (b) Acts by authorized employees Acts performed by authorized employees of the Institute under this section shall be valid, and of like force and effect within the United States, as if performed by any other person au- thorized under the laws of the United States to perform such acts. (Pub. L. 96–8, § 7, Apr. 10, 1979, 93 Stat. 17.) 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. § 3307. Exemption from taxation (a) United States, State, or local taxes The Institute, its property, and its income are exempt from all taxation now or hereafter im- posed by the United States (except to the extent that section 3310(a)(3) of this title requires the imposition of taxes imposed under chapter 21 of title 26, relating to the Federal Insurance Con- tributions Act) or by any State or local taxing authority of the United States. (b) Charitable contributions; transfers for public, charitable, and religious uses; charitable and similar gifts For purposes of title 26, the Institute shall be treated as an organization described in sections 170(b)(1)(A), 170(c), 2055(a), 2106(a)(2)(A), 2522(a), and 2522(b) of title 26. (Pub. L. 96–8, § 8, Apr. 10, 1979, 93 Stat. 17; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) Editorial Notes REFERENCES IN TEXT The Federal Insurance Contributions Act, referred to in subsec. (a), is act Aug. 16, 1954, ch. 736, §§ 3101, 3102, 3111, 3112, 3121 to 3128, 68A Stat. 415, which is classified generally to chapter 21 (§ 3101 et seq.) of Title 26, Inter- nal Revenue Code. For complete classification of this Act to the Code, see section 3128 of Title 26 and Tables. AMENDMENTS 1986—Pub. L. 99–514 substituted in subsecs. (a) and (b) ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. 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. § 3308. Activities of United States Government agencies (a) Sale, loans, or lease of property; administra- tive and technical support functions and services Any agency of the United States Government is authorized to sell, loan, or lease property (in- cluding interests therein) to, and to perform ad- ministrative and technical support functions and services for the operations of, the Institute upon such terms and conditions as the President may direct. Reimbursements to agencies under this subsection shall be credited to the current applicable appropriation of the agency con- cerned. (b) Acquisition and acceptance of services Any agency of the United States Government is authorized to acquire and accept services from the Institute upon such terms and condi- tions as the President may direct. Whenever the President determines it to be in furtherance of the purposes of this chapter, the procurement of services by such agencies from the Institute may be effected without regard to such laws of the United States normally applicable to the ac- quisition of services by such agencies as the President may specify by Executive order. (c) Institute books and records; access; audit Any agency of the United States Government making funds available to the Institute in ac-