LegiStorm

Summary:

U.S. policy toward Taiwan is unique. Since both the Chinese governments on Taiwan and on mainland China held that they alone were China's legitimate ruling government, U.S. diplomatic relations with Taiwan had to be severed in 1979 when the United States recognized the People's Republic of China (PRC) government as China's sole legitimate government. While maintaining diplomatic relations with the PRC, the United States maintains extensive but unofficial relations with Taiwan based on the framework of the 1979 Taiwan Relations Act (TRA—P.L. 96-8) and shaped by three U.S.-PRC communiqués. U.S. interests in Taiwan include significant commercial ties, objections to PRC military threats against Taiwan, arms sales and security assurances, and support for Taiwan's democratic development. U.S. policy remains rooted in a general notion of maintaining the "status quo" between the two sides. But other factors have changed dramatically since 1979, including growing PRC power and influence, Taiwan's democratization, and the deepening of Taiwan-PRC economic and social linkages. These changes have led to periodic discussions about whether or not U.S. policy should be reviewed or changed. Taiwan's current president, Ma Ying-jeou, elected in March 2008, moved quickly to jump start Taiwan-PRC talks that had been stalled since 1998. The talks to date have yielded agreements to establish regular direct charter flights, direct sea transportation, postal links, and food safety mechanisms. Taiwan also has lifted long-standing caps on Taiwan investment in the PRC and lowered the profile of its bids for participation in U.N. agencies. Many welcome these and other initiatives as contributing to greater regional stability. More pessimistic observers believe growing PRC-Taiwan ties are eroding U.S. influence, strengthening PRC leverage and, particularly in the face of expanding economic links, jeopardizing Taiwan autonomy and economic security. The changing dynamic between Taiwan and the PRC poses difficult, competing policy challenges for the United States. Along with new challenges—such as what U.S. policy should be if Taiwan continues to move closer to the PRC; and how U.S. officials should respond to the life sentence on corruption charges given to former President Chen Shui-bian—the Obama Administration faces other challenges familiar from past years, including decisions on new arms sales to Taiwan, which are anathema to the PRC; how to accommodate requests for visits to the United States by President Ma and other senior Taiwan officials; the overall nature of U.S. relations with the Ma government; whether to pursue closer economic ties with Taiwan; what role, if any, Washington should play in cross-strait relations; and more broadly, what form of defense assurances to offer Taiwan. In addition, the Taiwan government also seeks to raise its international profile in other ways involving the United States. Taiwan successfully has sought to be removed from the U.S. Special 301 "Watch List" for intellectual property rights violations, and it is seeking to qualify for the U.S. Visa Waiver Program (VWP), which eliminates some visa requirements for qualified countries. The Taiwan government also continues to ask for a U.S.-Taiwan Free Trade Agreement (FTA), which would broaden the current and stalled avenue for U.S.-Taiwan trade discussions, the 1994 Trade and Investment Framework (TIFA). Legislation in the 111th Congress concerning Taiwan includes H.Con.Res. 18, urging that the United States resume diplomatic relations with Taiwan; H.Con.Res. 55, expressing U.S. support for and commitment to Taiwan; and S. 1390/H.R. 2647, including a mandatory report assessing the strength and capacity of Taiwan's air force. This report will be updated as events warrant.