Explainer | US Taiwan Policy Act: how would it change Washington’s relations with the island and what was Beijing’s reaction?
- The US Foreign Relations Committee has approved legislation that would seriously upgrade ties with Taipei by strengthening defensive and diplomatic links
- It also proposes symbolic changes to the unofficial diplomatic relationship
The Taiwan Policy Act was approved on Wednesday in a 17-5 bipartisan vote.
The bill was introduced by Bob Menendez, the Democrat chairman of the committee, and Republican Lindsey Graham to deter Beijing from trying to undermine the status quo in the Taiwan Strait.
Menendez said the legislation also imposes steep costs on Beijing for hostile actions against Taiwan by setting up a broad regime of economic sanctions.
What are the provisions?
The bill is divided into nine major sections, covering diplomatic, economic and security relations.
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The main measures in the diplomatic sphere include the removal of international restrictions on official interactions with Taiwanese officials, who will be allowed to display the island’s emblem, symbols and flag in meetings with their US counterparts.
It recommends that the US renames Taipei’s de facto embassy in Washington as the “Taiwan Representative Office”, and allows the Taiwanese to enjoy diplomatic treatment equivalent to that given to foreign countries.
The bill says Taiwan should be treated “like a major non-Nato ally” and will amend the 1979 Taiwan Relations Act so that a provision committing the US to provide arms to help the island defend itself will now commit it to supplying “arms conducive to deterring acts of aggression by the People’s Liberation Army”.
The US defence secretary will also be directed to establish a training programme that improves Taiwan’s defensive capabilities and armed forces interoperability.
Other defence-related provisions include the authorisation of US$4.5 billion in foreign military financing appropriations over four years to provide equipment, training and other support to accelerate the modernisation of Taiwan’s military. It also offers foreign military financing and loan guarantee authority of up to US$2 billion.
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It will become US policy to promote Taiwan’s inclusion and participation in international organisations.
Meanwhile, the secretary of state will be directed to submit a strategy for responding to the People’s Republic of China’s increased economic coercion against countries that increase their ties or support for Taiwan.
Finally, there is a provision to impose sanctions on mainland China’s top political leadership and biggest banks if Beijing engages in a “significant escalation in aggression” or takes “physical or political control” of Taiwan. The measures that could trigger this include a naval blockade, a major cyberattack or seizing Taiwan’s outlying islands.
Did the original draft go further?
The Senate committee removed some of the more radical proposals following a meeting between national security adviser Jake Sullivan and congressional leaders.
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The proposal to rename Taiwan’s de facto US embassy has been watered down from a “direction” – something observers said would definitely be seen by Beijing as a breach of the US one-China policy – to a “recommendation”.
A request that the Senate be given the power to approve future envoys to the island has also been removed.
The language surrounding the highly sensitive designation of the island as a “major non-Nato ally” – a similar status to that given to Australia, Israel, Japan and South Korea with regards to expediting arms sales – has also been subtly altered.
Originally it said Taiwan should be “designated” as such, but is now to be treated as “though it were designated a major non-Nato for the purposes of the transfer or possible transfer of defence”.
“The bill we are approving today makes clear the United States does not seek war or increased tensions with Beijing. Just the opposite. We are carefully and strategically lowering the existential threats facing Taiwan by raising the cost of taking the island by force so that it becomes too high a risk and unachievable,” he said.
What happens next?
The bill now heads to the Senate floor. It remains unclear when it will go to a vote.
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But for it to be signed into law by US President Joe Biden, it still needs to clear the Senate floor and the House of Representatives before the end of the congressional session in January.
Does it cross Beijing’s red lines?
Although the White House says it supports some parts of the bill, White House officials have said the bill risks upending the carefully calibrated one-China policy, under which the US has for more than 40 years built ties with Beijing by avoiding formally stating its position on Taiwan’s sovereignty. They also fear it takes policymaking out of the president’s hands and gives it to Congress.
The provisions will been seen as a serious provocation by Beijing, which has never renounced the use of force to bring the island back under the mainland’s control.
Observers said the bill would sharply intensify the confrontation between the US and the mainland and escalate tensions in the region.
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On Thursday, foreign ministry spokeswoman Mao Ning said Beijing strongly opposed the bill, which she said seriously breached US commitments to Beijing and violated the one-China principle and the three joint communiqués that had governed the relationship since the establishment of formal diplomatic relations.
“It constitutes an interference in China’s internal affairs, violates international law and basic norms in international relations, and sends a seriously wrong signal to the Taiwan independence separatist forces,” she said.
