Category: Resources

Categories
U.S. Government

September 24, 2018 – U.S. Foreign Military Sales Order (FMSO) II to Taiwan

On September 24, 2018 the Defense Security Cooperation Agency (DSCA) made the following statement:

The State Department has made a determination approving a possible Foreign Military Sales Order (FMSO) II to provide funds for blanket order requisitions to the Taipei Economic and Cultural Representative Office in the United States (TECRO) for an estimated cost of $330 million. The Defense Security Cooperation Agency delivered the required certification notifying Congress of this possible sale today. TECRO has requested a Foreign Military Sales Order (FMSO) II to provide funds for blanket order requisitions, under a Cooperative Logistics Supply Support Arrangement for stock replenishment supply of standard spare parts, and repair/replace of spare parts in support of the F-16, C-130, F-5, Indigenous Defense Fighter (IDF), all other aircraft systems and subsystems, and other related elements of logistics and program support. The total estimated program cost is $330 million.

This proposed sale is consistent with U.S. law and policy as expressed in Public Law 96-8.This proposed sale will contribute to the foreign policy and national security of the United States by helping to improve the security and defensive capability of the recipient, which has been and continues to be an important force for political stability, military balance, and economic progress in the region. The proposed sale of spare and repair parts is required to maintain the recipient’s defensive and transport aerial fleet. The recipient has been operating these fleets since 1996 and will have no difficulty absorbing this equipment and support into its armed forces.

The proposed sale of this equipment and support will not alter the basic military balance in the region. There are no principal contractors involved with this potential sale. There are no known offset agreements proposed in connection with this potential sale. Implementation of this proposed sale will not require the permanent assignment of any U.S. Government or contractor representatives. There will be no adverse impact on U.S. defense readiness as a result of this proposed sale. This notice of a potential sale is required by law and does not mean the sale has been concluded.

All questions regarding this proposed Foreign Military Sale should be directed to the State Department’s Bureau of Political Military Affairs, Office of Congressional and Public Affairs, pm-cpa@state.gov.

The original news release is available on the DSCA website:
http://www.dsca.mil/major-arms-sales/taipei-economic-and-cultural-representative-office-united-states-tecro-foreign

Categories
News U.S. Government

2018 – Military and Security Developments Involving the People’s Republic of China

The U.S. Department of Defense has released its annual report to Congress on the military power of China.

2018 – Military and Security Developments Involving the People’s Republic of China (PDF)

2018 – Military Power Report Fact Sheet (PDF)

Force Modernization for a Taiwan Contingency

 

 
China appears prepared to defer the use of force as long as it believes that unification over the long-term remains possible and that the costs of conflict outweigh the benefits. China argues that the credible threat of force is essential to maintain the conditions for political progress and to prevent Taiwan from making moves toward de jure independence. China has refused for decades to renounce the use of force to resolve the Taiwan issue. Simultaneously, China’s leaders proclaim their desire for peaceful unification under the principle of “one country, two systems,” most recently as part of President Xi Jinping’s address opening the CCP’s 19th Party Congress.

The circumstances under which the mainland has historically warned that it would use force have evolved over time in response to the island’s declarations of its political status, changes in PLA capabilities, and China’s view of Taiwan’s relations with other countries. These circumstances have included:

  • Formal declaration of Taiwan independence;
  • Undefined moves toward Taiwan independence;
  • Internal unrest on Taiwan;
  • Taiwan’s acquisition of nuclear weapons;
  • Indefinite delays in the resumption of cross-Strait dialogue on unification;
  • Foreign intervention in Taiwan’s internal affairs; and
  • Foreign forces stationed on Taiwan.

Article 8 of China’s March 2005 Anti-Secession Law states that China may use “non-peaceful means” if “secessionist forces … cause the fact of Taiwan’s secession from China,” if “major incidents entailing Taiwan’s secession” occur, or if “possibilities for peaceful reunification” are exhausted.

The ambiguity of these conditions preserves China’s flexibility. In December 2017, Chinese Embassy official Li Kexin, in response to U.S. Congressional language recommending the U.S. Navy explore visiting Taiwan, stated that such a visit would prompt China to take Taiwan by force.

Key Takeaways

Key takeaways listed in the report include:
 

  • While China advocates for peaceful reunification with Taiwan, China has never repudiated the use of military force, and continues to develop and deploy increasingly advanced capabilities needed for a potential military campaign.
  • Circumstances that would prompt the use of force remain ambiguous, preserving China’s flexibility.
  • Multiple military options exist for a Taiwan campaign, ranging from an air and maritime blockade to a full-scale amphibious invasion to seize and occupy some or all of Taiwan or its offshore islands.
  • China could engage in a deliberate force buildup to signal an imminent military campaign or conduct a surprise campaign to force rapid military and political resolutions before other countries could respond.
  • Should the United States intervene, China would try to delay effective intervention and seek victory in a high-intensity, limited war of short duration.
  • The PLA aims to increase its ability to conduct complex joint operations.
  • Although ongoing reforms may decrease near-term readiness, in the long-term they should enable better planning and preparation for joint military operations across the Taiwan Strait. PLA services and support forces continue to improve training and acquire new capabilities for a Taiwan contingency.
  • Although the PLAN seeks to achieve maritime superiority within the first island chain and to deter a third party from intervening in a Taiwan campaign, there is no indication it is significantly expanding its landing ship force necessary for an amphibious assault on Taiwan.
  • Taiwan’s advantages continue to decline as China’s modernization efforts continue.
  • Taiwan’s transition to an all-volunteer force by 2019 will be costlier than anticipated, straining the limited defense budget and diverting funds from defense acquisition, training, and readiness.
  • To counter China’s improving capabilities, Taiwan is developing new concepts and capabilities for asymmetric warfare.
  • The PLAA and PLANMC continue to equip, plan, and train for sustained amphibious operations.
  • The PLAN did not make significant additions to its amphibious fleet in 2017 but launched a YUZHAO LPD that could enter service in 2018.
Categories
U.S. Government

Taiwan in the National Defense Authorization Act (NDAA), 2019

Update, August 13, 2018

On this date, President Trump signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019 into law (Public Law No: 115-232).

Update, August 3, 2018

On this date, Congress submitted the 2019 NDAA to the President for signature. The following Taiwan-related language was included in the final version of the bill:

SEC. 1257. Strengthening Taiwan’s Force Readiness.
(a) DEFENSE ASSESSMENT. – The Secretary of Defense shall, in consultation with appropriate counterparts of Taiwan, conduct a comprehensive assessment of Taiwan’s military forces, particularly Taiwan’s reserves. The assessment shall provide recommendations to improve the efficiency, effectiveness, readiness, and resilience of Taiwan’s self-defense capability in the following areas:
(1) Personnel management and force development, particularly reserve forces.
(2) Recruitment, training, and military programs.
(3) Command, control, communications and intelligence.
(4) Technology research and development.
(5) Defense article procurement and logistics.
(6) Strategic planning and resource management.

(b) REPORT REQUIRED. –
(1) IN GENERAL. – Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report containing each of the following:
(A) A summary of the assessment conducted pursuant to subsection (a).
(B) A list of any recommendations resulting from such assessment.
(C) A plan for the United States, including by using appropriate security cooperation authorities, to–
(i) facilitate any relevant recommendations from such list;
(ii) expand senior military-to-military engagement and joint training by the United States Armed Forces with the military of Taiwan; and
(iii) support United States foreign military sales and other equipment transfers to Taiwan, particularly for developing asymmetric warfare capabilities.
(2) APPROPRIATE SECURITY COOPERATION AUTHORITIES – For purposes of the plan described in paragraph (1)(C), the term “appropriate security cooperation authorities” means–
(A) section 311 of title 10, United States Code (relating to exchange of defense personnel);
(B) section 332 such title (relating to defense institution building); and
(C) other security cooperation authorities under chapter 16 of such title.
(3) APPROPRIATE CONGRESSIONAL COMMITTEES. – In this subsection, the term “appropriate congressional committees” means–
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

SEC. 1258. Sense of Congress on Taiwan.
It is the sense of Congress that –
(1) the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and the “Six Assurances” are both cornerstones of United States relations with Taiwan;

(2) the United States should strengthen defense and security cooperation with Taiwan to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability;

(3) the United States should strongly support the acquisition by Taiwan of defensive weapons through foreign military sales, direct commercial sales, and industrial cooperation, with a particular emphasis on asymmetric warfare and undersea warfare capabilities, consistent with the Taiwan Relations Act;

(4) the United States should improve the predictability of arms sales to Taiwan by ensuring timely review of and response to requests of Taiwan for defense articles and defense services;

(5) the Secretary of Defense should promote Department of Defense policies concerning exchanges that enhance the security of Taiwan, including—
(A) opportunities for practical training and military exercises with Taiwan; and
(B) exchanges between senior defense officials and general officers of the United States and Taiwan
consistent with the Taiwan Travel Act (Public Law 115-135);

(6) the United States and Taiwan should expand cooperation in humanitarian assistance and disaster relief; and

(7) the Secretary of Defense should consider supporting the visit of a United States hospital ship to Taiwan as part of the annual “Pacific Partnership” mission in order to improve disaster response planning and preparedness as well as to strengthen cooperation between the United States and Taiwan.

Update, July 23, 2018

On this date, the conference report, reconciling the House and Senate versions of the bill, was filed. The conference report was agreed to in the House on July 26, 2018 and in the Senate on August 1, 2018.

The conference report notes:

Strengthening Taiwan’s force readiness (sec. 1257).
The House bill contained a provision (sec. 1253) that would direct the Secretary of Defense to conduct a comprehensive assessment, in consultation with appropriate counterparts of Taiwan, on ways to enhance and reform Taiwan’s military forces, particularly Taiwan’s reserve forces. The provision would also require that the assessment include recommendations to strengthen bilateral cooperation and improve Taiwan’s self-defense capabilities. The provision would require the Secretary of Defense, in consultation with the Secretary of State, to submit a report on the assessment and a list of recommendations and planned actions to the appropriate congressional committees not later than 1 year after the date of the enactment of this Act.

The Senate amendment contained no similar provision

The Senate recedes

Sense of Congress on Taiwan (sec. 1258)
The Senate amendment contained a provision (sec. 1243) that would express the sense of the Senate on the importance of a strong U.S. defense relationship with Taiwan.

The House bill contained no similar provision.

The House recedes with an amendment that would clarify that the provision expresses the sense of the Congress. The amendment would also clarify that the Secretary of Defense should promote Department of Defense policies concerning exchanges that enhance the security of Taiwan, including opportunities for practical training and military exercises with Taiwan.

Senior Defense Engagement with Taiwan
The House bill contained a provision (sec. 1262) that would express the sense of Congress that, pursuant to the Taiwan Travel Act (Public Law 115-135), a service secretary or member of the joint chiefs should visit Taiwan for a senior-level defense engagement.

The Senate amendment contained no similar provision.

The House recedes.

Update, June 18, 2018

On this date, the U.S. Senate passed its version of the John S. McCain National Defense Authorization Act for 2019 by Yea/Nay Vote of 85 – 10.

Update, April 13, 2018

The NDAA, as H.R.5515, was introduced in the House on April 13, 2018. On May 24, the U.S. House of Representatives passed its version of the National Defense Authorization Act for 2019.

Categories
Press Releases U.S. Government

U.S. Senators Cornyn and Inhofe Urge President Trump to Support New Fighters for Taiwan

In a March 26, 2018 letter, Senators John Cornyn and James Inhofe urge President Donald Trump to support the sale to Taiwan of a new tranche of modern, U.S.-built fighters – the F-35B with its vertical lift capability, or additional F-16Vs – to boost Taiwan’s air defense capabilities.

The Senators wrote, “Taiwan has a legitimate requirement to field a modem fighter fleet to address a myriad of defense contingencies. Therefore, Taiwan is requesting U.S. support in their procurement of the F-35B.” “However, if determined that release of the F-35B to Taiwan is premature, we hope that you will instead make available additional F-16Vs to address the quantitative and qualitative challenges confronting Taiwan’s fighter fleet. Taiwan already fields the F-16, and this would represent a cost-effective solution to Taiwan’s legitimate defense requirement for additional fighters.”

Cornyn and Inhofe also noted, “These fighters will have a positive impact on Taiwan’s self-defense and would act as a necessary deterrent to China’s aggressive military posture across the Asia-Pacific region.”

China’s force modernization efforts are having a destabilizing impact on the entire North East Asian security environment. Japan and Korea, as well as forward-deployed U.S. forces, are procuring and/or upgrading their fleets of modern fighters in response. It is entirely consistent with U.S. interests to support Taiwan’s efforts to do likewise. To maintain a credible defense against China’s coercive military posture, Taiwan urgently needs to modernize its fighter fleet.

It has now been 25 years since Taiwan last bought new-build fighters, and this has become a challenge for the Taiwan Air Force. Taiwan President Tsai Ing-wen recognizes this challenge, and has stated her willingness to take decisive action including budgeting significant funds to procure new fighters. A U.S. sale of new fighters to Taiwan would have a positive impact on Taiwan’s defense spending, and would represent an important increase in Taiwan’s commitment to its own defense and security.

Rupert Hammond-Chambers, President of the US-Taiwan Business Council, noted that “failing to sell new-built fighters to Taiwan is to relegate the Taiwan Air Force to marginalization and eventual extinction. That would significantly weaken the island, which is inherently destabilizing, while placing an additional burden on U.S. and allied forces to manage the airspace between Okinawa and the Philippines.”

Hammond-Chambers also said, “The Council supports the sale of additional fighters to Taiwan. We believe that such a sale is consistent with the Taiwan Relations Act (TRA) requirement to provide Taiwan with arms to defend itself. It would also be an important development in the Trump Administration’s policy of promoting capacity-building amongst Asian friends and allies, it would represent an important defense export opportunity for American companies, and it would be an appropriate response to China’s ongoing force modernization efforts and its constant coercive training deployments against Taiwan.”

Press Release: U.S. Senators Cornyn and Inhofe Urge President Trump to Support New Fighters for Taiwan
Letter from Senators Cornyn and Inhofe urging President Trump to support new fighters for Taiwan

Categories
U.S. Government

Taiwan in the National Security Strategy of the United States of America – December 2017

On December 18, 2017, the White House released an updated version of the U.S. National Security Strategy. There was a specific mention of Taiwan, as follows:

We will maintain our strong ties with Taiwan in accordance with our “One China” policy, including our commitments under the Taiwan Relations Act to provide for Taiwan’s legitimate defense needs and deter coercion.

Source: National Security Strategy of the United States of America, December 18, 2017

Categories
U.S. Government

Taiwan in the National Defense Authorization Act (NDAA), 2018

Update, December 12, 2017

On this date, President Trump signed the 2018 NDAA into law.

Update, November 30, 2017

On this date, Congress submitted the 2018 NDAA to the President for signature. The following Taiwan-related language was included in the final version of the bill:

SEC. 1259. Strengthening the Defense Partnership between the United States and Taiwan.

(a) STATEMENT OF POLICY. — It is the policy of the United States to reinforce its commitments to Taiwan under the Taiwan Relations Act and consistent with the “Six Assurances” as both governments work to improve Taiwan’s self-defense capability.

(b) SENSE OF CONGRESS. —It is the sense of Congress that the United States should—
(1) strengthen and enhance its longstanding partnership and cooperation with Taiwan;
(2) conduct regular transfers of defense articles and defense services necessary to enable Taiwan to maintain a sufficient self-defense capability, based solely on the needs of Taiwan;
(3) invite the military forces of Taiwan to participate in military exercises, such as the “Red Flag” exercises;
(4) carry out a program of exchanges of senior military officers and senior officials with Taiwan to improve military-to- military relations, as expressed in section 1284 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2544);
(5) support expanded exchanges focused on practical training for Taiwan personnel by and with United States military units, including exchanges among services;
(6) conduct bilateral naval exercises, to include pre-sail conferences, in the western Pacific Ocean with the Taiwan navy; and
(7) consider the advisability and feasibility of reestablishing port of call exchanges between the United States navy and the Taiwan navy.

SEC. 1259A. Normalizing the Transfer of Defense Articles and Defense Services to Taiwan

(a) SENSE OF CONGRESS.—It is the sense of Congress that any requests from the Government of Taiwan for defense articles and defense services should receive a case-by-case review by the Secretary of Defense, in consultation with the Secretary of State, that is consistent with the standard processes and procedures in an effort to normalize the arms sales process with Taiwan.

(b) REPORT. —
(1) IN GENERAL.—Not later than 120 days after the date on which the Secretary of Defense receives a Letter of Request from Taiwan with respect to the transfer of a defense article or defense service to Taiwan, the Secretary, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report that includes—
(A) the status of such request;
(B) if the transfer of such article or service would require a certification or report to Congress pursuant to any applicable provision of section 36 of the Arms Export Control Act (22 U.S.C. 2776), the status of any Letter of Offer and Acceptance the Secretary of Defense intends to issue with respect to such request; and
(C) an assessment of whether the transfer of such article or service would be consistent with United States obligations under the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.).
(2) ELEMENTS.—Each report required under paragraph (1) shall specify the following:
(A) The date the Secretary of Defense received the Letter of Request.
(B) The value of the sale proposed by such Letter of Request.
(C) A description of the defense article or defense service proposed to be transferred.
(D) The view of the Secretary of Defense with respect to such proposed sale and whether such sale would be consistent with United States defense initiatives with Taiwan.
(3) FORM.—Each report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex.

(c) BRIEFING.—Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Defense, in coordination with the Secretary of State, shall provide a briefing to the appropriate congressional committees with respect to the security challenges faced by Taiwan and the military cooperation between the United States and Taiwan, including a description of any requests from Taiwan for the transfer of defense articles or defense services and the status, whether signed or unsigned, of any Letters of Offer and Acceptance with respect to such requests.

(d) DEFINITIONS. —In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES. —The term “appropriate congressional committees” means—
(A) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
(2) DEFENSE ARTICLE; DEFENSE SERVICE. —The terms “defense article” and “defense service” have the meanings given such terms in section 47 of the Arms Export Control Act (22 U.S.C. 2794).
(3) LETTER OF REQUEST; LETTER OF OFFER AND ACCEPTANCE. —The terms “Letter of Request” and “Letter of Offer and Acceptance” have the meanings given such terms for purposes of Chapter 5 of the Security Assistance Management Manual of the Defense Security Cooperation Agency, as in effect on the date of the enactment of this Act.

Update, November 9, 2017

On this date, the conference report, reconciling the House and Senate versions of the bill, was filed.
The conference report was agreed to in the House on November 13, 2017 and in the Senate on November 16, 2017.

The conference report notes:

Strengthening the defense partnership between the United States and Taiwan (sec. 1259).
The House bill contained two provisions (secs. 1268 and 1270E) that would, respectively, express a sense of Congress to strengthen the defense of Taiwan and direct the Department to submit a report on the feasibility and advisability of naval port calls with Taiwan. The sense of Congress would encourage the Department to continue the transfer of defense articles and services, expand training and exercises with Taiwan, support practical military personnel training and exchanges between services, encourage Taiwan’s continued investment in asymmetric self-defense capabilities and support humanitarian assistance and disaster relief training.

The Senate amendment contained five similar provisions (secs. 1270, 1270A, 1270B, 1270C, and 1270D) that would respectively: express a sense of Congress encouraging strengthened bilateral relations between the United States and Taiwan through increased regular defense articles and defense services transfers, air defense training capability building, and multilateral exercises; reestablish naval port call exchanges between the U.S. and Taiwan at appropriate locations; direct the Department of Defense to enhance the undersea warfare capabilities of Taiwan; direct the Department to invite Taiwan’s military forces to participate in joint military exercises, particularly the annual ‘Red Flag’ aerial combat training military exercise; and direct the Department to submit a report on military exchanges between senior officers and officials of the United States and Taiwan, pursuant to section 1284 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328).

The House recedes with an amendment that would combine all seven provisions into one. The new provision would make a statement of policy regarding the commitment of the United States to Taiwan and express a Sense of Congress on steps that should be taken to strengthen the defense relationship between the two countries.

Normalizing the transfer of defense articles and defense services to Taiwan (sec. 1259A).
The House bill contained a provision (sec. 1270G) that would require the Secretary of Defense, not later than 120 days after the date on which the Secretary receives a Letter of Request from Taiwan with respect to the transfer of a defense article or defense service to Taiwan, in consultation with the Secretary of State, to submit to the appropriate congressional committees a report with details of the request. The provision would also direct that, not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary, in coordination with the Secretary of State, shall provide a briefing to the appropriate congressional committees with respect to the security challenges faced by Taiwan and the military cooperation between the United States and Taiwan, including a description of any requests from Taiwan for the transfer of defense articles or defense services and the status, whether signed or unsigned, of any Letters of Offer and Acceptance with respect to such requests. The Senate amendment contained no similar provision. The Senate recedes with a technical, clarifying amendment.

Update, September 18, 2017

On this date, the U.S. Senate passed its version of the National Defense Authorization Act for 2018 by Yea-Nay Vote of 89 – 8. Sections 1268 and 1270E were not changed from the House version. However, Section 1270G – normalizing the transfer of Defense Articles and Defense Services to Taiwan – is not included in the Senate version.

The bill now awaits reconciliation and final signature.

Update, July 14, 2017

The NDAA, as H.R.2810, was introduced in the House on June 7, 2017. On July 14, the U.S. House of Representatives passed its version of the National Defense Authorization Act for 2018. Several Taiwan-related initiatives were included.

Section 1268 deals with a sense of Congress on strengthening Taiwan defense:

It is the sense of Congress that—

(1) the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.) codified the basis for commercial, cultural, and other relations between the United States and Taiwan, and the Six Assurances are an important aspect in guiding bilateral relations;

(2) Section 3(a) of that Act states that ‘‘the United States will make available to Taiwan such defense articles and defense services in such quantity as may be necessary to enable Taiwan to maintain a sufficient self-defense capability’’;

(3) the United States, in accordance with such section, should make available and provide timely review of requests for defense articles and defense services that may be necessary for Taiwan to maintain a sufficient self-defense capability;

(4) Taiwan should significantly increase its defense budget to maintain a sufficient self-defense capability;

(5) the United States should support expanded exchanges focused on practical training for Taiwan personnel by and with United States military units, including exchanges between services, to empower senior military officers to identify and develop asymmetric and innovative capabilities that strengthen Taiwan’s ability to deter aggression;

(6) the United States should seek opportunities for expanded training and exercises with Taiwan;

(7) the United States should encourage Taiwan’s continued investments in asymmetric self-defense capabilities that are mobile, survivable against threatening forces, and able to take full advantage of Taiwan’s geography; and

(8) the United States should continue to—
(A) support humanitarian assistance and disaster relief exercises that increase Taiwan’s resiliency and ability to respond to and recover from natural disasters; and
(B) recognize Taiwan’s already valuable military contributions to such efforts.

Section 1270E deals with a report on Naval Port of Call Exchanges between the United States and Taiwan:

(a) Report Required.–Not later than September 1, 2018, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the following:
(1) An assessment of the feasibility and advisability regarding ports of call by the United States Navy at ports on the island of Taiwan.
(2) An assessment of the feasibility and advisability of the United States to receiving ports of call by the Republic of China navy in Hawaii, Guam, and other appropriate locations.

(b) Form.–The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

(c) Appropriate Committees of Congress Defined.–In this section, the term “appropriate committees of Congress” means–
(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

Section 1270G deals with a sense of Congress on normalizing the transfer of defense articles and defense services to Taiwan:

(a) Sense of Congress.–It is the sense of Congress that any requests from the Government of Taiwan for defense articles and defense services should receive a case-by-case review by the Secretary of Defense, in consultation with the Secretary of State, that is consistent with the standard processes and procedures in an effort to normalize the arms sales process with Taiwan.

(b) Report.–
(1) In general.–Not later than 120 days after the date on which the Secretary of Defense receives a Letter of Request from Taiwan with respect to the transfer of a defense article or defense service to Taiwan, the Secretary, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report that includes–
(A) the status of such request;
(B) if the transfer of such article or service would require a certification or report to Congress pursuant to any applicable provision of section 36 of the Arms Export Control Act (22 U.S.C. 2776), the status of any Letter of Offer and Acceptance the Secretary of Defense intends to issue with respect to such request; and
(C) an assessment of whether the transfer of such article or service would be consistent with United States obligations under the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.).
(2) Elements.–Each report required under paragraph (1) shall specify the following:
(A) The date the Secretary of Defense received the Letter of Request.
(B) The value of the sale proposed by such Letter of Request.
(C) A description of the defense article or defense service proposed to be transferred.
(D) The view of the Secretary of Defense with respect to such proposed sale and whether such sale would be consistent with defense plans.
(3) Form.–Each report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex.

(c) Briefing.–Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Defense, in coordination with the Secretary of State, shall provide a briefing to the appropriate congressional committees with respect to the security challenges faced by Taiwan and the military cooperation between the United States and Taiwan, including a description of any requests from Taiwan for the transfer of defense articles or defense services and the status, whether signed or unsigned, of any Letters of Offer and Acceptance with respect to such requests.

(d) Definitions.–In this section:
(1) Appropriate congressional committees.–The term “appropriate congressional committees” means–
(A) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
(2) Defense article; defense service.–The terms “defense article” and “defense service” have the meanings given such terms in section 47 of the Arms Export Control Act (22 U.S.C. 2794).
(3) Letter of request; letter of offer and acceptance.–The terms “Letter of Request” and “Letter of Offer and Acceptance” have the meanings given such terms for purposes of Chapter 5 of the Security Assistance Management Manual of the Defense Security Cooperation Agency, as in effect on the date of the enactment of this Act.

June 28, 2017

On this date, the Senate Armed Services Committee (SASC) announced details of the committee’s markup of the National Defense Authorization Act (NDAA) for Fiscal Year 2018. During the markup, 277 amendments — offered by both Republican and Democratic members — were considered and adopted. The committee voted unanimously to report the bill.

In a summary document provided following the markup, the SASC stated that the bill:

Reestablishes regular ports of call by the U.S. Navy at Kaohsiung or any other suitable ports in Taiwan and permits U.S. Pacific Command to receive ports of call by Taiwan; directs the Department to implement a program of technical assistance to support Taiwanese efforts to develop indigenous undersea warfare capabilities, including vehicles and sea mines; and expresses the sense of Congress that the United States should strengthen and enhance its long-standing partnership and strategic cooperation with Taiwan.

This post will continue to track the Taiwan-related language in the 2018 NDAA, as circumstances warrant.

Categories
U.S. Government

115th Congress: Taiwan Security Act

On November 7, 2017, two Republican members of the U.S. House of Representatives introduced the Taiwan Security Act to enhance military cooperation and exchanges between the United States and Taiwan. The legislation echoed a bill introduced in the Senate in July by Republican Senators Tom Cotton and Cory Gardner.

Congressional Record of S.1620 – Taiwan Security Act of 2017
Introduced July 24, 2017 by Senator Tom Cotton (R-AR)
Read twice and referred to the Committee on Foreign Relations

Cotton and Gardner Introduce Taiwan Security Act
Press Release by Senator Tom Cotton (R-AR)
July 24, 2017

Gardner, Cotton Introduce Taiwan Security Act
Press Release by Senator Cory Gardner (R-CO)
July 24, 2017

Congressional Record of H.R.4288 – To enhance the security of Taiwan and bolster its participation in the international community, and for other purposes.
Introduced November 7, 2017 by Congressman Michael T. McCaul (R-TX-10)
Referred to the Committee on Foreign Affairs & the Committee on Armed Services

McCaul, Pittenger Introduce Taiwan Bill
Press Release by Congressman Michael McCaul (TX-10)
November 7, 2017

Congressman Pittenger and Chairman McCaul Introduce Taiwan Security Act
Press Release by Congressman Robert Pittenger (NC-09)
November 9, 2017

Taiwan Security Act introduced in U.S. House of Representatives
FocusTaiwan News
November 9, 2017

Categories
Notes U.S. Government

Taiwan Arms Sales Notified to Congress, 1990-2017

Taiwan Arms Sales 1990-2017
Taiwan Arms Sales 1990-2017

Updated Chart: Taiwan Arms Sales Notified to Congress, 1990-2017

Shows clearly notification packaging/bundling and the long freeze.

Categories
Press Releases U.S. Government

The Trump Administration Announces U.S. Arms Sales to Taiwan

The US-Taiwan Business Council today welcomed the decision by the U.S. Department of State to announce its approval of seven possible Foreign Military Sales to Taiwan, with a total value of US$1.363 billion. The Defense Security Cooperation Agency (DSCA) delivered the required certifications notifying Congress of the proposed Taiwan arms sales on June 29, 2017. A direct commercial sale was also notified, bringing the total to approximately US$1.4 billion.

The published FMS Congressional Notifications (transmittal numbers 16-67, 16-68, 16-69, 16-70, 16-73, 16-74, and 16-75) were for SM-2 Block IIIA All-Up Rounds, associated equipment and technical support (US$125 million); MK 54 Lightweight Torpedo Conversion Kits, spare parts and other support and assistance (US$175 million); MK 48 Mod 6AT Heavyweight Torpedoes, other support, spare parts, training, and assistance (US$250 million); Hardware, software, and other upgrades to the AN/SLQ-32(V)3 Electronic Warfare Systems supporting Taiwan’s KEELUNG Class destroyers (US$80 million); AGM-154C JSOW Air-to-Ground Missiles, spare/repair parts and other support and assistance (US$185.5 million); AGM-88B HARMs and Training HARMs, spare/repair parts, testing, and other support and assistance (US$147.5 million); SRP Operations and Maintenance follow-on sustainment (US$400 million).

The US-Taiwan Business Council welcomes these Congressional notifications in adherence to the Taiwan Relations Act, which obligates the U.S. to help enable Taiwan’s self-defense. However, it has been 562 days since the last arms sale to Taiwan in late 2015. The Council questions the impact that delays in consideration and execution of Taiwan arms requests are having on the island’s ability to maintain its self-defense capabilities.

Council President Rupert Hammond-Chambers noted that “support for Taiwan remains an essential aspect of the U.S. national security posture in Asia, particularly as increased cross-Strait tensions would fundamentally threaten stability in the region. The U.S. is legally and historically committed to providing Taiwan with arms of sufficient quantity and quality to provide for its own self-defense. Arms sales have long been a mainstay of U.S. security relations with the island, supporting U.S. efforts to deter coercion from the PRC and help provide for Taiwan’s self-determination.”

Hammond-Chambers added “The Council supports the return to a normal and regular process for assessing all Taiwan arms sales requests and sales. Packaging several years’ worth of items drives up the overall dollar value of each tranche of notifications. Each Taiwan arms sale also becomes a rare and compelling event, drawing significantly more attention than it might otherwise garner. This creates a more substantial opportunity for Chinese protests and posturing in response to each sale, protests that have had a deterrent effect on U.S. willingness to release needed but advanced systems to Taiwan – such as new-build fighters and submarines. It would be in the U.S. interest to provide less of an impetus for Chinese protests in response to Taiwan arms sales, and moving away from packaging would be a substantial step in the right direction.”

The Trump Administration Announces U.S. Arms Sales to Taiwan

Categories
Press Releases U.S. Government

U.S. Senators Urge President Trump to Support Taiwan’s Self Defense Capabilities

In a June 23, 2017 letter to President Donald Trump, Senators Benjamin Cardin, John Cornyn, James Inhofe, Edward Markey, John McCain, Robert Menendez, Marco Rubio, and Ron Wyden urge President Trump to adopt a policy of regular, robust, and consistent support for Taiwan’s self-defense efforts in the face of ongoing military aggression by China and the growing cross-Strait military imbalance.

The letter enumerated three areas that require attention from the White House. The release of pending Taiwan arms sales programs currently awaiting Congressional notification; ending the practice of bundling Taiwan arms sales, instead establishing a regular and routine process whereby notifications would be sent to Congress when ready; and quickly and robustly addressing Taiwan’s significant and legitimate future requirements for new defense capabilities.

The Senators noted that the U.S. should not allow concerns about China to take precedence over support for Taiwan. They also commented that “China has intensified its economic coercion and military intimidation tactics, thereby stoking cross-Strait tensions and threatening peace and security in the Taiwan Strait. Given these circumstances, our support for Taiwan is more important than ever.”

Rupert Hammond-Chambers, President of the US-Taiwan Business Council, said “This letter is a welcome and positive development. The recent cross-Strait dynamics have been increasingly unstable due to coercive Chinese behavior and waning U.S. support. U.S. policy toward Taiwan requires sustained, focused, and determined engagement on Taiwan’s military modernization. The Council is pleased to see the Senate maintain its ongoing leadership on matters impacting U.S. relations with Taiwan, a core U.S. friend and ally in Northeast Asia. Such U.S. support for Taiwan serves to protect peace and stability in the Taiwan Strait, which is a core strategic interest of the United States.”

A copy of the letter is attached, and can also be downloaded from the Council’s website at www.us-taiwan.org.

U.S. Senators Urge President Trump to Support Taiwan’s Self Defense Capabilities (PDF)