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A US Senate committee has approved the Taiwan Protection Act, which would US commitments to the island. Photo: Reuters

US Senate committee clears bill that would bolster US ties to Taiwan

  • Taiwan Policy Act is considered ‘most comprehensive restructuring of US policy towards Taiwan’ since 1979
  • Lawmakers have become increasingly alarmed that, under the leadership of Chinese President Xi Jinping, Beijing is growing more hostile towards Taiwan
Taiwan

New legislation to solidify Washington’s close but unofficial relationship with Taiwan cleared a key Senate committee on Wednesday, an important step on its path to becoming law.

The bill, called the Taiwan Policy Act, has been described by lawmakers as “the most comprehensive restructuring of US policy towards Taiwan” since Washington normalised relations with Beijing and cut off official ties with Taipei in 1979.

Senator Bob Menendez, chairman of the Foreign Relations Committee, is an author of the bill. Photo: EPA-EFE

The bill includes billions of dollars in funding for Taiwan’s military; sanctions against China’s top political leadership and biggest banks if Beijing engages in a “significant escalation in aggression” to take “physical or political control” of Taiwan, including by a naval blockade, a major cyberattack or by seizing Taiwan’s outlying islands; and treatment for Taipei as a “major non-Nato ally” of the US for purposes of weapons transfers to the island – a title held by Israel, Japan and South Korea, among other nations.

It would also allow Taiwanese officials to display their government’s emblems and symbols – including the Republic of China flag – in meetings with Americans, and would also recommend, but not require, changing the name of Taipei’s de facto embassy in Washington to the “Taiwan Representative Office”. It would also recommend that the US “provide the people of Taiwan with de facto diplomatic treatment equivalent to foreign countries”.

And it would expedite weapons sales to Taiwan while also boosting US military cooperation with the island.

“Today’s strong, bipartisan vote not only signals our unwavering support for the Taiwanese people, but our recognition of the pivotal role that the United States Congress must play in confronting these challenges,” said Senator Bob Menendez, chair of the Foreign Relations Committee and an author of the bill, which was approved 17-5.

“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,” Menendez added.

There are elements of that legislation with respect to how we can strengthen our security assistance for Taiwan that are quite effective and robust
Jake Sullivan, national security adviser

The bill now heads to the full Senate for a vote. To become law, it would also have to pass the House of Representatives, then US President Joe Biden would have to sign it.

Lawmakers have become increasingly alarmed that, under the leadership of Chinese President Xi Jinping, Beijing is growing more hostile towards Taiwan – especially in light of Russia’s invasion of Ukraine in February.

Menendez and Senator Lindsey Graham, a South Carolina Republican, introduced the bill in June, two months after they travelled to Taiwan to meet top officials there, including President Tsai Ing-wen.

Graham is also the top Republican on the powerful appropriations panel that oversees State Department funding.

When they introduced the bill, tensions were already high, and China had been sending hundreds of military planes buzzing by the island’s air defence zone for months. Since then, cross-strait tensions and antipathy between Washington and Beijing have soared.

US House Speaker Nancy Pelosi flew to Taipei in early August and met with Tsai there, the first visit by a House speaker since 1997.

US House Speaker Nancy Pelosi speaking during a meeting with Taiwanese President President Tsai Ing-wen in Taipei on August 3. Photo: Taiwan Presidential Office via AP

China lashed out at her visit and conducted several days of live-fire military drills around the island, in what observers said was effectively a blockade.

The US and Taiwanese governments said Beijing was merely using Pelosi’s visit as a pretext to conduct the drills – which were unprecedented in scale – as a way to squeeze the island.

For years, US policy on the question of Taiwan’s defence has been one of “strategic ambiguity” – that is, it is deliberately unclear if the American military would come to Taiwan’s aid in the event of an attack by China.

Since taking office last year, Biden has suggested three times that the US would defend the island if needed.

Officials in his administration tried to walk back those comments each time he made them, insisting that there has been no change in policy, but some observers say that Biden is signalling his true intentions.

‘Extremely serious’: looming Taiwan bill ‘would overturn US-China relations’

At the same time, White House officials have also made clear that they disapprove of at least parts of the new Taiwan Policy Act. Some accounts have indicated that the administration was trying to pressure Congress to soften the bill. The Financial Times reported that doubts include the “more symbolic elements”.

Biden’s national security adviser, Jake Sullivan, told Bloomberg last week that parts of the legislation “give us some concern”.

He also said: “There are elements of that legislation with respect to how we can strengthen our security assistance for Taiwan that are quite effective and robust that will improve Taiwan security.”

Beijing claims Taiwan as part of its own territory and says it will eventually unite the island with the mainland, by force if necessary. It opposes other nations’ contacts with Taiwanese government officials.

Under official US policy, Washington does not recognise Beijing’s claim of sovereignty over Taiwan but “acknowledges” that the claim exists.

02:17

‘One China’ explained

‘One China’ explained

The US has not had formal diplomatic relations with Taipei since 1979, when Washington officially switched its diplomatic recognition to Beijing. The bill would not restore formal US diplomatic relations with Taiwan.

But under the 1979 Taiwan Relations Act, Washington maintains an unofficial relationship with Taipei and is obligated to sell Taiwan arms used in a “defensive character”.

In a change, the Taiwan Policy Act would widen that to include arms “to implement a strategy to deny and deter acts of coercion or aggression by the People’s Liberation Army”. It would also require the Pentagon to create a new “comprehensive training programme” with Taiwan.

“For all of the supposed controversy about the bill, everyone from the administration to Senate Republicans and Democrats lent their support to the security assistance portion of the bill,” said Eric Sayers, a non-resident fellow at the American Enterprise Institute think tank in Washington and former senior adviser to the US Indo-Pacific Command. “This section truly breaks new ground.”

Robert Sutter, a George Washington University professor and former China director of the State Department’s intelligence and research bureau, said the Biden administration would have more chances going forward to convince lawmakers to “water down” any parts of the bill it deems “excessive” as the legislation winds its way through Congress.

“There are many steps ahead,” he said. “The coming weeks will show what actually results from the bill” that was passed by the committee on Wednesday.

A House aide said there were potential plans to introduce the legislation in the House of Representatives before lawmakers broke for an October recess, which would span the final weeks leading up to midterm elections on November 8.

A Chinese J-11 military fighter jet flies above the Taiwan Strait on August 5, part of large-scale military exercises the People’s Liberation Army held following Pelosi’s visit to Taiwan. Photo: AP

There is widespread bipartisan support for Taiwan in both chambers of Congress, and the alarm about Xi’s intentions has only increased since Beijing’s military drills in August.

“The CCP is only growing more belligerent, and setting up a security assistance framework for Taiwan is in the national security interests of the United States,” said Representative Michael McCaul of Texas, the top Republican on the House Foreign Affairs Committee, referring to China’s Communist Party.

“I’m glad to see the Senate come together behind this idea in a bipartisan basis, and I plan on championing this idea in the House as well.”

Taiwan, meanwhile, has been urging policymakers the US and around the world to push back harder against Beijing.

On Tuesday, Taiwan’s de facto ambassador in Washington, Bi-Khim Hsiao, hosted dozens of lawmakers at her residence from parliaments around the world who had gathered in the US capital to discuss ways to confront China, according to Reuters.

US considers China sanctions to deter Taiwan action

Speaking on Wednesday at the Washington-based German Marshall Fund, Lai I-chung, president of the Prospect Foundation, a Taipei-based think tank, said that “there’s no controversy in Taiwan” on some elements in the bill, such as potentially renaming the de facto embassy.

Lai, formerly the head of the China affairs department in Tsai’s Democratic Progressive Party, was asked whether the legislation, if passed, would strengthen or undermine Taiwan’s security.

“The resource differences between Taiwan and China … places a huge limitation about what we can do,” Lai said.

Financial assistance for Taiwan’s military “actually provides another way for us to enhance our capabilities and add more resources. I personally very much want that to be part of” the bill.

Additional reporting by Kinling Lo and Robert Delaney

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