Maintaining Unofficial Relations With the People on Taiwan

Executive Order 13014 of August 15, 1996

Maintaining Unofficial Relations With the People
on Taiwan

In light of the recognition of the People's Republic of
China by the United States of America as the sole legal
government of China, and by the authority vested in me
as President of the United States of America by the
Taiwan Relations Act (Public Law 96-8, 22 U.S.C. 3301
et seq.) (“Act”), and section 301 of title 3, United
States Code, in order to facilitate the maintenance of
commercial, cultural, and other relations between the
people of the United States and the people on Taiwan
without official representation or diplomatic
relations, it is hereby ordered as follows:

Section 1. Delegation and Reservation of Functions.

    1-101. Exclusive of the functions otherwise
delegated, or reserved to the President by this order,
there are delegated to the Secretary of State
(“Secretary”) all functions conferred upon the
President by the Act, including the authority under
section 7(a) of the Act to specify which laws of the
United States relative to the provision of consular
services may be administered by employees of the
American Institute on Taiwan (“Institute”). In
carrying out these functions, the Secretary may
redelegate his authority, and shall consult with other
departments and agencies as he deems appropriate.
    1-102. There are delegated to the Director of the
Office of Personnel Management the functions conferred
upon the President by paragraphs (1) and (2) of section
11(a) of the Act. These functions shall be exercised in
consultation with the Secretary.
    1-103. There are reserved to the President the
functions conferred upon the President by section 3,
the second sentence of section 9(b), and the
determinations specified in section 10(a) of the Act.

Sec. 2. Specification of Laws and Determinations.

    2-201. Pursuant to section 9(b) of the Act, and in
furtherance of the purposes of the Act, the procurement
of services may be effected by the Institute without
regard to the following provisions of law and
limitations of authority as they may be amended from
time to time:
    (a) Sections 1301(d) and 1341 of title 31, United
States Code, and section 3732 of the Revised Statutes
(41 U.S.C. 11) to the extent necessary to permit the
indemnification of contractors against unusually
hazardous risks, as defined in Institute contracts,
consistent, to the extent practicable, with section
52.228-7 of the Federal Acquisition Regulations;
    (b) Section 3324 of title 31, United States Code;
    (c) Sections 3709, 3710, and 3735 of the Revised
Statutes, as amended (41 U.S.C. 5, 8, and 13);
    (d) Section 2 of title III of the Act of March 3,
1933 (41 U.S.C. 10a);
    (e) Title III of the Federal Property and
Administrative Services Act of 1949, as amended (41
U.S.C. 251-260);
    (f) The Contract Disputes Act of 1978, as amended
(41 U.S.C. 601-613);
    (g) Chapter 137 of title 10, United States Code (10
U.S.C. 2301-2316);
    (h) The Act of May 11, 1954 (the “Anti-Wunderlich
Act”) (41 U.S.C. 321, 322); and

    (i) Section (f) of 41 U.S.C. 423.
    2-202. (a) With respect to cost-type contracts with
the Institute under which no fee is charged or paid,
amendments and modifications of such contracts may be
made with or without consideration and may be utilized
to accomplish the same things as any original contract
could have accomplished, irrespective of the time or
circumstances of the making, or the form of the
contract amended or modified, or of the amending or
modifying contract and irrespective of rights that may
have accrued under the contractor the amendments or
modifications thereof.
    (b) With respect to contracts heretofore or
hereafter made under the Act, other than those
described in subsection (a) of this section, amendments
and modifications of such contracts may be made with or
without consideration and may be utilized to accomplish
the same things as any original contract could have
accomplished, irrespective of the time or circumstances
of the making, or the form of the contract amended or
modified, or of the amending or modifying contract, and
irrespective of rights that may have accrued under the
contract or the amendments or modifications thereof, if
the Secretary determines in each case that such action
is necessary to protect the foreign policy interests of
the United States.
    2-203. Pursuant to section 10(a) of the Act, the
Taipei Economic and Cultural Representative Office in
the United States (“TECRO”), formerly the
Coordination Council for North America Affairs
(“CCNAA”), is determined to be the instrumentality
established by the people on Taiwan having the
necessary authority under the laws applied by the
people on Taiwan to provide assurances and take other
actions on behalf of Taiwan in accordance with the Act.
Nothing contained in this determination or order shall
affect, or be construed to affect, the continued
validity of agreements, contracts, or other
undertakings, of whatever kind or nature, entered into
previously by CCNAA.

Sec. 3. President's Memorandum of December 30, 1978.

3-301. Agreements and arrangements referred to in
paragraph (B) of President Carter's memorandum of
December 30, 1978, entitled “Relations With the People
on Taiwan” (44 FR 1075) shall, unless otherwise
terminated or modified in accordance with law, continue
in force and be performed in accordance with the Act
and this order.

Sec. 4. General. This order supersedes Executive Order
No. 12143 of June 22, 1979.

    (Presidential Sig.)

THE WHITE HOUSE,

    August 15, 1996.