Over the past six years I have been actively involved in researching the international legal status of Taiwan. During this time I often put summaries of my research findings together and mailed them to local Taiwanese Legislators and other important officials, both current and retired. In June of 2003, I received a telephone call from former President Lee Teng-hui, and we talked about my research for about twenty minutes. Then in late November, 2004, the former President invited me to a three hour meeting where we discussed my research in more detail. Although many members of the Taiwanese media were present at that meeting, there was no real "reaction" by the TV, newspapers, or news magazines at that time.

However, during that late November 2004 period former President Lee also asked one of his associates, Dr. Roger Lin, to contact me and overview my findings in more depth. Dr. Lin had obtained a Ph.D. in international law from Me-jo University in Nagoya, Japan, and was very interested in my "laws of war" approach to solving Taiwan's identity crisis. After an initial meeting with Dr. Lin in January 2005, he and I decided to combine our efforts to try to push forward with this agenda. After some negotiations, we were very lucky to obtain the support of the Taiwan Defense Alliance, and in late February 2005 we began giving speeches throughout Taiwan, as well as writing many Chinese language articles for the local newspapers and magazines. We also met with Mr. Kwang-Ming Koo, a well-respected local political activist, and he encouraged us to use every channel to make our research results more widely known. With the assistance of the Taiwan agent for the Washington Post, we were able to purchase space to publish a full explanation of Taiwan's international legal position in the print edition.

I wrote out an essay of nearly 3500 words to fulfill that purpose. However, I suspected that many people would ask the obvious question of "Where do we go from here?" and so I decided to put together some detailed comments on related matters.

As a result, I spent several weeks coming up with these preliminary explanations and guidelines. While these are all made in good faith, it must be recognized that I am currently in no official position to implement any of these instructions, and if they come to be regarded as impractical, unworkable, or otherwise off the mark, then I must accept fully responsibility.

Sincerely,

Richard W. Hartzell
August 15, 2005
Taipei, Taiwan cession

Section 2. Items regarding the operations of Taiwanese government offices, other organizations, and commercial activities (It is to be expected that the following general guidelines will apply -- )

(a) Airplanes, Buses, Ships, Trains, and other transportation

All arrivals and departures will continue on a normal schedule.

(b) Armed Forces

1. The current activities of active personnel in the Army, Navy, Air Force, Coast Guard, Marines, and other Armed Forces of Taiwan will continue uninterrupted until new procedures are announced.

2. Persons who have elected to, or been chosen to serve in "alternative service" work (in lieu of Taiwanese military service) should continue in current positions until new or supplementary regulations are announced.

3. Non-career military personnel in Taiwan may be honorably dismissed or otherwise have their lengths of required service shortened according to the decisions of their commanding officers.

4. Disposition of military hardware and software currently in the possession of the Taiwan governing authorities will be subject to future negotiations between the US Secretary of State, Secretary of Defense, the Attorney General, the Commander in Chief, and the Taiwan governing authorities.

(c.) Banking

1. All banking and financial activities in Taiwan shall continue uninterrupted.

2. Current bank books, checking account books, etc. and all related forms, slips, etc. may continue to be used.

(d) Businesses, Shops, Nightmarkets, etc.

All commercial activities in Taiwan shall continue uninterrupted.

(e) Courts

1. The operations of all Courts in Taiwan shall continue uninterrupted, however certain matters regarding jurisdiction are being redefined.

2. Most importantly, new specifications regarding jurisdictional issues will be implemented by the establishment of an Article 2 Court, and will primarily deal with matters concerning US administrative authority over Taiwan, the Constitutional rights of US citizens, international legal matters, other issues regarding serious threats to public order, etc.

3. The operations of all military courts of the Taiwan governing authorities should only continue until the current caseload is exhausted. Additionally, the handling of any cases related to military conscription matters in any other Taiwanese courts should receive priority treatment and be finalized as soon as possible.

(f) Emergency Medical Services

1. Taiwan's Department of Health and other relevant agencies should regularly check all hospitals, clinics, and other medical facilities to ascertain that proper procedures for handling emergency medical cases are in place, and that the proper procedures are being followed.

2. Needed updates in emergency medical treatment procedures should be promulgated in a timely fashion.

(g) Five Yuan

1. The operations Five Yuan, and all subsidiary Ministries, Departments, Bureaus, Administrations, and other agencies shall continue uninterrupted for the time being.

2. The Examination Yuan should suspend all activities which involve any examination matters related to the recruitment of new personnel or filling of personnel vacancies in the Ministry of National Defense, the Ministry of Foreign Affairs, etc. because the operations of these ministries are being cut back.

3. The Legislative Yuan shall continue to be located in Taipei city.

(h) Foreign Embassies in Taiwan

1. The operations of Foreign Embassies currently in Taiwan may continue until new organizational arrangements are made via consultation with the US Secretary of State and/or with the Secretaries of State or Foreign Affairs Ministers of their respective home governments.

2. As a general rule, it is suggested that foreign embassies currently in Taiwan be reorganized as Consulates.

(i) Foreign Trade Offices & Liaison Offices in Taiwan

1. The operations of Foreign Trade Offices & Liaison Offices currently in Taiwan may continue. Any new arrangements, if necessary, may be made via consultation with the US Secretary of State and/or with the officials of their respective home governments.

2. Where home-country governments find it economically feasible, it is suggested that foreign trade offices and liaison offices currently in Taiwan be upgraded to the status of Consulates.

(j) Hospitals & Clinics

The operations of hospitals, clinics, and other medical facilities in Taiwan shall continue uninterrupted.

(k) Imports, Exports, and Customs Matters

1. All imports, exports, and other matters involving customs clearance shall continue uninterrupted.

2. At the most basic level, it should be remembered that Taiwan's international status is that of an "independent customs territory" under USMG.

(l) Insurance Companies and Insurance Policies

1. All insurance policies (or programs), by all insurance companies or other related organizations operating in Taiwan shall continue to be in force.

2. Any exceptions to the above instruction, or further clarifications, will be announced by Taiwan's Ministry of Finance as appropriate. Other special clarifications may be promulgated by the Commander in Chief or High Commissioner.

(m) Military Academies and Military Education

1. Classes shall continue on a normal schedule at all military academies, military institutions, the National Defense University, and other related institutions until new procedures are announced.

2. However, activities of the Ministry of Education's Department of Military Training Education, and all related or subsidiary organizations, should be suspended within the near future.

3. The following activities will be suspended in the near future:
(A) All procedures regarding recruitment of new personnel or filling of personnel vacancies in the above mentioned institutions, or related institutions,
(B) Pending promotions of any kind, for relevant personnel,
(C.) Financial planning, budgeting, allocation of resources, etc. for any of the above activities.

(n) Military Courts

1. The operations of all Military Courts shall continue until the current case load is completed. Additional specifications regarding the operations of these courts shall be made by the US Attorney General.

2. All procedures regarding recruitment of new personnel or filling of personnel vacancies in these military courts, or subsidiary organizations, etc. should be suspended. Pending promotions of any kind, for relevant personnel, should also be suspended.

3. Further details on the disposition of personnel now serving in Taiwan's Military Courts will be announced at a future date, based on the outcome of discussions with the US Attorney General, Secretary of State, Secretary of Defense, members of Congress, the Taiwan governing authorities, and other officials as appropriate.

(o) Ministry of Foreign Affairs of the Taiwan governing authorities

1. Decisions in regard to whether
(A) the Ministry of Foreign Affairs (MOFA) of the Taiwan governing authorities will be absorbed by the State Department, combined with another Taiwanese government department, reorganized, and/or
(B) the "Minister of Foreign Affairs of the Taiwan cession" will be maintained as a ceremonial position, etc.,
will be made by US State Department personnel, in consultation with other US and Taiwan government officials, as appropriate. These decisions will be announced separately.

2. All procedures regarding recruitment of new personnel or filling of personnel vacancies in MOFA, including its overseas offices, or subsidiary organizations, etc. will be suspended in the near future.

(p) Ministry of National Defense

1. Except as affected by other instructions in orders, directives, directions, etc. of the Commander in Chief or the High Commissioner, the activities of active military personnel of the Taiwan governing authorities, including those persons doing "alternative service," should be continued until superseding regulations are announced by Taiwan's Ministry of National Defense or by the US Department of Defense.

2. The following activities of the Taiwan governing authorities will be suspended in the near future:
(A) All activities which involve the negotiation or procurement of military hardware or other related items, or the implementation of budgeting, discussion of budgeting, etc. for acquirement of these items,
(B) Budgeting allocations for the Ministry of National Defense, or subsidiary organizations, by the Legislative Yuan, the national treasury, or any other agencies,
(C.) Review of any newly proposed laws which relate Taiwanese "national defense" matters, broadly interpreted, by the Legislative Yuan,
(D) Travel outside the Taiwan area by officials of the Ministry of National Defense, or subsidiary organizations,
(E) All procedures regarding recruitment of new personnel or filling of personnel vacancies in the Ministry of National Defense, subsidiary organizations, other agencies involved in Taiwanese "national defense," etc.

(q) National Guard

1. The establishment of a National Guard for Taiwan is not currently authorized by the US federal government.

2. Any authorization for the establishment of Taiwanese National Guard units would have to come from the Commander in Chief after consultation with the US Congress.

(r) National Security Bureau (NSB), Ministry of Justice's Investigation Bureau (MJIB), etc.

1. The operations of Taiwan's NSB, MJIB, and other similar agencies will be scrutinized and overviewed by a special committee which will include officials from appropriate US federal agencies and Taiwan government agencies. In the future, it is possible that the functioning of the NSB, MJIB, etc. will be streamlined.

2. More details on the organization of this special committee will be announced at a future date.

(s) Overseas Representative Offices of the Taiwan governing authorities

1. Consular matters: the operations of Overseas Taiwan Representative Offices shall continue uninterrupted for the time being, with the particular exceptions to be noted by the Commander in Chief. It is to be expected that these offices will be subject to future re-organization, and/or having their operations combined or closely coordinated with existing United States embassies and consulates, according to the directions and timetables to be announced by the US Secretary of State.

2. Certification of documents at Overseas Taiwan Representative Offices: The Commander in Chief may ask the Secretary of State to speed up procedures for Taiwan's inclusion under the United States membership in the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (concluded October 5, 1961). Details of this Hague Convention are available on the State Department's website at http://travel.state.gov/law/legal/treaty/treaty_783.html

3. Trade and economic matters: the operations of Overseas Taiwan Representative Offices shall continue uninterrupted. The future re-organization of these offices will be determined after consultations with the US Secretary of State, Secretary of Commerce, the Taiwan governing authorities, and the Commander in Chief.

(t) Police

1. The operations of the National Police Administration, and of local Police Stations at any and all levels should continue uninterrupted. The operations of the Central Police University and Taiwan Police College should continue uninterrupted.

2. Badges and insignia of police personnel may be subject to revision/modification within a timetable to be announced by Taiwan's Ministry of the Interior.

(u) Postal Authorities

1. The operations of the postal authorities should continue uninterrupted.

2. ROC postage stamps shall continue in use until current supplies are exhausted. The issuance of new postage stamps and the design of those stamps shall be a subject for the determination of the Taiwan postal authorities, according to their established procedures, or according to new procedures which they may announce.

3. The Taiwan governing authorities will announce further details on all related matters at an appropriate time. The website of the Directorate General of Posts in Taiwan is located at http://www.post.gov.tw/post/index.jsp

(v) Public Debt of the Taiwan Governing Authorities

All public debt of the Taiwan governing authorities (also known locally in Taiwan as "Republic of China") shall continue to be valid.

(w) Radio Stations, Television Stations, Newspapers, Magazines

The operations of all media organizations shall continue on a normal schedule.

(x) "Republic of China," United States' Diplomatic Recognition of

1. According to the Taiwan Relations Act (22 USC 3301 et seq.), the United States does not recognize the nomenclature of "Republic of China" on or after January 1, 1979.

2. Under United States law, the government structure in Taiwan is referred to as the "Taiwan governing authorities."

(y) Retirement Funds, Pensions, and Annuities

1. All retirement funds, pensions, and annuities (herein referred to as "r-funds"), whether administered by the public or private sector, shall continue to be in force, however some special stipulations and restrictions will be announced by the Commander in Chief and High Commissioner.

2. The KMT political party will be responsible for the present and future funding requirements of any "r-funds" which it currently administers. Additionally, within three months, the KMT political party should submit detailed planning to the Premier regarding its proposals on appropriate arrangements for the present and future funding requirements of other "r-funds" for ROC government personnel, including members of the ROC armed forces, etc.

3. In Taiwan, all retirement plans or programs must apply equally to Taiwan island citizens, US citizens, and foreigners. Any needed revisions of existing laws should be made by the Legislative Yuan within six months.

4. As appropriate, any further clarifications to the above instruction will be announced in the near future.

(z) Seat of Government

The seat of government of the Taiwan cession is, and shall continue to be, in the city of Taipei.

(b-a) Schools, Universities, & Colleges, Technical Training Institutes, etc.

Classes shall continue on a normal schedule.

(b-b) All other organizations

All activities shall continue on a normal schedule, unless otherwise specified in orders, directives, directions, etc. of the Commander in Chief or High Commissioner.

Section 3. New Taiwan Constitution and Related Issues (It is to be expected that the following general guidelines will apply --)

(a) Constitutional Convention

1. The "Republic of China" Constitution currently in use in Taiwan was passed on December 25, 1946, when the Chinese Nationalist Party (KMT) still ruled China. It was promulgated on January 1, 1947, and came into force on December 25, 1947. It was brought over from Mainland China by the KMT during the Chinese Civil War period of the late 1940's. As such, this Constitution, which is often called the "Nanjing Constitution", is not the true organic law of the Taiwan cession.
(A) In fact, many scholars have commented that this Nanjing Constitution was designed for a country of 450 million persons and 34 provinces.

2. In the history of Taiwan, for most of the period of the post WWII era through the end of martial law in July 1987, the ROC Constitution was not truly in force. This caused much resentment among the populace.

3. The feasibility of convening a Constitutional Convention to draft a new Constitution has been discussed in Taiwan for decades. It is necessary that appropriate liaison be established with the Taiwan Caucus in the US Congress, to help oversee this process, so that all details may proceed smoothly, and a timetable may be drawn up for completion.

4. Upon the promulgation of a new Taiwan Constitution (or Basic Law), thus establishing an organic law for the cession under the approval of the US Congress, Taiwan's status as unincorporated territory will progress from the category of "unorganized" to "organized."

5. Under the new Taiwan Constitution, it will be imperative for everyone to understand that the duty of government officials is to first uphold the Constitution, and protect the rights of the people, and second to make their superiors happy. Since Taiwanese law has traditionally followed the German model, comparison is made to Article 1 of the German Basic Law, which may be rewritten for the Taiwan cession as follows:
(1) The dignity of man is inviolable. To respect and protect it is the duty of all state authority. (2) The Taiwanese people therefore acknowledge inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world. (3) The following basic rights bind the legislature, the executive and the judiciary as directly enforceable law.

6. Article IV, Section 3 of the US Constitution states that the Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States. According to Article 4(b) of the SFPT, the United States Military Government has dispositions rights over the property of "Formosa and the Pescadores." These powers include that of making the determination of the civil rights and political status of the native inhabitants in areas under United States' administrative authority.
(A) It is noted that in the situation of a territorial cession, the next stage after military government is civil government. In the case of Puerto Rico, this transition was accomplished by the US Congress in April, 1900, with the passage of the Foraker Act, which came into effect May 1st. In the case of Cuba, this transition was accomplished by the establishment of the Republic of Cuba government, which began its civil government operations on May 20, 1902.
(B) After the new Constitution for Taiwan is promulgated, the President of Taiwan should submit an organizational chart and accompanying statement outlining the functioning of the Taiwan government to the US Congress. This will be valuable reference so that any necessary and appropriate additional laws and regulations for Taiwan can be drafted.
(C.) For Taiwan, the period of time beginning now and up to the promulgation of the new Constitution shall be known as the "organic law organization period" or "constitution organization period." Executive Orders and Presidential Directives issued by the Commander in Chief during this period will provide the necessary basis for present and future economic, legal, educational, environmental, agricultural, industrial, judicial, social, administrative, legislative, financial, and political restructuring to be carried out by the Taiwanese people. The High Commissioner's orders, directives, directions, etc. will provide further stipulations and make further clarifications.

(b) Constitutional Rights of non-Chinese

1. The "Republic of China" Constitution currently in use in Taiwan is silent on the constitutional rights of non-Chinese persons, nor are there any Judicial Yuan Supreme Court decisions which define this important area of jurisprudence. This statement is made in light of the fact that there is no consistent policy among government agencies in Taiwan either confirming or denying the constitutional rights of non-Chinese persons, and the term "ren min" in the Constitution tends to be regarded as meaning "Chinese people" or more specifically "people of Chinese ancestry" or those who hold local identity documents.

2. In light of the constitutional protections which the Chinese people, and indeed all aliens, have enjoyed in the United States since the Yick Wo. v. Hopkins decision of the US Supreme Court in 1886, which is granted without consideration of their visa status, it is affirmed that all persons within the territorial jurisdiction of Taiwan enjoy full constitutional rights unless a restriction of those rights for certain categories of persons is specifically provided for by law. In this regard, reference is made to Article 2 of the German Basic Law:
(1) Everyone has the right to the free development of his personality insofar as he does not violate the rights of others or offend against the constitutional order or the moral code. (2) Everyone has the right to life and to inviolability of his person. The freedom of the individual is inviolable. These rights may only be encroached upon pursuant to a law.

3. It is noted that in the constitutions of many nations, states, provinces, territories, etc. in the world, certain political rights are often restricted to those with local citizenship.

(c.) Constitution Education Committee

1. After the promulgation of Taiwan's new constitution, the Judicial Yuan, or its superseding agency, should establish a Constitution Education Committee to promote the values expressed in the new constitution.

2. Persons elected to serve on this Committee may be Taiwan island citizens, US citizens, or citizens of other countries.

(d) Quotations from German Basic Law

1. The quotations from the German Basic Law provided given in orders, directives, directions, etc. may be used as reference by researchers and other persons interested in the preparations for, and functioning of, Taiwan's Constitutional Convention.

2. It is noted that many Justices in Taiwan's Council of Grand Justices, and indeed in lower court levels, are fluent in German. Japanese law and Taiwanese law have traditionally followed the German model. The German Basic Law was originally promulgated in 1949.

(e) Receiving Suggestions from the Populace

The President of Taiwan should establish or authorize an appropriate office to receive reports, suggestions, and other input from all concerned individuals regarding the formation of Taiwan's new Constitution.

(f) US Constitution, Fifty States' Constitutions, European Constitutions, etc.

1. The United States Constitution, the fifty states' constitutions, and the constitutions of US unincorporated territories are also of excellent reference value for those persons interested in participating in the drafting of Taiwan's new constitution. These are widely available on the internet. Two good resources which are free to the public are
(A) the Legal Information Institute at Cornell University
http://www.law.cornell.edu/statutes.html and
(B) the Findlaw website
http://findlaw.com/casecode/

2. Legal researchers in Taiwan may also want to consult constitutions from other countries in North, South, and Central America, in Europe, in other Asian countries, etc. The Canadian Charter of Rights & Freedoms is also an excellent reference. Most of these documents are available on the internet.

Section 4. World Health Organization and World Trade Organization (It is to be expected that the following general guidelines will apply -- )

(a) WHO status

1. Based on the significant degree of commercial treaty-making powers under the treaty and international organizational clauses of the Taiwan Relations Act, Taiwan should qualify for Associate Membership in the World Health Organization under the United States of America. Such an interpretation is also consistent with the provisions of Article 8 of the WHO Constitution.

(b) WTO status

1. In accordance to the terms of its World Trade Organization membership, the Taiwan cession comprises a separate customs territory. In the WTO this is the "Permanent Mission of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu". This nomenclature reflects the correct position of Taiwan in the international community, and should not be subject to revision or downgrading due to unwarranted pressure by other WTO members on the WTO Secretariat.

2. Taiwan's accession to the WTO's Government Procurement Agreement (GPA) should be expedited.

3. The European Chamber of Commerce in Taipei (ECCT) has been active in monitoring the implementation of Taiwan's WTO commitments. The Taiwan governing authorities should work closely with ECCT officials, and the representatives of other commerce and industry groups, and strive to implement all necessary policies to assure WTO compliance.

Section 5. Taiwan island citizenship

(a) INA reference
The Immigration and Naturalization Act (INA) of the United States specifies that residence or a period of physical presence in the United States is required for transmitting US citizenship on or after December 24, 1952.
Reference: US Department of State Foreign Affairs Manual 7 FAM 1133.3   "Residence and Physical Presence Requirement"

1. In accordance with the spirit of the INA, it is to be expected that in order to qualify for Taiwan "island citizen" status, under United States administrative authority, persons who currently hold, or formerly held, the so-called ROC passport and/or ROC identity card will have to prove residence or a period of physical presence within the territorial jurisdiction of "Formosa & Pescadores".
(A) For those persons who are not physically present in Taiwan and/or who do not meet the residency requirement, it is to be expected that some categories of exceptions for the issuance of a Taiwan cession passport will be provided.
(i) Normally it would be expected that those persons who are studying or working outside of Taiwan, and who have the full intent to return to Taiwan, have immediate family members in Taiwan, etc. should prepare appropriate paperwork to document their status, and/or to prove that their absences involve official or corporate business, educational matters, family emergencies, etc.
(ii) others who have continuing and substantial connections to Taiwan should prepare appropriate paperwork to document their status,
(iii) additional details regarding passport matters will be promulgated in the near future.

2. The granting of Taiwan island citizenship will be conditional to laws, procedures, regulations, etc. established by the US government in consultation with the Taiwan governing authorities. There is no automatic claim to such citizenship for those who currently hold ROC ID cards, ROC passports, etc.
(A) Quotas, for persons from certain countries or geographic areas, or other categories of screening criteria, may be implemented.

3. Taiwan will spend the next several years in organizing and establishing a new "body politic." For those current holders of ROC passports who are deemed ineligible to be recognized as having Taiwan "island citizen" nationality, and hence ineligible to obtain a Taiwan cession passport, it is anticipated that some may consider themselves seriously disadvantaged. In dealing with this problem, it will be expected that some categories of waivers may be granted by the US State Department. However, as a general rule, in determining if any persons are seriously disadvantaged by the new laws regarding Taiwan island citizenship, the following considerations will be important:
(A) Does the person currently hold a passport of another country?
(B) Is the person currently eligible to apply to obtain a passport from another country?
(C.) Has the person, through his/her words or actions over a period of years, effectively cut off a majority of ties with the Taiwanese people and Taiwanese organizations? Is the person no longer familiar with the daily life in Taiwanese society?

4. US citizens and Taiwan island citizens in Taiwan will come together to comprise a "body politic." However, as a general rule, in order for US citizens in Taiwan to have voting eligibility in Taiwanese elections, it will be expected that they must already have permanent residence or meet the criteria for obtaining permanent residence.

5. US citizens who complete the application procedures to obtain the nationality of Taiwan island citizenship according to the Nationality Law in Taiwan shall retain US citizenship.
(A) Any US citizen who is also a Taiwan island citizen should only carry a US citizen passport. This shall be called the "US & Taiwan dual-citizen single passport rule."

6. Consideration of whether foreigners (aliens) may retain their original citizenship when completing the application procedures to obtain Taiwan island citizenship shall be subject to negotiation between the officials of the foreign countries and the Taiwan governing authorities.
(A) The legislative branches of any foreign countries are free to enact legislation forbidding their citizens from renouncing, or otherwise losing, their nationality when completing the procedures for obtaining Taiwan island citizenship.
(B) Under Article 9 of the Nationality Law currently in force in Taiwan, such legislation would be recognized as valid and binding under Taiwan law, and those foreign nationals would not be required to produce any proof of renunciation of original citizenship to complete the procedures for obtaining Taiwan citizenship.
(C.) It is noted that current US State Department rules do not specifically prohibit dual nationality.

7. According to the Nationality Law currently in effect in Taiwan, and indeed according to established Taiwanese, Chinese, and Japanese laws and customs, for US citizens or foreigners who give birth in the Taiwan cession, their children do not and will not automatically obtain Taiwan "island citizen" nationality.

9. Holders of US citizen passports and Taiwan cession passports should be aware of the Travel Warnings issued by the US Department of State. See
http://travel.state.gov/travel/warnings_current.html

(b) United States Code

22 USC 211a. The Secretary of State may grant and issue passports, and cause passports to be granted, issued, and verified in foreign countries by diplomatic and consular officers of the United States, and by such other employees of the Department of State who are citizens of the United States as the Secretary of State may designate, and by the chief or other executive officer of the insular possessions of the United States, under such rules as the President shall designate and prescribe for and on behalf of the United States, and no other person shall grant, issue, or verify such passports.
Unless authorized by law, a passport may not be designated as restricted for travel to or for use in any country other than a country with which the United States is at war, where armed hostilities are in progress, or where there is imminent danger to the public health or the physical safety of United States travelers.

22 USC 212 No passport shall be granted or issued to or verified for any other persons than those owing allegiance, whether citizens or not, to the United States.

(c.) "Oath of Allegiance Forbidden", Comments on

1. The stricture against compelling the inhabitants of areas under military government from taking "oaths of allegiance" should not be confused with the (A) "pledge of allegiance" to the flag, (B) the doctrine of "temporary allegiance" under the law of occupation, or (C.) the "swearing-in" ceremonies in a court. The "oaths of allegiance" in Article 45 of the Hague Regulations are primarily stated in connection with any attempt to compel the local inhabitants to join in armed or auxiliary forces, or to otherwise do military service. Such military service has traditionally been forbidden by the law of war. It was later codified in the Hague and Geneva Conventions. In particular, see Article 45 of the "Annex to the Hague Convention No. IV embodying the Regulations Respecting the Laws and Customs of War on Land" (1907), and Articles 40, 45, and 51 of the "Geneva Convention Relative to the Protection of Civilian Persons in Time of War" (1949).

2. As such, any participation in a pledge of allegiance to the flag or a swearing-in ceremony in a court is not in violation of the Hague or Geneva Conventions. The doctrine of "temporary allegiance" under the law of war, and as outlined in relevant US Supreme Court decisions, also includes the limitation that the local inhabitants will not be compelled to do military service.

3. "Temporary allegiance" is discussed further below:
(A) In U.S. v. Wong Kim Ark, 169 U.S. 649 (1898), it is noted that: "To create allegiance by birth, the party must be born, not only within the territory, but within the ligeance of the government. If a portion of the country be taken and held by conquest in war, the conqueror acquires the rights of the conquered as to its dominion and government, and children born in the armies of a state, while abroad, and occupying a foreign country, are deemed to be born in the allegiance of the sovereign to whom the army belongs. It is equally the doctrine of the English common law that during such hostile occupation of a territory, and the parents be adhering to the enemy as subjects de facto, their children, born under such a temporary dominion, are not born under the ligeance of the conquered."

(B) In the case of Castine, in Maine, reduced to British possession during the war of 1812, and specifically concerning the period from September, 1, 1814, to the ratification of the treaty of peace in 1815, according to the judgment of the US Supreme Court in United States v. Rice, (1819): "the British government exercised all civil and military authority over the place . . . . The authority of the United States over the territory was suspended, and the laws of the United States could no longer be rightfully enforced there, or be obligatory upon the inhabitants who remained and submitted to the conqueror. By the surrender, the inhabitants passed under a temporary allegiance to the British government, and were bound by such laws, and such only, as it chose to recognize and impose . . . .It is not to be inferred from this that the obligations of the people of Castine as citizens of the United States were abrogated. They were suspended merely by the presence, and only during the presence, of the paramount force."
(i) The "Treaty of Ghent" ending the war was signed in Ghent, Belgium, on December 24, 1814, and proclaimed on February 18, 1815.

(C.) A like example is found in the case of Tampico, occupied during the war with Mexico by the military troops of the United States. It was determined by the US Supreme Court in Fleming v. Page, (1850): that, although Tampico did not become a port of the United States in consequence of that military occupation, still, having come, together with the whole State of Tamaulipas, of which it was part, into the exclusive possession of the US national forces, it must be regarded and respected by other nations as the territory of the United States.
(i) The "Treaty of Guadalupe Hidalgo" ending the war was signed in Guadalupe Hidalgo, Mexico, on Feb. 2, 1848, and proclaimed on July 4, 1848.

(D) Under some circumstances, the military forces which have liberated a particular area will delegate the administrative authority for the military occupation to allies. This is a principal - agent relationship, based on Grotian agency, (see On the Law of War and Peace, by Hugo Grotius, published in 1625). The allegiance of the local populace is to the "principal occupying power." In other words, the doctrine of "temporary allegiance" only exists in a single tiered formulation.
(i) When raising the flag(s) over occupied territory, the flag of the "principal occupying power" should fly highest on the flagpole, and the flag of the "subordinate occupying power" should fly lower.
(ii) For the flag of a "subordinate occupying power" to fly alone on the flagpole is clearly a violation of the doctrine of temporary allegiance.

(E) Hence, it can be seen that the situations of Castine in Maine and Tampico in Mexico were cases of temporary possession of territory by lawful and regular governments at war with the country of which the territory so possessed was part, and involved the doctrine of "temporary allegiance" under the law of occupation. Also see US Supreme Court, Thorington v. Smith, 75 U.S. 1 (1868); Hanauer v. Woodruff, 82 U.S. 439 (1872); and DeLima v. Bidwell, 182 U.S. 1 (1901).

(d) Nationality of Inhabitants in Conquered Territory

1. Taiwan was liberated from Japan by United States military forces in WWII. The post-war treaty (aka San Francisco Peace Treaty) came into effect on April 28, 1952. Taiwan (aka "Formosa and the Pescadores") was a "limbo cession" under Article 2(b), with the United States as principal occupying power under Article 23. This is further clarified by Article 4(b) which states: "Japan recognizes the validity of dispositions of property of Japan and Japanese nationals made by or pursuant to directives of the United States Military Government in any of the areas referred to in Articles 2 and 3."
(A) In effect, upon ratification of the SFPT, Taiwan became a quasi-trusteeship under USMG within the United States' insular law framework.

2. In Gonzales v. Williams, 192 U.S. 1 (1904), the Supreme Court confirmed its earlier finding that: ". . . the nationality of the inhabitants of territory acquired by conquest or cession becomes that of the government under whose dominion they pass, subject to the right of election on their part to retain their former nationality by removal or otherwise, as may be provided . . . . " Also see Boyd v. Nebraska ex rel. Thayer, 143 U.S. 135 (1892).

3. The civil rights and political status of the native inhabitants of any territory under the administrative authority of the United States are typically determined by the US Congress. The US Immigration and Nationality Act is a United States law which was passed by the Congress.
(A) It should be remembered however that Taiwan is under a civil affairs administration of the United States Military Government (USMG). Above the USMG in Taiwan is the US Department of Defense (DOD). Above the DOD is the Commander in Chief.

4. In relation to Taiwan, it is expected that the determination of the exact meaning of the term "island citizens", their rights and obligations under the US Immigration and Nationality Act, including the type of passport they are entitled to carry, shall be determined by the US Immigration and Naturalization Service, with reference to the established rules in the Immigration and Nationality Act, and their interpretations. This determination shall be announced as soon as possible.
(A) It is noted that the term "Taiwan citizen" is a synonym for "island citizen" of the Taiwan cession, however this is not automatically equivalent to "United States citizen."

(e) Fundamental Rights

1. According to the precedent in US Supreme Court case of Dorr v. United States, 195 U.S. 138, 147 (1904), under the US Constitution there is the concept of "fundamental rights," and these may be described as "inherent although unexpressed principles which are the basis of all free government . . . . "
(A) In an authoritative 1997 report compiled by the United States' General Accounting Office, it was stated that "These fundamental rights appear to correspond roughly to the 'natural rights' earlier described by Justice White in a concurring opinion in Downes v. Bidwell, 182 U.S. 244 (1901). Justice White included among ‘natural rights' the right to one's own religious opinion as well as 'the right to personal liberty and individual property; to freedom of speech and of the press; to free access to courts of justice; to due process and to an equal protection of the laws; to immunities from unreasonable searches and seizures, as well as cruel and unusual punishments . . . . '  "
(B) The guarantees in the Fifth Amendment that no person shall "be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation" are clearly fundamental rights. Indeed, the ruling in Downes v. Bidwell, 182 U.S. 244 (1901) also held that " . . . . even in cases where there is no direct command of the Constitution which applies, there may nevertheless be restrictions of so fundamental a nature that they cannot be transgressed, although not expressed in so many words in the Constitution."
(C.) "In sum, it can fairly be said that the Insular Cases stand for essentially two propositions: (1) for territories incorporated into the United States, the Constitution applies ex proprio vigore, and (2) for unincorporated territories, only 'fundamental' constitutional rights apply." See King v. Morton, US Court of Appeals, D.C. Circuit, (1975).
(D) At the present time, the scope of "fundamental constitutional rights" which apply in unincorporated territories is still growing. The expansion of the scope of these rights may be obtained by legal means when specific cases are brought before the US federal judiciary, and the US Supreme Court.

(f) Passports and the right to travel -- fundamental rights

1. In Anglo-Saxon law the right to travel was emerging at least as early as the Magna Carta (June 15, 1215). Three Human Rights in the Constitution of 1787 included (1) Freedom of Debate, (2) Freedom of Movement, (3) Prohibition of Bills of Attainder, and show how deeply engrained in American history this freedom of movement is.
(A) The present Constitution of the USA came into force on March 4, 1789.

2. Freedom of movement across frontiers in either direction, and inside frontiers as well, was a part of the American heritage. Travel abroad, like travel within the country, may be necessary for a livelihood. It may be as close to the heart of the individual as the choice of what he eats, or wears, or reads. Freedom of movement is basic in our scheme of values. See Crandall v. Nevada, 6 Wall. 35, 44 (1868); Williams v. Fears, 179 U.S. 270, 274 (1900); Edwards v. California, 314 U.S. 160 (1941). "Our nation," wrote Chafee, "has thrived on the principle that, outside areas of plainly harmful conduct, every American is left to shape his own life as he thinks best, do what he pleases, go where he pleases." See Three Human Rights in the Constitution of 1787, by Zechariah Chafee, Jr., University or Kansas Press, Lawrence, Kansas, 1956, p. 197.
(A) In Bolling v. Sharpe, 347 U.S. 497 (1948), the US Supreme Court stated that: "Although the Court has not assumed to define `liberty' with any great precision, that term is not confined to mere freedom from bodily restraint. Liberty under law extends to the full range of conduct which the individual is free to pursue, and it cannot be restricted except for a proper governmental objective."
(B) According to the precedent in Kent v. Dulles, 357 U.S. 116 (1958), and subsequent INS interpretations, the right to travel is a part of the "liberty" of which a citizen, or other person owing allegiance to the United States, cannot be deprived without due process of law under the Fifth Amendment.

(g) Categories of Aliens

1. Under the Immigration and Naturalization Act (INA) and insular law of the United States, different categories of "aliens" may be recognized.

2. The most common type of "alien" would be a foreigner, i.e. a person who comes from a foreign country and who does not owe allegiance to the United States.

3-1. Two further types of "alien" may be delineated as:
(A) A person who comes from domestic territory. This would include the people of Puerto Rico in the period of April 11, 1899 to March 2, 1917, the people of Guam from April 11, 1899 to August 1, 1950, etc.
(B) A person who comes from foreign territory under the temporary dominion of the USA. This would include the people of Cuba from April 11, 1899, to May 20, 1902, and the people of Taiwan from April 28, 1952 to the present.
3-2. These people do owe allegiance to the United States and were/are entitled to carry some form of "US national non-citizen passport." See detailed chart "US Insular Law Considerations on the Origin and Classification of Aliens" at http://www.taiwanbasic.com/notes/download.htm

(h) Pledge of Allegiance

Richard W. Hartzell suggests the following pledge of allegiance for use in Taiwan:

I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands: Fifty States in one Nation indivisible, Six Major Overseas Territories international, with Liberty, Justice, and Human Rights for all.

(i) Due Process of Law

1. A fundamental requirement of due process is "the opportunity to be heard." See US Supreme Court, Grannis v. Ordean, 234 U.S. 385, 394 (1914). It is an opportunity which must be granted at a meaningful time and in a meaningful manner.

2. "Many controversies have raged about the cryptic and abstract words of the Due Process Clause but there can be no doubt that at a minimum they require that deprivation of life, liberty or property by adjudication be preceded by notice and opportunity for hearing appropriate to the nature of the case." See Mullane v. Central Hanover Tr. Co., 339 U.S. 306 (1950).

3. "An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections." See Milliken v. Meyer, 311 U.S. 457 (1941); Priest v. Las Vegas, 232 U.S. 604 (1914); Roller v. Holly, 176 U.S. 398 (1900), as quoted in Armstrong v. Manzo, 380 U.S. 545 (1965).

(j) Liberty, Comments on Positive and Negative Aspects of

1. The concept of liberty has two basic aspects: a positive aspect that focuses on freedom to participate in the decision-making processes of the group, and the negative aspect that considers an individual's freedom from governmental or social constraints.

2. Historically, liberty evolved first in its positive aspect. As such it included several basic political rights: the rights to vote, to hold office, to participate in making political decisions, to associate with others of like views, and to criticize the government. This kind of liberty was known first in ancient Athens under the leadership of Pericles in the 5th century B.C.

3. The positive concept of liberty is based on the realization that unlimited liberty would lead quickly to anarchy – the law of the jungle and the triumph of the strong over the weak. There can be no civilized and just society without a social and legal order: As Hugo Grotius stated in On the Law of War and Peace (1625): "Ubi societas, ibi ius" (where there is society, there is law), and indeed the Romans understood this in their practical wisdom.

4. The positive concept of liberty admits the need for some compulsion, but law and order must be self-imposed. Democracy, or government based on the consent of the governed, is an expression of the positive concept of liberty. It is to be sharply distinguished from government without consent, or totalitarianism.

5. The second meaning of liberty – the negative concept of absence of restraint – is of more recent origin. Form the 16th century onward, liberty has been considered mainly in its negative aspect as opposition to authoritarian prescriptions and restraints in religion, government, or economics. In this it follows the philosophy of "individualism" that found its first modern expression in the Renaissance and Reformation.
(This discussion of "liberty" was adapted from an article by William Ebenstein, University of California, Santa Barbara).

(k) Liberty and American Values
(observations by George W. Bush, 43rd President of the United States)

1. The enemies of liberty and our country should make no mistake: America remains engaged in the world by history and by choice, shaping a balance of power that favors freedom. We will defend our allies and our interests. We will show purpose without arrogance. We will meet aggression and bad faith with resolve and strength. And to all nations, we will speak for the values that gave our nation birth. -- Inaugural Address, January 20, 2001

2. Americans are a free people, who know that freedom is the right of every person and the future of every nation. The liberty we prize is not America's gift to the world; it is God's gift to humanity. -- State of the Union address, January 28, 2003

3. The advance of liberty is the path to both a safer and better world. -- Speech to UN General Assembly, September 21, 2004

4. The survival of liberty in our land increasingly depends on the success of liberty in other lands. The best hope for peace in our world is the expansion of freedom in all the world. -- Inaugural Address, January 20, 2005

5. America's belief in human dignity will guide our policies, yet rights must be more than the grudging concessions of dictators; they are secured by free dissent and the participation of the governed. In the long run, there is no justice without freedom, and there can be no human rights without human liberty. -- Inaugural Address, January 20, 2005

6. We are witnessing landmark events in the history of liberty. And in the coming years, we will add to that story. -- State of the Union address, February 2, 2005

Section 6. General Presidential Amnesties, Pardons, etc.

It is expected that the Commander in Chief will promulgate seven or more categories of "General Presidential Amnesties" in regard to various activities which involve the rights of people in Taiwan.

Section 7. Instructions by Category (Part 1)

(a) Court Jurisdictional Issues (It is to be expected that the following general guidelines will apply --)

1. Establishment of an Article 2 Court in the Taiwan cession

(A) A fundamental principle of international law is that, with few exceptions, a sovereign nation has exclusive jurisdiction to punish offenses against its laws committed within its borders.

(B) For a territory of the nature of the Taiwan cession, problems arise as to the suitability of certain persons being made subject to the jurisdiction of local Taiwan courts. In particular, it is clear that US citizens, whether civilians or active duty US military personnel, cannot obtain their full Bill of Rights protections in the local Taiwan judicial system. Moreover, further difficulties arise when considering situations where the application of the laws of the United States depend upon the law that is or was applicable on Taiwan or compliance therewith.
(i) Under such circumstances, and with cognizance that Taiwan is in interim status as unincorporated territory under United States Military Government, the establishment of what is called, in US Constitutional law, an "Article 2 Court," is warranted.
(iii) Article 14 of the International Convention on Civil and Political Rights describes certain standards and procedures that should be used in all courts and tribunals. The United States is a party to this Convention. See "Reference: Article 14 of the ICCPR" below.

(C.) With respect to the formation of such an Article 2 Court, to be named the United States Court of Taiwan, (herein referred to as "the Court"), an organization law will be announced separately.
(i) Mechanisms for determining jurisdiction and dealing with conflict of jurisdiction issues will be detailed in the Court's organization law.
(ii) Further details regarding the Court's jurisdiction, with reference to the provisions of the Taiwan Relations Act, will be detailed in a separate High Commissioner's Order.

(D) Importantly, for over fifty years, the President of Taiwan and all of his advisors and Cabinet members have continued to stress that the "Republic of China on Taiwan" is a sovereign nation, and that October 25, 1945 was "Taiwan Retrocession Day." Legal scholars, university professors, editors and columnists in the media, leaders of civic organizations, and court judges at all levels have followed along with this line of reasoning. That many judicial decisions in Taiwan have been based on this incorrect legal formulation cannot be denied. In addition, many Taiwanese people and other affected individuals have often complained that Taiwanese court decisions have not consistently recognized the separation of powers between the judicial, legislative, executive branches, etc., have been subject to outside influence, and in many cases have ignored important international law precedent, especially in the area of human rights. Based on these and other relevant factors, and with regard to the exercise of United States administrative authority over Taiwan, the organization law of the Court --
(i) will include some powers to remand certain cases to the Taiwanese Administrative Courts for re-adjudication,
(ii) will include some mechanisms for proposing the cancellation of certain Taiwanese Supreme Court decisions, based on application by affected parties and other appropriate judicial criteria,
(iii) will include some procedures for in-court mediation of difficult legal problems (primarily in regard to real estate registration, zoning, allotment, apportionment, usage, etc.) encountered by US and foreign parties, which the Taiwan governing authorities have failed to resolve,
(iv) but will not include any provisions for handling newly arisen civil and criminal cases involving the general Taiwanese populace.

(E) If similar in-court mediation procedures as those mentioned above are desired by the Taiwanese populace as a whole, the Taiwan citizenry should encourage the Legislative Yuan to upgrade the relevant organizational laws for the local court system in Taiwan.
(i) It is noted that at the present time the Taiwanese populace is represented by 225 Legislators in Legislative Yuan. (Of these, 176 are directly elected, and 49 are give seats via apportionment.) By contrast, US citizens and foreigners live in Taiwan and pay taxes, but are not so represented. Clearly, this amounts to taxation without representation.
(ii) Due to pre-existing restrictions on obtaining Taiwan (ROC) citizenship, and being allowed to vote, it has not generally been possible for US citizens and foreigners to make their voices heard in the halls of the Legislative Yuan in an effective manner.
(iii) For the last several decades, and indeed up to the present day, it has been the Taiwanese people who have had the power of the ballot box to elect their own representatives.

2. Reference: Article 14 of the International Convention on Civil and Political Rights:
1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The Press and the public may be excluded from all or part of a trial for reasons of morals, public order or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgment rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.
2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.
3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:
a. To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;
b. To have adequate time and facilities for the preparation of his defense and to communicate with counsel of his own choosing;
c. To be tried without undue delay;
d. To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;
e. To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
f. To have the free assistance of an interpreter if he cannot understand or speak the language used in court;
g. Not to be compelled to testify against himself or to confess guilt.
4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation.
5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.
6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.
7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

(b) Currency (It is to be expected that the following general guidelines will apply --)

1. The New Taiwan dollar (NT$) shall continue in circulation. The emblems and designs currently in use on paper currency and coins in the Taiwan cession reflect the unique cultural heritage of the people in Taiwan. Any future revisions of these designs shall be subject to the determination of the Taiwan governing authorities.
(A) In other words, the approval of the Commander in Chief and/or the US Congress is not required when making decisions regarding the designs on NT$ bills or coins.

2. Taiwanese trade with other countries is currently conducted in US dollars. This includes trade with the People's Republic of China.
(A) The national currency of the People's Republic of China is "Ren Min Bi" (RMB), however this is currently neither circulated in Taiwan, nor accepted for international trade payments.

3. While it is to be expected that US paper currency will come to be widely used in all types of commercial activities in Taiwan, it is unlikely that US coins will come into wide use in the short term. Hence, the use of the New Taiwan dollar shall be fully acceptable for making change when payment is made in US dollars in normal daily "domestic" transactions.
(A) The Taiwan's Central Bank, in coordination with the Ministry of Finance, will announce procedures regarding the acceptance of US paper currency in daily "domestic" transactions according to any timetable which it may determine.

4. The decision of what role the United States government authorities will take in the operation and/or overseeing of Taiwan's Central Bank, and whether a change in the name of the "issuing authority" of the New Taiwan dollar is desirable, will be subject to negotiations between Taiwan's Central Bank and Ministry of Finance officials, the US Secretary of the Treasury, Secretary of Defense, members of the Congress, and the Commander in Chief.

5. Future decisions on whether the NT$ will be "pegged" to the US dollar or allowed to "float" will be subject to negotiations between Taiwan's Central Bank and Ministry of Finance officials, Secretary of the Treasury, members of the Congress, and the Commander in Chief.

(c.) Equality of Taiwan Island Citizens under the Law (It is to be expected that the following general guidelines will apply --)

1. The rights and responsibilities of all Taiwan island citizens, irrespective of sex, religion, ethnic origin, provincial origin, race, class, educational level, or party affiliation, shall be equal under the law.

2. Unequal treatment must be based on firmly established Taiwanese national policy goals which have been approved by the Commander in Chief.
(A) The Commander in Chief may also establish national policy goals for other areas of activity.

(d) Firearms, Ownership and/or Possession of (It is to be expected that the following general guidelines will apply --)

1. Changes to current Taiwanese laws regarding the ownership or possession of firearms, and all related matters, may only be made with the approval of the Commander in Chief.

(e) Flag (It is to be expected that the following general guidelines will apply --)

1. The national flag currently in use in Taiwan is commonly regarded as the flag of, (or being very similar to the flag of) the Kuo Min Tang political party, a flag which was brought over from Mainland China by KMT forces during the Chinese Civil War period. These flags shall be taken down, folded, and returned to the local KMT office, party headquarters, or party representative in each town, village, county, or city. The returning of these flags shall be done in a respectful manner, during office hours. It is to be expected that the Commander in Chief will authorize the President of the Taiwan cession to treat any violation of the spirit of this instruction as an offense against public safety and public order. It is to be expected that the timetable for completion of this instruction will be six months.

2. The USA flag shall be flown 24 hours. There will be no flag raising or flag lowering ceremonies on a daily basis. All other customs in regard to the USA flag shall be observed, including the proper treatment of the flag and the proper method of folding. It is appropriate that the USA flag be illuminated at night.
(A) General information on the US flag, including history, traditions, rules, Q&A, etc. may be found on the internet at http://www.ushistory.org/betsy/flagetiq.html
(B) In the United States, Flag Day is celebrated on June 14th each year, however technically speaking this is not recognized as a federal holiday. The decision to designate June 14th as Flag Day was proclaimed by President Harry Truman in August 1949.
(C.) In American Samoa Flag Day is celebrated on April 17th.
(D) The Taiwanese people may designate a Flag Day according to their own local preferences.

3. In the United States, in addition to the national flag, each state has its own flag. American Samoa, Guam, Puerto Rico, US Virgin Islands, and other insular areas all have their own flags. These are flown together with the national flag.

4. Exceptions to the "USA flag shall be flown 24 hours" stipulation -- The Kinmen and Matsu island groups shall continue to fly the ROC flag.

5. The President of Taiwan will be authorized to begin making plans for a design competition and selection of an appropriate flag for the Taiwan cession. It is to be expected that the timetable for the selection of an appropriate flag for the Taiwan cession will be two years.

6. Although by no means a fixed rule, there is a trend in the modern concept of "flag design" that flags should be reversible, so that they have a "front side" and a "rear side" which is equally appealing. At the same time, this design concept allows the flag to be silk-screened, for easy replication, and avoids the necessity of the flag having to be printed and sewn together. The Taiwanese people may want to consider these aspects when designing their new flag.

(f) Flags, Respect for (It is to be expected that the following general guidelines will apply --)

1. The flags of the Republic of China (ROC) and the People's Republic of China (PRC) should be treated with respect.

2. The flags of other countries, territories, self-autonomous regions, etc. should also be treated with respect.

(g) Funds for Liability (It is to be expected that the following general guidelines will apply --)

1. Fund for Handling Other Liability Claims against the Taiwan Government or the US Government
(A) To the extent that these liabilities have not yet been dealt with, the establishment of a fund for the final disposition of any and all claims of liability in regard to various movements, incidents, actions, etc. which occurred in Taiwan from the period of October 25, 1945, to the present day, shall be subject to negotiations between the members of the Legislative Yuan.
(i) This may be called the T-1 Liability Fund.
(B) In regard to funding requirements for all liability issues, the Legislative Yuan shall pass special legislation to ensure that the necessary funds are available.

2. Definition of Liability
(A) "Liability" as spoken of herein indicates the state of being liable, and includes any obligation which arises or has arisen, and which requires the payment of an amount in money, goods, services, etc. to another party.
(B) "Liable" as spoken of herein indicates the condition of being legally obligated; responsible, or accountable for, or answerable to, bound to, subject to, or exposed to a certain contingency or casualty, whether due to damage to living beings, property, other items of value, tangible or intangible assets, etc. and whether construed in a legal, moral, social, psychological, or spiritual sense.

(h) Funding for United States Administrative Authority (It is to be expected that the following general guidelines will apply -- )

1. The US government will establish a fund to deal with all costs involved in US administrative activities over the Taiwan cession.

2. The source of monies for the fund will be determined by negotiations between the Taiwan governing authorities and the US government.

(i) Idle Assets Reports (It is to be expected that the following general guidelines will apply -- )

1. Reports covering under-utilization or non-utilization of land, buildings, equipment, facilities, research papers, etc. will be known as "Idle Assets Reports."
(A) Taiwan has 304 Farmers' Associations, 40 Fishermen's Associations, and 17 Water Irrigation & Conservancy Agencies. Within the following six months, all of these organizations, as well as any "parties" as specified in the "Questionably Held Assets Reports" sub-section, shall submit full reports to the Executive Yuan detailing the land, buildings, equipment, facilities, etc. under their jurisdiction, control, or use which are not being utilized to full capacity. Of particular note should be the under-utilization of buildings, equipment, facilities, etc. which were built or purchased with government subsidies.
(B) Additionally, these organizations shall also submit full reports to the Executive Yuan detailing the research papers and reports which they have commissioned in the past, and whose results have not been implemented to any substantial degree. Reporting details shall include the contracting (or sub-contracting) organization or agency, the amounts paid for each, the reasons for failing to implement the reports' recommendations, and other details.

2. After the review of each organization's Idle Assets Reports, the Executive Yuan shall coordinate with and direct these agencies and other subsidiary agencies to implement specific policies to increase the utilization of these assets.

(j) Independent Legislative Authority under the Ministry of Justice (It is to be expected that the following general guidelines will apply -- )

1. In order to handle the rapid and effective formulation of new laws and revision of existing laws in a number of important areas, an additional independent legislative authority may be established under the Ministry of Justice.

2. The High Commissioner should overview the significant problems which have continued to exist in Taiwan over the past ten or more years, and consider how these relate to the current functioning of Taiwanese government departments and the Taiwanese legal structure. He/She should then promulgate a High Commissioner's Order with a full listing of the categories of matters over which a newly established MOJ independent legislative authority will have jurisdiction to formulate new laws and revise existing laws. A minimum of forty categories is recommended.

3. The Minister of Justice shall have the authority to convene an independent legislative body to handle the formulation of regulations covering the above activities. Organizationally speaking, this will be considered as a Branch (fen yuan) of the existing Legislative Yuan, but specifically under the authority of the Ministry of Justice.
(A) Experts, specialists, and other knowledgeable persons recruited to serve in this Branch, whether on a short-term, long-term, or specific project basis, will be called "Legislative Consultants." Those who participate in the discussions and debate in regard to any legislation shall form a "panel."
(B) Recommendations of appropriate personnel to serve on any panel shall be solicited from the Executive Yuan, Legislative Yuan, Local business associations, and other NGOs, and may include US citizens or foreigners.
(C.) Procedures for accepting applications for the position of "Legislative Consultant" from the world community at large should also be specified in the Organization Law.

4. Further details on the functioning of this independent legislative body should be specified in its organizational law, and should include
(A) Procedures for "performance reviews" of Legislative Consultants,
(B) Procedures for transfer of jurisdiction of important items of legislation to this independent legislative authority, when they have languished in the Legislative Yuan for an excessive period of time,
(C.) Other procedures as appropriate.

5. The preliminary draft of an organization law shall be submitted to the High Commissioner for review and comments. After needed changes are made, the final draft shall be submitted to the High Commissioner for transfer to the Commander in Chief, for approval and promulgation.

6. The legal directives promulgated by this "Legislative Yuan, MOJ Branch" shall have the force of law. They will come into effect after being signed by the Taiwan President, in a similar manner to other legislative acts.
(A) The above formulation would appear to violate the separation of powers of the "Five Yuan" in the ROC Constitution, however it must be recognized that the ROC Constitution is not the true organic law of the Taiwan cession.

(k) Jurisdiction of the Taiwan governing authorities (It is to be expected that the following general guidelines will apply -- )

1. In regard to any orders, directives, directions, etc. of the Commander in Chief or the High Commissioner concerning Taiwan, no wording shall be construed as extending to the Taiwan governing authorities jurisdiction over the United States Government, any agency or division thereof, or any United States government employee, unless such specific authority has been conferred by the Congress of the United States.

2. The High Commissioner shall not be subject to subpoena by any investigative committees, or investigative agencies, of the Taiwan governing authorities.

3. The guarantee(s) in any orders, directives, directions, etc. of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Taiwan.

(l) Kinmen and Matsu Island Groups (It is to be expected that the following general guidelines will apply -- )

1. Additional instructions specifically related to the governance of the Kinmen and Matsu island groups will be given in Executive Orders and Presidential Directives.

(m) Letters Rogatory and Process Service (It is to be expected that the following general guidelines will apply -- )

1. A letter rogatory is a formal request from a court in one country to "the appropriate judicial authorities" in another country requesting compulsion of testimony, or documentary or other evidence, or to effect process service.
(A) Although statutory authority generally refers to the instrument as a "letter rogatory", the terms "letter rogatory" and "letter of request" (which is used specifically in the Hague Evidence Convention) have come to be virtually synonymous in actual practice.

2. Up to the present time, judicial assistance has been provided the Taiwan governing authorities in response to letters rogatory from foreign courts in accordance with Taiwan's "Law Governing Extension of Assistance to Foreign Courts." Under Taiwan law, judicial assistance is required for the recognition of and enforcement of any foreign judgments, and normal service does not suffice.

3. For those persons currently listed in the records of the Taiwan governing authorities as having household registration, or with any type of resident permit (or certificate), process service should be made to the person's residence of record.
(A) Failure to complete process service in this manner shall be considered improper.
(B) Note: The decision of whether those persons with household registration, or any type of resident permit, shall be allowed to register an additional "contact address" in government records, shall be made by the Ministry of the Interior.

4. Other specifications regarding process service shall be conducted based on the specifications and/or spirit of 28 USC 1608.

5. The operations and enforcement of any laws or regulations which are in violation of the spirit of this instruction are suspended, effective immediately. Process service in a suit against the US Government, or any officials or agencies thereof, shall be made only with the approval of the US Secretary of State.

(n) Military Conscription Matters (It is to be expected that the following general guidelines will apply -- )

1. The operations of any and all government offices, or personnel, whether in Taiwan or overseas, which deal with the administration of conscription matters for new conscripts into the Taiwan military will be suspended.
(A) Government employees in these offices will be reassigned to duties elsewhere.
(B) The operations and enforcement of any laws or regulations which are in violation of the spirit of this instruction will be suspended.
(C.) Offices in the Kinmen and Matsu island groups which deal with the administration of conscription matters for new conscripts will also be affected by this instruction.

2. The determination of whether the Taiwan cession needs to have a form of volunteer military forces, and whether both males and females should serve in those forces, will be made via consultations between the officials of the Pentagon, the President of the Taiwan cession, the High Commissioner, the Commander in Chief, members of Congress, and other officials as deemed appropriate.
(A) The timetable for making this determination will be announced separately.
(B) Decisions regarding the future of military conscription and military service in the Kinmen and Matsu island groups will also be announced separately.

3. It is noted that no unincorporated territories of the United States have initiated their own mandatory military conscription policies, as such policies would be in violation of their status under the federal dominion.

4. Many Taiwanese "island citizens" have become subject to criminal, administrative, and other charges by the Taiwan courts, and/or have had their passports confiscated by Overseas Taiwanese Representative Offices, for their failure to return to Taiwan, and/or to fulfill their military service requirement. Any affected individual, or his legal representative, should request official documentation from the Office of the High Commissioner which he can then use to apply with the relevant Taiwan government agency, or court, for cancellation of such charges, restoration of his good name, and/or return (extension, re-issuance, etc.) of his identification documents.

5. Based on anticipated future discussions with the Ministry of the Interior, current active military personnel in Taiwan may be re-assigned to augment Police forces at the city, county, or central government level, or to newly formed or upgraded police corps (herein referred to as "specialized police corps") such as airport police, aliens police, building police, chemical and radioactive contamination police, commercial police, construction site police, crops protection police, environmental police, food police, fire police, fresh air police, harbor police, highway police, immigration police, industrial police, intellectual property police, local market police, mountain police, river and navigation police, sanitary police, slaughterhouse police, water reservoir and dam police, etc. or to the Coast Guard Administration of the Executive Yuan, etc. in order to better maintain public safety and social order. The Legislative Yuan should take action to amend the necessary laws for the establishment of these specialized police corps as appropriate.
(A) Authorization for the funding requirements for the Coast Guard in Taiwan should be coordinated with the US Congress.
(B) Additionally, the Coast Guard in Taiwan may be subject to some degree of reorganization according to the determination of the US Department of Defense. Further details will be announced separately.

(o) Motherhood, Childhood, and Family (It is to be expected that the following general guidelines will apply --)

1. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection, and shall be entitled to the same opportunities for their physical and spiritual development and their position in society.
(A) In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, or legislative bodies, the best interests of each child shall be a primary consideration.
(B) Marriage and family shall enjoy the special protection of the government. That the husband, wife, and children (regardless of nationality) are entitled to live together is a basic human right.
(C.) The definition of the word "marriage" shall be left to the exclusive determination of the Taiwan governing authorities.

2. The Minister of the Interior, in cooperation with the Executive Yuan, should make recommendations to the Legislative Yuan to amend any laws or regulations which are in violation of the spirit of this instruction, or which violate "internationally recognized human rights protections." Such laws should be revised within three months.

(p) National Anthem (It is to be expected that the following general guidelines will apply -- )

1. In accordance with Taiwan's interim status under the SFPT, the national anthem is the "Star Spangled Banner". As an equivalent to the national anthem, "God Bless America" is also recognized by the American people.

2. In addition, the people of Taiwan may also choose their own "anthem," in order to promote their unique cultural identity.

(q) National Resource Management and Pollution (It is to be expected that the following general guidelines will apply -- )

1. The Executive Yuan shall promulgate a full list of the names and addresses of the coordination agencies (xie tiao hui) in each locality which are to be in charge of receiving any and all complaints of Taiwan "island citizens," US citizens, and aliens, in regard to government officials' improper management of natural resources, including the rivers, lakes, forests, river banks, sea coasts, dams, reservoirs, etc. These coordination agencies should have direct and substantial contacts with the local or central government departments involved with environmental protection.

2. Taiwan has serious pollution problems. Less than 10% of the population is linked to sewage-treatment systems, and the polluted waterways and coastlines retard agricultural, recreational, and tourism development. Many difficulties in dealing with industrial waste treatment, disposal, and recycling continue to exist, despite the promulgation of the Waste Disposal Act in October 2001.

3. In Taiwan, zinc-carbon batteries have an approximately 65% market share, and alkaline batteries account for most of the remainder. However, less than 10% of all used household batteries are being recycled, and primarily by being exported to overseas facilities. Used household batteries principally go to incinerators, resulting in toxic air pollution that is easily preventable.

4. Further details on other forms of pollution and Taiwan's ranking in the Environmental Sustainability Index (ESI) will be detailed in a separate High Commissioner's Directive on educational policy, health matters, and environmental regulations.

(r) Passports (It is to be expected that the following general guidelines will apply -- )

1. ROC Passports of Taiwan "island citizens"
(A) For the time being, ROC passports shall be continued to be regarded as "travel documents" valid for travel internationally. As a general rule, these passports will become invalid upon their date of expiration. Additional details on new policy measures will be announced by the US Secretary of State.

(B) Arrangements for renewal or replacement of ROC passports at Overseas Taiwan Representative Offices will be announced separately by the MOFA of the Taiwan cession or its successor department. Alternately, the renewal or replacement of ROC passports may be suspended upon the determination of the Taiwan governing authorities and/or US State Department.

2. New Design for "Taiwan cession Passport"
The US Department of State and US Immigration and Naturalization Service shall coordinate with the Taiwan governing authorities, and with the High Commissioner of the Taiwan cession, so that an appropriate design for the cover and interior pages of the "Taiwan cession Passport" may be determined. An appropriate government agency in Taiwan will be in charge of issuing these passports.

3. "Overseas ROC Passports" & Household Registration Matters
(A) Japanese law and Taiwanese law have traditionally followed the German model, and the concept of "household registration" comes from Germany.

(B) Procedures regarding Taiwan passport application matters for single nationality holders of ROC passports who do not have household registration in the Taiwan area (herein referred to as "Type 2 single nationals"), and who are now physically present within the Taiwan territorial jurisdiction (not including the island groups of Kinmen and Matsu), shall be made by the US Secretary of State.

(C) For those Type 2 single nationals now physically present in Taiwan territorial jurisdiction who have overstayed their short-term or long-term visas, the decision of whether to announce a general amnesty will be made by the US Secretary of State.

(D) In regard to Type 2 single nationals now sojourning outside the Taiwan territorial jurisdiction, and with full respect for their rights, two categories must first be delineated:
Category (i): for those who actually have residency rights in another country, there are two sub-categories.
Sub-category (I): they are currently in the locality of overseas domicile where they actually have residency rights,
Sub-category (II): they are currently sojourning in a third country.
In the second sub-category, they are free to return to the country where they actually have residency rights.
Category (ii): for those who have no residency rights in any country, and who have no other nationality, application shall be made in the country of original domicile for "residency rights." Problems or difficulties which develop in this regard, especially in relation to the fact that under the laws of the country of original domicile these persons may not be eligible for "residency rights," will be a subject for discussion in the United Nations, and decisions as to how to handle the affairs of these individuals will be determined in a manner specified by the United Nations.
(I) The decisions of the United Nations in these matters will be binding on all persons and all nations involved.
(II) Petitions by affected individuals for assistance in coordinating relevant matters shall be submitted to the US State Department, according to procedures which it will announce.
(III) In the event that a decision has not been made and implemented in regard to any petition submitted via the Secretary of State to the United Nations within a specified period of time, the Department of State shall take appropriate action.

(E) In regard to the implementation of this instruction, in any case where an unreasonable burden is placed on any "Type 2 national," application may be made with Taiwan's Ministry of the Interior for a review of the circumstances of any particular situation on a case by case basis. The Minister of the Interior shall have the authority to waive any legal requirements under Taiwanese law, excepting matters involving the criminal code, in handling the final disposition of such cases. The Minister of the Interior will make a final determination in each case, which will be binding on all parties concerned.

(F) Type 2 nationals who have a second nationality shall be referred to as "Type 2 dual nationals." These persons
(i) who have entered Taiwan on a Type 2 national passport and overstayed their visa should leave the Taiwan area and make arrangements to re-enter on their other passport, and are subject to the "overstay fines" as determined by the Taiwan governing authorities,
(ii) as a general rule, these persons shall not be subject to blacklisting by the Taiwan governing authorities, except upon approval by the High Commissioner, and with each case to be reviewed individually,
(iii) as a general rule, these persons should travel on the passport of the second nationality.

(G) The legal stipulation that there exists a "two-tiered" or "multi-tiered" categorization of citizenship (where some persons do not have "right of abode" anywhere inside the territorial jurisdiction) is offensive to American constitutional principles, and also in violation of a wide number of international covenants and declarations. For those Taiwanese "Type 2" nationals who do not hold citizenship in any other country, their status of being without residency rights anywhere within the territorial jurisdiction amounts to forced exile.

(H) The United Nations has promulgated or endorsed numerous covenants and declarations on how the legal rights of stateless individuals are to be handled in their location of domicile. Although these have not been ratified by all nations, nevertheless their provisions serve as excellent guidelines for actions by all governments, in the absence of more specific domestic legislation.

4. Issuance of "Type 2 national" Passports
(A) For many years, the issuance of "Type 2 national" passports by the Taiwan governing authorities has been described by some human rights advocates as an egregious behavior which should be discontinued. Therefore,
(B) All provisions of the Taiwanese Passport Law (aka Republic of China Passport Law), its Implementing Regulations, or of any other laws or regulations which authorize the issuance of "Type 2 national" passports (the so-called "overseas Chinese" passports), will be suspended.
(C.) The Taiwanese Ministry of Foreign Affairs, or its successor agency, and all Overseas Representative Offices, should make a full accounting of stocks of unissued "Type 2 national" passports, and other passports, currently on their premises.

5. With the recognition that Taiwan is unincorporated territory under USMG and currently in interim status, the above procedures outline the approach which the United States government may take with regard to "overseas Chinese" passport matters and nationality matters.
(A) Importantly, under the One China Policy the PRC is recognized as the sole legitimate government of China, and the PRC certainly has the right to offer assistance to these "overseas Chinese" persons.
(B) All affected individuals should check with the Embassy of the People's Republic of China in their location of residence, or other nearby country, to see what further options are available to them under the laws of the People's Republic of China.

(s) Petitioning for Redress of Grievances (It is to be expected that the following general guidelines will apply -- )

1. In Chinese society, the history of petitioning high government officials for redress of grievances goes back thousands of years.

2. The Executive Yuan shall promulgate full guidelines outlining the proper receiving agencies for the petitions of Taiwan "island citizens," US citizens, and aliens, for the redress of grievances in regard to all categories of activities.
(A) The intent of such guidelines will be to enable the public to address their grievances to the proper government agency, in order to decrease any wasted time and effort associated with these activities.
(B) Based on any relevant considerations, the Executive Yuan's guidelines may be amended at any appropriate time.
(C.) Petitions regarding any matters related to the future disposition of the Kinmen and Matsu island groups should be directed to the Executive Yuan directly.

3. The Executive Yuan shall also make a determination, in cases where persons are petitioning for monetary compensation, whether the petitioner shall be required to show proof of having paid income tax in the Taiwan cession. The appropriate procedures for submitting such proof, as an attachment to the petition, shall be fully outlined.

4. It is expected that the residents of Taiwan will also look upon the High Commissioner as an appropriate person to receive many types of petitions of this nature. Indeed, the First Amendment to the US Constitution states that the Congress shall make no law abridging the right of the people to petition the Government for a redress of grievances.

5. After the Executive Yuan has promulgated its guidelines, and in order to meet the expectations of the people, the High Commissioner shall promulgate any additionally necessary guidelines, especially in reference to the function and role of the High Commissioner's Office, related subsidiary agencies, fifty-state agencies, and the US federal government.
(A) The intent of such guidelines will be to enable the public to address their grievances to the proper government agency, in order to decrease any wasted time and effort associated with these activities.

(t) Political Parties, Agenda of (It is to be expected that the following general guidelines will apply -- )

1. The members of each of Taiwan's many political parties should treat each other with respect and dignity. It is expected that the President of Taiwan will be authorized to treat any violation of the spirit of this order as an offense against public safety and public order.

2. Political parties may continue to promote their own agenda for the finalization or upgrading of the Taiwan status, whether such agenda involves annexation to the PRC, Taiwan independence, a commonwealth arrangement with the United States (similar to Puerto Rico), a Chinese Economic Community (German: Gemeinschaft), Chinese Federation, or any other scenario. The promotion of such agenda is in accordance with the constitutional right to free speech.

3. The flags, emblems, or other unique designations of each political party may continue to be shown. This includes the KMT flag, and/or the ROC flag, which may continue to be used for the time being by those who desire to display it.

4. Any other relevant restrictions on the display of emblems, insignia, or other unique designations of any political parties may be announced by the Taiwan governing authorities as appropriate.

5. It is to be noted that under a democratic system of government, there is no proper claim that a particular "political party" equals the nation, or exclusively represents the nation. In fact, the nation is composed of the people. See further comments on "nation" and "nationhood" in separate High Commissioner's Directive dealing with terminology issues.

(u) President of the Taiwan Cession and his Duties (It is to be expected that the following general guidelines will apply -- )

1. In order to avoid conflict of interest, the President of the Taiwan cession should not concurrently serve as Chairman, Vice-Chairman, or member of the Central Committee (aka "Central Standing Committee") of the political party of which he/she is a member. If the current President is in violation of this instruction, the timetable for his needed adjustment of status will be announced in the near future.

2. A similar rule shall also apply to the Vice President of the Taiwan cession. If the current Vice President is in violation of this instruction, the timetable for her needed adjustment of status will be announced in the near future.

(v) President of the Five Yuan, Ministers, Mayors, etc. and their Duties (It is to be expected that the following general guidelines will apply -- )

1. In order to avoid conflict of interest, neither the President or Vice President of any of the Five Yuan, nor Ministers, Mayors, Vice-Mayors, County Magistrates, County Vice-Magistrates, City Councilpersons, County Councilpersons, or other high ranking government officials should serve in positions of authority, such as Chairman, Vice-Chairman, member of the Central Committee (aka "Central Standing Committee"), etc. in the political parties of which they are members, nor should they be employed in other professions.

2. Members of the Legislative Yuan who are currently involved as defendants in judicial suits in the Taiwan courts should not serve on the Judicial Committee of the Legislative Yuan. However, the Legislative Yuan may submit proposals for "categories of exceptions" to this rule to the Premier for approval. Upon approval by the Executive Yuan, these categories of exceptions should be submitted to the President of Taiwan for approval or veto.

3. If any high-ranking Taiwanese government officials are currently in violation of this instruction, the timetable for his/her needed adjustment of status will be announced in the near future.

(w) Protection of Witnesses and Informants (It is to be expected that the following general guidelines will apply -- )

1. The National Police Administration (NPA) and local police departments should immediately upgrade all procedures, regulations, and guidelines regarding the confidentiality, protection, and non-disclosure of the identities of witnesses, informers, and other persons who report crimes.
(A) Any other organizations which deal with similar matters should also upgrade all relevant procedures, regulations, and guidelines.

2. The High Commissioner may review the actions of the NPA and other subsidiary or similar agencies at any time after six months and may establish a Board of Inquiry to deal with related matters if appropriate.

(x) Public Affairs Coordination Committees (It is to be expected that the following general guidelines will apply -- )

1. The Executive Yuan as well as each City and County government should designate, or newly establish, a Public Affairs Coordination Committee (PACC). This Committee shall assume responsibility for coordination of complaints by local residents, businesses, etc. regarding any and all types of public affairs, including the operations of government departments, the enforcement of government laws, regulations, and standards, and the protection of public safety.

2. Complaints of "selective enforcement" or "bottlenecks" in the enforcement of laws and regulations should be directed to this Committee. In addition, this Committee shall work to improve overall government efficiency.
(A) Alleged selective enforcement in laws in regulations relevant to any housing communities, resort communities, apartment complexes, etc. shall also be dealt with by these committees.

3. In the event that a member of the public is not satisfied with the results obtained, decisions of local city/county government PACC may be appealed to the Executive Yuan's PACC. Decisions of the Executive Yuan's PACC may be appealed to the Coordination Bureau of the US High Commission in Taiwan.

4. Each PACC will have the power to subpoena parties to a dispute to appear for mediation. Persons who do not appear after being issued a subpoena shall be subject to fines according to a schedule to be promulgated by the Executive Yuan.

5. The Coordination Bureau of the US High Commission may at any time require that a representative from the Central Personnel Administration attend its coordination meetings and compile a report on the issues discussed and the remedial actions necessary.

6. Suggestions, petitions, etc. regarding any related matters should be directed to the appropriate Committee at each City or County Government, or to the Executive Yuan, No. 1 Chung Hsiao East Road, Section 1, Taipei 100, Taiwan.

7. Residents of the Kinmen and Matsu island groups should submit their suggestions, petitions, etc. directly to the Executive Yuan.

8. Matters regarding the protection of the environment should be handled by the coordination agencies (xie tiao hui) in each locality.

(y) Questionably Held Assets Reports (It is to be expected that the following general guidelines will apply -- )

1. "Questionably Held Assets Reports" will designate reports covering property (including land, buildings, equipment, facilities, etc.),
(A) acquired from the government in Taiwan, or any branch, division, or agency thereof, at any time in the period of October 25, 1945 to the present, or
(B) acquired by or from the KMT political party, or any of its supplementary organizations, during the period of October 25, 1945 to July 31, 1987, or
(C.) acquired as property abandoned by Japanese nationals, organizations, government, etc. in the period after October 25, 1945, or
(D) recognized by the Taiwan governing authorities before January 1, 2003, to be questionably held, occupied, or appropriated,
now held or previously held by persons or organizations as designated according to future procedures to be announced, when obtained without payment of fair market value, held with or without title, or which were (or are) currently rented at below market value, or which were (or are) currently used or occupied without reasonable rent payments.

2. The Executive Yuan shall design appropriate forms for the reporting of such assets, and may require various attachments or other forms of proof, or may promulgate necessary additional instructions as appropriate. The Executive Yuan
(A) may draft detailed implementing directions for the enforcement of this instruction, including the appropriate method for handling any disputes which may arise,
(B) may designate what statute of limitations apply, if any, or if this instruction is to apply to "property" already sold or otherwise disposed of in any prior period of time,
(C.) may designate what provisions of the Taiwan civil law shall not apply in dealing with Questionably Held Assets, and if "provisional seizure" under law shall be allowed,
(D) may decide if the ownership of property abandoned by Japanese nationals, organizations, government, etc. in the period after October 25, 1945, and currently held by Taiwan government agencies, corporations, organizations, or any other parties should be transferred to the District Courts of the Taiwan governing authorities for management until appropriate new disposition measures can be devised,
(E) may also decide if relevant procedures and instruction are to apply to agencies or organizations in the Kinmen and Matsu island groups.
(F) may, if the Premier feels it desirable, submit a draft of the necessary legislation for enforcement of this instruction and all related matters to the Commander in Chief for promulgation. This draft should be submitted via the office of the High Commissioner.

3. The Executive Yuan should determine appropriate arbitration procedures for the resolution of any disagreements which arise in connection with the verification or disposition of any Questionably Held Assets.

4. Within the following six months, all organizations subject to the specifications given herein shall submit full reports to the Executive Yuan detailing the property under their jurisdiction or control which qualify as Questionably Held Assets.

5. After the review of each organization's Questionably Held Assets Reports, the Executive Yuan shall implement appropriate procedures so that the occupants or users are paying reasonable rental fees, for the present and the future, etc., or demand other forms of compensation as appropriate.
(A) Decisions regarding the collection of past due rental fees shall be announced separately.

6. Any claims of the United States against these Questionably Held Assets shall be subject to negotiations between the US State Department and the Taiwan governing authorities. The timetable for these negotiations will be announced separately.

(z) Recall Law (It is to be expected that the following general guidelines will apply -- )

1. The High Commissioner should immediately promulgate a Recall Law for the Taiwan cession.

(b-a) Respect for Life (It is to be expected that the following general guidelines will apply -- )

1. Respect for Human Life: The Ministry of the Interior (MOI) shall establish a Respect for Life Committee whose duties are to assume overall responsibility covering the formulation and implementation of policies in the "respect for life" area, including mistreatment, torture, neglect, abandonment, smuggling, trafficking, battery, forced labor, capital punishment, euthanasia, prison over-crowding, missing persons, adoption, abortion, surrogate motherhood, stem cell research, therapeutic cloning, cryonics, child custody, reproductive rights, domestic violence, abduction marriages, all types of exploitation, refugee and asylum matters, lifestyle and sexual orientation matters, organ transplant availability matters, social welfare assistance (or other assistance) for families suffering hardship, long term care for invalids, rehabilitation issues, care for victims of hit and run accidents, investigation into the relationships between ethics and the criminal code, counseling and reparations for victims of violent crime, etc.
(A) Suggestions, position papers, petitions, etc. regarding these matters should be directed to the Ministry of the Interior, at No. 5 Hsu Chou Road, Taipei 100, Taiwan.
(B) Legislative proposals for privately run prisons or correctional institutions should be drafted by the MOI, so that private sector organizations can own and operate such facilities.
(C.) Coordination with, and consolidation of, other departments in the MOI, and within other Ministries, shall be undertaken as appropriate.
(D) The Respect for Human Life Committee may be expected to deal with issues between husband and wife, other family members, relatives, etc., and no doubt will have to deal with the subject of "family morality" in the broadest sense, which may include, among other matters, a discussion of "when human life begins." Most properly, any discussions of "family morality" in Taiwan shall be the exclusive concern of the local populace, local NGOs, and the Taiwan governing authorities. The High Commissioner will offer no detailed comments or suggestions on such subject matter.

2. Respect for Animal Life: All matters regarding the formulation and implementation of policies in the "respect for life" area for animals, including domestic animals or companion animals (raised by humans), wild animals (in the sky and on land,) farm animals, sea life, etc. are handled by Taiwan's Council of Agriculture (COA), which coordinates with city and county governments, and with the Environmental Protection Administration (EPA) as necessary. Health standards for packaged or canned pet foods also fall under the jurisdiction of the COA. Suggestions, position papers, petitions, etc. regarding all matters in the "Respect for Animal Life" area should be directed to the Council of Agriculture, No. 37 Nan Hai Road, Taipei 100, Taiwan. It is possible that the separate "Respect for Animal Life Committee" will be established under another Taiwanese government agency. See further comments in High Commissioner's Directive dealing with educational policy, health matters, and environmental regulations.

3. Respect for Plant Life: All matters regarding the improper treatment, handling, processing, etc. of fruit, vegetables, and other consumables, including chemical, fertilizer, and insecticide usage, are handled by the Council of Agriculture. Plant life in the wild, and issues regarding forestry management are the concern of the EPA, which coordinates with the Council of Agriculture as appropriate. Suggestions, position papers, petitions, etc. regarding all matters in the "Respect for Plant Life" area, including plant biodiversity issues, should be directed to the Environmental Protection Administration, No. 41 Junghua Rd., Section 1, Taipei 100, Taiwan. It is possible that the separate "Respect for Plant Life Committee" will be established as a joint task force of the COA and the EPA.

(b-b) Social Groups, Agenda of (It is to be expected that the following general guidelines will apply -- )

1. Any social groups, whether formally or informally organized, may continue to promote their own agenda for the finalization or upgrading of the Taiwan status, whether such agenda involves annexation to the PRC, Taiwan independence, a commonwealth arrangement with the United States (similar to Puerto Rico), a Chinese Economic Community (German: Gemeinschaft), Chinese Federation, or any other scenario. The promotion of such agenda is in accordance with the constitutional right to free speech.

2. As John Stuart Mill (1806 - 1873) stated: "If all mankind minus one were of one opinion, mankind would be no more justified in silencing that one person than he, if he had the power, would be justified in silencing mankind."

(b-c) Stateless Persons (It is to be expected that the following general guidelines will apply -- )

1. Within the following months, all laws shall be changed to enable stateless persons within the Taiwan territorial jurisdiction to prove their stateless condition according to reasonable standards, and to apply for residency rights, and later "island citizenship" rights. The requirement that a stateless person must produce a certificate of statelessness from the country in which he/she is not a citizen will be subject to immediate suspension.
(A) The Legislative Yuan shall be in charge of the necessary legal changes.
(B) Laws which are not appropriately changed by the Legislative Yuan during the aforementioned time period may be changed by direct order of the High Commissioner.

2. Article 16 of the Immigration Law will no longer be interpreted to mean that only stateless persons from Thailand, Indonesia, and Burma (Myanmar) are entitled to residency rights, and eventual "island citizenship" rights in Taiwan. Such an interpretation is in violation of international norms in dealing with stateless persons, and in violation of the provisions of relevant UN Covenants and Declarations.

3. Stateless persons, who have entered the Taiwan territorial jurisdiction illegally, shall be subject to the appropriate criminal penalties, after which they may apply for residency rights, and later "island citizenship" rights.

4. Stateless persons in Taiwan shall have the right to possess identification documents.

5. The stateless persons as spoken of in this sub-section are defined as being in the category of "stateless" and a sub-category of their country (or territory) of birth.

(b-d) Taiwan Cession Code (TCC) (It is to be expected that the following general guidelines will apply -- )

1. The "Legislative Yuan, MOJ Branch" shall do a complete study on the feasibility of adapting the format of the "United States Code" (USC) for use in Taiwan.

2. A preliminary report (in both English and Chinese) shall be submitted to the High Commissioner within six months. The final report and recommendations shall be submitted to the Attorney General of the United States (in English), with a copy to the Commander in Chief, within one year. Additional copies shall be submitted to the High Commissioner.

(b-e) Taxes Assessed by the Taiwan Governing Authorities (It is to be expected that the following general guidelines will apply -- )

1. The tax code currently in place under the authority of the Taiwan governing authorities (herein referred to as "Taiwan tax code") will remain in place for the time being, except for certain categories of exceptions to be promulgated by the Commander in Chief.

2. The Taiwan tax code will be subject to further revision and updating in the future according to consultations between relevant Ministries of the Taiwan governing authorities, the Commander in Chief, High Commissioner, and other officials as appropriate, along with the advice of members of the US Congress.

3. By general law the Legislative Yuan shall prescribe and adopt a "Taxpayers' Bill of Rights" that, in clear and concise language, sets forth taxpayers' rights and responsibilities and government's responsibilities to deal fairly with taxpayers under the laws of Taiwan.
(A) Public Hearings should be held during the drafting stage of this legislation.
(B) This "Taxpayers' Bill of Rights" should be passed into law at an early date, and certainly no later than October 30, 2006.

(b-f) Taxes on Commercial Activities (It is to be expected that the following general guidelines will apply -- )

1. At the most basic level, it should be remembered that Taiwan's international status is that of an "independent customs territory" under USMG.

2. The price of all transactions in Taiwan shall include the appropriate taxes.
(A) The often-seen custom of quoting two different prices for goods and services, one with tax and one without, shall be discontinued.

3. The Legislative Yuan is urged to pass the necessary legislation, within the near future, for the strengthened enforcement of and penalties for violations.

(b-g) Taxes Overdue (It is to be expected that the following general guidelines will apply -- )

1. The Ministry of Justice and the Ministry of Finance should cooperate to insure that immediate action is taken in regard to collecting all overdue tax monies owed by persons, companies, etc. in Taiwan.

2. The Executive Yuan should ensure that these two ministries have adequate staffing of personnel to carry out this instruction.

(b-h ) Territorial Seal (It is to be expected that the following general guidelines will apply -- )

1. The seal of Taiwan shall be designed by public competition and used in connection with official matters. It shall be called the great seal of Taiwan.

(b-i) Three Noes

1. President Clinton summarized the Three Noes during a trip to China in June 1998. He stated that: "We don't support (A) independence for Taiwan; or (B) 'two Chinas' or 'one Taiwan, one China'; and (C.) we don't believe that Taiwan should be a member in any organization for which statehood is a requirement."

2. The SFPT, the US Constitution, the One China Policy, the Taiwan Relations Act, the three USA-PRC joint communiques, the Six Assurances, and the Three Noes remain the cornerstones of US policy toward Taiwan and China.

3. Although scholars of Chinese history claim that China was first united under the Qin Dynasty, it is important to note that the maps of early dynasties such as the Qin (221 - 207 BC), the Han (206 BC - 220 AD), the Three Kingdoms (220 – 280), etc. and even up to the Ming Dynasty (1368 - 1644), do not include Taiwan. In fact, Taiwan does not appear on Chinese maps until the Qing Dynasty (1644 – 1911), and indeed Taiwan (Formosa) and the Pescadores were ceded to Japan in 1895 under the terms of the Treaty of Shimonoseki. This Treaty was ratified by the Qing Emperor.

4. The recognition that Taiwan was nominally ruled by the Qing Dynasty, however, does not mean that Taiwan was ruled by the Han people. The Taiwanese people are certainly aware of this distinction.

5. See detailed chart "Examination of Taiwan's Territorial Sovereignty and the ROC's International Legal Position" at http://www.taiwanbasic.com/notes/download.htm

(b-j) USA Citizen Resident Certificates (It is to be expected that the following general guidelines will apply -- )

1. USA citizens in Taiwan may be separated into two categories, depending on whether or not they concurrently hold Taiwan island citizenship.

2. For those USA citizens who are concurrently Taiwan island citizens, any identification documents issued to them by the Taiwan governing authorities should make clear their dual status.

3. For those USA citizens in Taiwan on a resident visa, the proper terminology for their identification document is "USA Citizen Resident Certificate." This may be abbreviated to USRC. Additionally, for those who have obtained permanent residency in Taiwan, the proper terminology for their identification document is "USA Citizen Permanent Resident Certificates." This may be abbreviated to USPRC.

4. According to statistics provided by Taiwan's National Police Administration,
(A) in 2002, there were 10,614 US citizens resident in Taiwan. This figure included twelve US citizens resident in the Kinmen and Matsu island groups.
(B) in 2003, there were 10,243 US citizens resident in Taiwan. This figure included six US citizens resident in the Kinmen and Matsu island groups.
(C.) in 2004, there were 13,525 US citizens resident in Taiwan. This figure includes 200 permanent residents and eight US citizens resident in the Kinmen and Matsu island groups.

5. In regard to the above mentioned statistics, two considerations should be noted:
(A) The NPA statistics do not include any data on those US citizens resident in Taiwan (of "Chinese ancestry") who are also Taiwanese citizens, and hence live in Taiwan based on their Taiwanese documentation. These "dual nationals" are known to be quite numerous.
(B) Additionally, the NPA statistics do not include any data on US citizens staying in Taiwan on a long term basis who are on "short term" visas. Such a situation has of course arisen due to Taiwan's restrictive visa policies.

(b-k) US Congress, Coordination with (It is to be expected that the following general guidelines will apply -- )

1. The Commander in Chief may ask the US Congress to pass special legislation to facilitate the upgrading of the "Chinese nomenclature" of any and all Taiwanese organizations, whether in the public or private sector, in regard to registration matters in the United States, as well as in other countries, or international organizations. This will include the facilitation of all procedures necessary for the speedy changing of such terminology as "China," "Chinese," "Republic of China," "Chinese Taipei," etc. to "Taiwan."
(A) The change of terminology in regard to international contractual matters of the Taiwanese governing authorities, or of companies, organizations, etc. in Taiwan's private sector, and waiver of relevant fines or other fees, should also be addressed.

2. The President of the Taiwan cession, and Cabinet members, should decide what other matters need to be brought to the attention of the US Congress, and submit recommendations via the Office of the High Commissioner.

(b-l) US Trade Deficit with the PRC (It is to be expected that the following general guidelines will apply -- )

1. The US trade deficit with China reached US$125 billion in 2003. In 2004, this deficit rose to US$160 billion.

2. Specific steps should be implemented to decrease the size of this deficit.
(A) Taiwanese economists and other interested parties who have suitable recommendations for dealing with this problem should submit all relevant details to the High Commissioner.

(b-m) US Container Security Initiative (CSI), Taiwan's signing of (It is to be expected that the following general guidelines will apply -- )

1. In conjunction with the US Homeland Security Secretary's new port safety plan to protect the United States from possible dangers arriving on the container ships that enter the East, West, and Gulf coast harbors, as well as other harbors, it is now common practice that customs and border security officers are posted at major overseas seaports.

2. Kaohsiung Harbor is among the top twenty ports around the world that are included in the first phase implementation of this port safety plan.

(b-n) USCDC Permanent Office in Taiwan (It is to be expected that the following general guidelines will apply -- )

1. The Commander in Chief may ask that the Director of the Centers for Disease Control and Prevention prepare a report on the feasibility of establishing a permanent office in the Taiwan cession.