Mandatory Guidance from Department of State
Regarding Contact with Taiwan


Sept. 2008




MANDATORY GUIDANCE FROM DEPARTMENT OF STATE REGARDING CONTACT WITH TAIWAN

1. SUMMARY: EXECUTIVE BRANCH CONTACTS WITH TAIWAN REPRESENTATIVES ABROAD SHOULD BE CARRIED OUT IN ACCORDANCE WITH THE GUIDELINES LAID OUT IN PARA 3 BELOW. THE GUIDELINES APPLY TO ALL OCCASIONS THROUGHOUT THE YEAR AND ESPECIALLY IN THE WEEKS PRIOR TO THE OCTOBER 10 ("DOUBLE TEN") ANNIVERSARY OF THE FOUNDING OF THE "REPUBLIC OF CHINA." PLEASE ENSURE THAT THESE GUIDELINES ARE BROADLY CIRCULATED WITHIN YOUR MISSION. THIS CABLE DOES NOT PROVIDE GUIDELINES FOR AIT EMPLOYEES. END SUMMARY.

BACKGROUND ON UNOFFICIAL NATURE OF U.S. RELATIONS WITH TAIWAN

2. FOR THE PAST THREE DECADES, THE UNITED STATES HAS ADHERED TO A ONE CHINA POLICY, CONSISTENT WITH THE THREE U.S. - PRC JOINT COMMUNIQUES AND THE TAIWAN RELATIONS ACT (ALL AVAILABLE ON THE STATE DEPARTMENT'S WEBSITE). IN KEEPING WITH THIS ONE CHINA POLICY, THE U.S. GOVERNMENT ESTABLISHED DIPLOMATIC RELATIONS WITH THE PRC IN 1979 AND RECOGNIZED THE PRC AS THE SOLE LEGAL GOVERNMENT OF CHINA FOLLOWING THE TERMINATION OF FORMAL RELATIONS BETWEEN THE UNITED STATES AND THE GOVERNING AUTHORITIES ON TAIWAN, THE UNITED STATES BEGAN MAINTAINING UNOFFICIAL RELATIONS WITH THE ISLAND, PER THE TAIWAN RELATIONS ACT. SIMILARLY, THE U.S. - PRC JOINT COMMUNIQUE OF 1979 STATES THAT "THE PEOPLE OF THE UNITED STATES WILL MAINTAIN CULTURAL, COMMERCIAL, AND OTHER UNOFFICIAL RELATIONS WITH THE PEOPLE OF TAIWAN."

GUIDELINES FOR CONTACTS WITH TAIWAN REPRESENTATIVES

3. THE TAIWAN RELATIONS ACT ESTABLISHED THE AMERICAN INSTITUTE IN TAIWAN (AIT) AS A NONPROFIT CORPORATION RESPONSIBLE FOR CARRYING OUT PROGRAMS, TRANSACTIONS, AND OTHER RELATIONS THAT WOULD, HAD WE MAINTAINED DIPLOMATIC RELATIONS, HAVE BEEN CONDUCTED BY THE PRESIDENT OR ANY AGENCY OF THE USG WITH RESPECT TO TAIWAN. TAIWAN'S COUNTERPART TO AIT IS THE TAIPEI ECONOMIC AND CULTURAL REPRESENTATIVE OFFICE IN THE UNITED STATES (TECRO). EXECUTIVE BRANCH OFFICIALS SHOULD ADHERE TO THE FOLLOWING GUIDELINES FOR INTERACTION WITH REPRESENTATIVES OF TAIWAN:
-- TAIWAN REPRESENTATIVES SHOULD BE TREATED WITH APPROPRIATE COURTESY AND RESPECT, WITHIN THE FRAMEWORK OF OUR UNOFFICIAL RELATIONS WITH THE ISLAND.

-- USG OFFICIALS SHOULD CONDUCT THE SAME SUBSTANTIVE RANGE OF BUSINESS WITH THEIR TAIWAN COUNTERPARTS THAT THEY WOULD CONDUCT WITH REPRESENTATIVES FROM COUNTRIES WITH WHICH THE UNITED STATES HAS DIPLOMATIC RELATIONS.

-- MEETINGS BETWEEN USG OFFICIALS AND TAIWAN AUTHORITIES OUTSIDE THE UNITED STATES MUST BE HELD OUTSIDE USG AND TAIWAN OFFICES (E.G., AT PRIVATE MEETING ROOMS OR RESTAURANTS).

-- EMBASSY PERSONNEL MAY ACCEPT INVITATIONS TO PRIVATE FUNCTIONS HOSTED BY TAIWAN REPRESENTATIVES EITHER IN RESTAURANTS OR IN THEIR HOMES, BUT NOT IN RESIDENCES OF TAIWAN'S PRINCIPAL REPRESENTATIVES OR AMBASSADORS. INVITATIONS TO OFFICIAL TAIWAN-HOSTED FUNCTIONS OR ANY FUNCTIONS HELD ON TAIWAN'S OFFICIAL PREMISES MAY NOT BE ACCEPTED.

-- U.S. EMBASSY AND CONSULATE PERSONNEL MAY HOST TAIWAN REPRESENTATIVES AT PRIVATE FUNCTIONS IN RESTAURANTS OR IN THEIR HOMES, BUT NOT IN U.S. CHIEF OF MISSION RESIDENCES. TAIWAN REPRESENTATIVES MAY NOT BE INVITED TO U.S. FUNCTIONS OF AN OFFICIAL NATURE OR TO FUNCTIONS HELD ON OFFICIAL U.S. PREMISES.

-- IN COUNTRIES WHERE THE TAIWAN AMBASSADOR SERVES AS THE DEAN OF THE DIPLOMATIC CORPS, U.S. PERSONNEL MAY ONLY ATTEND FUNCTIONS THAT THE TAIWAN AMBASSADOR HOSTS FOR THE ENTIRE CORPS IN HIS ROLE AS DEAN.

-- ANY FUNCTION HELD ON OR AROUND OCTOBER 10, CELEBRATED BY TAIWAN AUTHORITIES AS THE ANNIVERSARY OF THE FOUNDING OF THE "REPUBLIC OF CHINA," SHOULD BE CONSIDERED AN OFFICIAL FUNCTION REGARDLESS OF ITS VENUE OR DECLARED NATURE. (NOTE: WASHINGTON-BASED EXECUTIVE BRANCH OFFICIALS ARE PERMITTED TO ATTEND THE SEPARATE TECRO-SPONSORED RECEPTION SPECIFICALLY FOR USG EXECUTIVE BRANCH OFFICIALS THAT NORMALLY TAKES PLACE IN MID-OCTOBER, BECAUSE IT IS DISTINCT FROM THE FORMAL DOUBLE-TEN FUNCTION.)

-- USG OFFICIALS MAY NOT ATTEND OFFICIAL OVERSEAS FUNCTIONS THAT HONOR OR ARE HOSTED BY VISITING TAIWAN AUTHORITIES. THE ONLY EXCEPTION MIGHT BE A FUNCTION, NOT ON TAIWAN'S OFFICIAL PREMISES, HOSTED BY TAIWAN REPRESENTATIVES FOR A MEETING OF AN INTERNATIONAL ORGANIZATION IN WHICH TAIWAN IS A FULL MEMBER. REQUESTS TO ATTEND SUCH EVENTS MUST BE REFERRED TO THE DEPARTMENT (EAP/TC) FOR CONSIDERATION ON A CASE-BY-CASE BASIS (SEE PARA 6 BELOW).

-- U.S. GOVERNMENT REPRESENTATIVES SHOULD NOT CORRESPOND DIRECTLY WITH AUTHORITIES FROM TAIWAN, BUT RATHER SHOULD SEND LETTERS THROUGH AIT-TECRO CHANNELS. INDIVIDUALS FROM TAIWAN WHOM U.S. EXECUTIVE BRANCH OFFICIALS CONTACT ARE GENERALLY REFERRED TO BY NAME, TITLE, AND CITY WITHOUT USE OF INTERNATIONAL NOMENCLATURE (E.G., DIRECTOR GENERAL CHANG, CIVIL AVIATION BUREAU, TAIPEI). CORRESPONDENCE TO THESE INDIVIDUALS IS PREPARED ON PLAIN WHITE STATIONERY AND SIGNED WITH A PERSONAL NAME WITHOUT A USG TITLE. (THE EXCEPTION MIGHT BE WHEN CORRESPONDING WITH A TAIWAN REPRESENTATIVE TO AN INTERNATIONAL ORGANIZATION OF WHICH TAIWAN IS A FULL MEMBER. THE REPRESENTATIVE'S TITLE, AFFILIATION, AND STATUS IN THE ORGANIZATION SHOULD BE AS SPECIFIED IN THE CONTEXT OF THE INTERNATIONAL ORGANIZATION, E.G., "CHINESE TAIPEI" IN APEC). AIT WILL PACKAGE CORRESPONDENCE UNDER AN APPROPRIATE COVER LETTER TO TECRO, FROM WHICH IT WILL BE RELAYED TO RECIPIENT AUTHORITIES ON TAIWAN.
GUIDELINES FOR TRAVEL TO TAIWAN

4. ALL EXECUTIVE BRANCH PERSONNEL WHO PLAN TO TRAVEL TO TAIWAN FOR WORK-RELATED REASONS MUST HAVE PRIOR CONCURRENCE FROM THE STATE DEPARTMENT'S OFFICE OF TAIWAN COORDINATION BEFORE REQUESTING TRAVEL CLEARANCE FROM AIT TAIPEI. USG PERSONNEL TRAVEL TO TAIWAN IN THE CAPACITY OF CONSULTANTS TO AIT. OFFICIAL TRAVEL IS NOT PERMITTED FOR STATE OR DEFENSE OFFICIALS ABOVE THE RANK OF OFFICE DIRECTOR OR FOR UNIFORMED MILITARY PERSONNEL ABOVE THE LEVEL OF 06 (COLONEL, NAVY CAPTAIN) WITHOUT THE WRITTEN PERMISSION OF EAP/TC. FOR PERSONAL TRAVEL, SENIOR EXECUTIVE BRANCH OFFICIALS AT OR ABOVE THE LEVEL OF ASSISTANT SECRETARY OR THREE-STAR FLAG OFFICERS MUST OBTAIN CLEARANCE FROM EAP/TC. ALL TRAVEL BY EXECUTIVE BRANCH PERSONNEL TO TAIWAN OR TRANSITING THROUGH TAIWAN MUST BE ON A REGULAR (TOURIST) PASSPORT. DIPLOMATIC AND OFFICIAL PASSPORTS SHOULD NOT BE USED FOR TRAVEL TO TAIWAN.

U.S. POLICY ON TAIWAN'S STATUS IN INTERNATIONAL ORGANIZATIONS

5. CONSISTENT WITH OUR ONE CHINA POLICY, THE UNITED STATES DOES NOT SUPPORT TAIWAN'S MEMBERSHIP IN INTERNATIONAL ORGANIZATIONS FOR WHICH STATEHOOD IS REQUIRED (E.G. THE UNITED NATIONS OR ANY OF ITS AFFILIATED ORGANIZATIONS). THE UNITED STATES SUPPORTS, AS APPROPRIATE, TAIWAN'S INVOLVEMENT IN INTERNATIONAL ORGANIZATIONS, PROCESSES, AGREEMENTS, AND GATHERINGS WHERE STATEHOOD IS NOT A PREREQUISITE. WITHIN THE PARAMETERS OF OUR ONE CHINA POLICY, THE UNITED STATES DOES NOT TAKE A POSITION ON WHAT TAIWAN'S TITLE SHOULD BE IN INTERNATIONAL ORGANIZATIONS. THE UNITED STATES SUPPORTS FLEXIBLE ARRANGEMENTS AND NOMENCLATURE ACCEPTABLE TO BOTH THE PRC AND TAIWAN AND OPPOSES ATTEMPTS BY EITHER SIDE TO USE NOMENCLATURE FOR POLITICAL PURPOSES INCONSISTENT WITH U.S. POLICY. THE USG'S OVERALL GOAL IS TO ENABLE THE PEOPLE ON TAIWAN TO COMPLY WITH INTERNATIONAL REGULATIONS AND GUIDELINES AND RECEIVE APPROPRIATE INTERNATIONAL ASSISTANCE AND ADVICE, DESPITE TAIPEI'S GENERAL LACK OF RECOGNITION AS AN INDEPENDENT STATE.

GUIDELINES ON TAIWAN MILITARY UNIFORMS AND ROC FLAGS

6. IN KEEPING WITH THE UNOFFICIAL NATURE OF OUR RELATIONS WITH TAIWAN AND THE FACT THAT THE UNITED STATES DOES NOT RECOGNIZE TAIWAN AS AN INDEPENDENT, SOVEREIGN STATE, MILITARY REPRESENTATIVES OF THE AUTHORITIES ON TAIWAN SHOULD NOT WEAR THEIR UNIFORMS WHILE IN THE UNITED STATES OR ON U.S. PREMISES OVERSEAS, AND THE "ROC" FLAG SHOULD NOT BE DISPLAYED ON USG PREMISES.

COORDINATION WITH WASHINGTON ON TAIWAN MATTERS

7. POSTS THAT HAVE ANY QUESTIONS REGARDING CONTACT WITH TAIWAN OR ITS REPRESENTATIVES SHOULD SEEK EARLY GUIDANCE FROM EAP'S OFFICE OF TAIWAN COORDINATION.

TERMINOLOGY

8. THE DEPARTMENT REMINDS POSTS THAT, CONSISTENT WITH THE UNOFFICIAL NATURE OF U.S.TAIWAN TIES, THE U.S. GOVERNMENT DOES NOT REFER TO TAIWAN AS THE "REPUBLIC OF CHINA," THE "REPUBLIC OF CHINA ON TAIWAN," OR A COUNTRY. THE USG REFERS TO TAIWAN SIMPLY AS "TAIWAN."