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Executive Order 13014

Issued by William J. Clinton on Thursday 15 August 1996


Maintaining Unofficial Relations With the People on Taiwan

Federal Register, Volume 61 Issue 161 (Monday, August 19, 1996)

[Federal Register Volume 61, Number 161 (Monday, August 19, 1996)]
[Presidential Documents]
[Pages 42963-42964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13014]



[[Page 42961]]


_______________________________________________________________________

Part V





The President





_______________________________________________________________________



Executive Order 13014--Maintaining Unofficial Relations With the People 
on Taiwan


                        Presidential Documents 



Federal Register / Vol. 61, No. 161 / Monday, August 19, 1996 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 42963]]

                Executive Order 13014 of August 15, 1996

                
Maintaining Unofficial Relations With the People
                on Taiwan

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

                Section 1. Delegation and Reservation of Functions.

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

                Sec. 2. Specification of Laws and Determinations.

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

[[Page 42964]]

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

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

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

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

                    (Presidential Sig.)

                THE WHITE HOUSE,

                    August 15, 1996.

[FR Doc. 96-13014
Filed 8-16-96; 11:24 am]
Billing code 3195-01-P


Citation: 61 FR 42963
Supersedes: EO 12143, June 22, 1979
 

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