Category: U.S. Government

Taiwan in the National Defense Authorization Act (NDAA), 2021

Update, January 1, 2021

On this date, the William M. (Mac) Thornberry National Defense Authorization Act 2021 became Public Law No: 116-283.

On this date, the NDAA 2021 passed in the Senate, overriding the veto by a Yea-Nay vote of 81-13 (the required 2/3 affirmation).

Update, December 28, 2020

On this date, the NDAA 2021 passed in the House, overriding the veto by a Yea-Nay vote of 322-87 (the required 2/3 affirmation).

Update, December 23, 2020

On this date, the Enrolled Bill was vetoed by the President. The bill is now passed to the House and Senate for a vote.

Update, December 11, 2020

On this date, the conference report was agreed to in the Senate by a Yea/Nay Vote of 84-13.

On this date, Congress also submitted the 2021 NDAA to the President for signature. The following Taiwan-related language was included in the enrolled version of the bill:

SEC. 1260. Statement of Policy and Sense of Congress on the Taiwan Relations Act

(a) STATEMENT OF POLICY.—It is the policy of the United States—
(1) that the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.) and the Six Assurances provided by the United States to Taiwan in July 1982 are the foundation for United States-Taiwan relations;

(2) to fully pursue the deepening of the extensive, close, and friendly relations of the United States and Taiwan pursuant to the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.), the intent of which is to facilitate greater cooperation and the broadening and deepening of United States-Taiwan relations;

(3) that the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.) shall be implemented and executed, consistent with the Six Assurances, to address evolving political, security, and economic dynamics and circumstances;

(4) that, as set forth in the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.), the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means, and that any effort to determine the future of Taiwan by other than peaceful means, including boycotts and embargoes, is a threat to the peace and security of the Western Pacific area and of grave concern to the United States;

(5) that the increasingly coercive and aggressive behavior of the People’s Republic of China towards Taiwan is contrary to the expectation of the peaceful resolution of the future of Taiwan; and

(6) as set forth in the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.), to maintain the capacity to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan.

(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the United States should continue to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability, including by—
(A) supporting acquisition by Taiwan of defense articles and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis on capabilities that support the asymmetric defense strategy of Taiwan, including anti-ship, coastal defense, anti-armor, air defense, undersea warfare, advanced command, control, communications, computers, intelligence, surveillance, and reconnaissance, and resilient command and control capabilities;
(B) ensuring timely review of and response to requests of Taiwan for defense articles and services;
(C) conducting practical training and military exercises with Taiwan that enable Taiwan to maintain a sufficient self-defense capability;
(D) examining the potential for expanding professional military education and technical training opportunities in the United States for military personnel of Taiwan;
(E) increasing exchanges between senior defense officials and general officers of the United States and Taiwan at the strategic, policy, and functional levels, consistent with the Taiwan Travel Act (Public Law 115–135; 132 Stat. 341), especially for the purposes of—
(i) enhancing cooperation on defense planning;
(ii) improving the interoperability of the military forces of the United States and Taiwan; and
(iii) improving the reserve force of Taiwan; and
(F) expanding cooperation in humanitarian assistance and disaster relief;

(2) the Secretary of State should ensure that any policy guidance related to United States-Taiwan relations is fully consistent with the statement of policy set forth in subsection (a);

(3) the Secretary of Defense should ensure that policy guidance related to United States-Taiwan defense relations is fully consistent with the statement of policy set forth in subsection (a); and

(4) the Secretary of State, the Secretary of Defense, and the heads of other Federal agencies and departments, as appropriate, should issue new guidance as required to carry out such policy.

SEC. 1260A. Annual Briefing on Taiwan Arms Sales

(a) IN GENERAL.—Not later than 45 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, or his or her designee, shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the United States commitment to supporting Taiwan in maintaining a sufficient self defense capability, as required by the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and affirmed in the Asia Reassurance Initiative Act of 2018 (22 U.S.C. 3301 note).

(b) ELEMENTS.—Each briefing required by subsection (a) shall include the following:
(1) A description of United States efforts to implement section 209(b) of the Asia Reassurance Initiative Act of 2018 (22 U.S.C. 3301 note) by conducting regular transfers to Taiwan of defense articles tailored to meet the existing and likely future threats from the People’s Republic of China, including any effort to support Taiwan in the development and integration into its military forces of asymmetric capabilities, as appropriate, including mobile, survivable, and cost-effective capabilities.

(2) A description of the role of such transfers of defense articles and services in supporting Taiwan in maintaining the capabilities, readiness levels, and resourcing necessary to fulfill and implement Taiwan’s Overall Defense Concept.

(3) A description of—
(A) United States efforts to conduct a regularized process for consideration of transfers of defense articles and services to Taiwan; and
(B) any barriers to conducting such a process.
(c) SUNSET.—This section shall cease to have effect on December 31, 2026.

SEC. 1260B. Report On United States-Taiwan Medical Security Partnership

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Health and Human Services, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the feasibility of establishing a medical security partnership with the Ministry of Defense of Taiwan that shall include the following:

(1) The goals and objectives of developing a medical security partnership on issues related to pandemic preparedness and control.

(2) A discussion of current and future plans to cooperate on medical security activities.

(3) An evaluation of the feasibility of cooperating on a range of activities under the partnership, including—
(A) research and production of vaccines and medicines;
(B) joint conferences with scientists and experts;
(C) collaboration relating to and exchanges of medical supplies and equipment; and
(D) the use of hospital ships such as the United States Naval Ship Comfort and United States Naval Ship Mercy.

(4) Any other matters the Secretary of Defense determines appropriate.

SEC. 9724. Fairness for Taiwan Nationals Regarding Employment at International Financial Institutions

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) Taiwan is responsible for remarkable achievements in economic and democratic development, with its per capita gross domestic product rising in purchasing power parity terms from $3,470 in 1980 to more than $55,000 in 2018;
(2) the experience of Taiwan in creating a vibrant and advanced economy under democratic governance and the rule of law can inform the work of the international financial institutions, including through the contributions and insights of Taiwan nationals; and
(3) Taiwan nationals who seek employment at the international financial institutions should not be held at a disadvantage in hiring because the economic success of Taiwan has rendered it ineligible for financial assistance from such institutions.

b) IN GENERAL.—The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution to use the voice and vote of the United States to seek to ensure that Taiwan nationals are not discriminated against in any employment decision by the institution, including employment through consulting or part-time opportunities, on the basis of—
(1) whether they are citizens or nationals of, or holders of a passport issued by, a member country of, or a state or other jurisdiction that receives assistance from, the international financial institution; or
(2) any other consideration that, in the determination of the Secretary, unfairly disadvantages Taiwan nationals with respect to employment at the institution.

(c) WAIVER AUTHORITY.—The Secretary of the Treasury may waive subsection (b) for not more than 1 year at a time after reporting to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that providing the waiver
(1) will substantially promote the objective of equitable treatment for Taiwan nationals at the international financial institutions; or
(2) is in the national interest of the United States, with a detailed explanation of the reasons therefor.

(d) PROGRESS REPORT.—The Chairman of the National Advisory Council on International Monetary and Financial Policies shall submit to the committees specified in subsection (c) an annual report, in writing, that describes the progress made toward advancing the policy described in subsection (b), and a summary of employment trends with respect to Taiwan nationals at the international financial institutions.

(e) INTERNATIONAL FINANCIAL INSTITUTION DEFINED.—In this section, the term ‘‘international financial institutions’’ has the meaning given the term in section 1701(c)(2) of the International Financial Institutions Act (22 U.S.C. 262r(c)(2)).

(f) SUNSET.—The preceding provisions of this section shall have no force or effect beginning on the earlier of—
(1) the date that is 7 years after the date of the enactment of this Act; or
(2) the date that the Secretary of the Treasury reports to the committees specified in subsection (c) that each international financial institution has adopted the policy described in subsection (b).

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Taiwan Arms Sales Notified to Congress, 1990-2020

See Also: https://www.ustaiwandefense.com/taiwan-arms-sales-notified-to-congress-1990-2021/

Taiwan Arms Sales 1990-2020 amount in billions (December 7, 2020)
Taiwan Arms Sales 1990-2020 number of notifications (December 7, 2020)

Taiwan Arms Sales notified to Congress from 1990 to December 7, 2020. Foreign Military Sales (FMS) only, in US$ billion and by number of notifications.

Sources:

– FMS Data from the Defense Security Cooperation Agency at http://www.dsca.mil

– Kan, Shirley A., “Taiwan: Major U.S. Arms Sales Since 1990” Congressional Research Service Report RL30957, January 5, 2015

 

Note that the gaps in notifications were as follows:
October 25, 2005 – February 28, 2007
October 3, 2008 – January 29, 2010
September 21, 2011 – December 16, 2015
December 16, 2015 – June 29, 2017

 

 

 

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USTBC Welcomes the Sale to Taiwan of a Field Information Communications System (FICS) for US$280 million

(Arlington, Virginia, December 7, 2020)

The US-Taiwan Business Council today welcomed the announcement of a possible Foreign Military Sale to Taiwan of a Field Information Communications System (FICS) and related equipment. The Defense Security Cooperation Agency (DSCA) delivered the required certification notifying Congress of this proposed arms sale on December 7, 2020.

The published Congressional Notification (transmittal number 20-87) has a total expected program cost of US$280 million. The proposed sale consists of a Field Information Communications System (FICS) with 154 Communications Nodes (CN) with S-788 Type III shelter, 24 Communication Relays with S-788 Type III shelter, 8 Network Management Systems (NMS) with S-788 Type III shelter, Basic Issue Items (BII), communication support equipment, equipment integration, tools and test equipment, and other related elements of technical, engineering, equipment, logistics, and program support.

In response to this notification, US-Taiwan Business Council President Rupert Hammond-Chambers said, “We welcome the announcement of this program, showing that Taiwan’s military continues to modernize its military network backbone, providing its forces with improved communications and strengthening interoperability.”

“Additionally, the Council welcomes the timing of this congressional notification, showing that the process of supporting Taiwan’s legitimate force modernization needs continues through the transition to a new U.S. administration.”

Source: See the DSCA website at https://www.dsca.mil/press-media/major-arms-sales

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The US-Taiwan Business Council Welcomes the Sale to Taiwan of 4 MQ-9B SeaGuardian Surveillance Drones

(Arlington, Virginia, November 3, 2020)

The US-Taiwan Business Council today welcomed the announcement of a possible Foreign Military Sale to Taiwan of 4 Weapons-Ready MQ-9B Remotely Piloted Aircraft and related equipment. The Defense Security Cooperation Agency (DSCA) delivered the required certification notifying Congress of this proposed arms sale on November 3, 2020.

The published Congressional Notification (transmittal number 20-74) has a total expected program cost of US$600 million. The proposed sale consists of 4 Weapons-Ready MQ-9B Remotely Piloted Aircraft, 2 Fixed Ground Control Stations, 2 Mobile Ground Control Stations, and 14 Embedded Global Positioning System/Inertial Navigations Systems (EGI) with Selective Availability Anti-Spoofing Module. It also includes targeting and electronic surveillance measures systems, SeaVue patrol radars, data terminals, transponders, engines, secure communications and other equipment, spare and repair parts, training and engineering support, and other related elements of logistical and program support.

In response to this notification, the fifth involving Taiwan within the last two weeks, US-Taiwan Business Council President Rupert Hammond-Chambers said, “Taiwan continues to expand its existing intelligence, surveillance, and reconnaissance (ISR) infrastructure. Adding the SeaGuardian platform will provide Taiwan with substantial new maritime surveillance capabilities. This is a crucial mission for the Taiwan Navy, particularly given the PLA’s aggressive incursions in regional waters and in the Taiwan Strait. We can expect Taiwan to further expand this capability in the coming years.

Hammond-Chambers added “Taiwan is hitting its stride in its efforts to modernize and develop its military capacity. SeaGuardian is a top-rated platform, and this sale reflects an adjustment by the Trump Administration to make available new capabilities – such as drones – to U.S. friends and allies to complicate PLA planning. American policy towards Taiwan should indeed include consideration of all platforms that enhance Taiwan’s defensive posture while also improving Northeast Asian security.

Source: See the DSCA website at https://www.dsca.mil/press-media/major-arms-sales

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The US-Taiwan Business Council Welcomes the Sale to Taiwan of Mobile Coastal Defense Systems with RGM-84L-4 Harpoon Block II Missiles

(Arlington, Virginia, October 26, 2020)

The US-Taiwan Business Council today welcomed the announcement of a possible Foreign Military Sale to Taiwan of up to 100 Harpoon Coastal Defense Systems (HCDS) with up to 400 RGM-84L-4 Harpoon Block II Surface Launched Missiles and related equipment and support. The Defense Security Cooperation Agency (DSCA) delivered the required certification notifying Congress of this proposed arms sale on October 26, 2020.

The published Congressional Notification (transmittal number 20-68) is for a total expected program cost of US$2.37 billion. The proposed sale consists of up to 400 RGM-84L-4 Harpoon Block II Surface Launched Missiles and 4 RTM-84L-4 Harpoon Block II Exercise Missiles. Also included are 411 containers, 100 Harpoon Coastal Defense System Launcher Transporter Units, 25 radar trucks, spare and repair parts, and other elements of personnel, documentation, engineering, technical, and logistics support.

In response to this notification, the fourth involving Taiwan over the last week, US-Taiwan Business Council President Rupert Hammond-Chambers said, “it is important to look at the totality of Taiwan’s capacity-building efforts to fully grasp the effort to improve Taiwan’s defensive capabilities.

Hammond-Chambers added “These mobile land-based coastal defense batteries, with proven and reliable Harpoon missiles, add to Taiwan’s existing anti-ship defenses and provide significant additional deterrent capabilities. The substantial expansion of Taiwan’s Coastal Defense Cruise Missile stocks, which also include the domestically designed and built Hsiung Feng II/III, is a welcome development.

Source: See the DSCA website at https://www.dsca.mil/press-media/major-arms-sales

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The US-Taiwan Business Council Comments on Three Proposed Foreign Military Sales to Taiwan for US$1.8113 billion

(Arlington, Virginia, October 21, 2020)

The US-Taiwan Business Council today welcomed the announcement of three possible Foreign Military Sales to Taiwan of 135 AGM-84H Standoff Land Attack Missile Expanded Response (SLAM-ER) Missiles, 6 MS-110 Recce Pods, and 11 High Mobility Artillery Rocket Systems (HIMARS) M142 Launchers, along with related equipment and support.

The Defense Security Cooperation Agency (DSCA) delivered the required certifications notifying Congress of these proposed arms sales on October 21, 2020. The published Congressional Notifications (transmittal numbers 20-69, 20-75, and 20-77) are for a total expected program cost of US$1.8113 billion.

  • Notification 70-69 – for an estimated program cost of US$1.008 billion – includes 135 AGM-84H Standoff Land Attack Missile Expanded Response (SLAM-ER) Missiles [a precision-guided, air-launched cruise missile], 4 ATM-84H SLAM-ER Telemetry Missiles, 12 CATM-84H Captive Air Training Missiles (CATM), 151 containers, spare and repair parts, along with related equipment, training, engineering, and other elements of technical and logistics support.
  • Notification 70-75 – for an estimated program cost of US$367.2 million – includes 6 MS-110 Recce Pods [advanced reconnaissance for F-16 fighter jets], 3 Transportable Ground Stations, 1 Fixed Ground station, spare and repair parts, system support and equipment, training, documentation, and other related elements of logistical and program support.
  • Notification 20-77 – for an estimated program cost of US$436.1 million – includes 11 High Mobility Artillery Rocket Systems (HIMARS) M142 Launchers [a truck-mounted light multiple rocket launcher], 64 Army Tactical Missile Systems (ATACMS) M57 Unitary Missiles. 7 M1152Al High Mobility Multipurpose Wheeled Vehicles (HMMWVs), 11 M240B Machine Guns (7.62MM), and 17 International Field Artillery Tactical Data Systems (IFATDS). Also included are 54 M28A2 Low Cost Reduced Range Practice Rocket Pods (LCRRPR), 11 M2Al machine guns (.50 caliber), radio systems and radio ground stations, 11 M1084A2 cargo Family of Medium Tactical Vehicles (FMTV) Resupply Vehicles (RSV), 2 M1089A2 cargo wrecker FMTV RSV, and 11 M1095 trailer cargo FMTV (5-ton). In addition, the notification includes support, training, testing, and communications equipment, along with related elements of logistical and program support.

The US-Taiwan Business Council supports these Congressional notifications. Council President Rupert Hammond-Chambers stated that “The quality of the three programs notified today clearly reflects the urgency of continued Taiwan force modernization to counteract China’s hegemonic behavior. Each program adds an important deterrent capability that should further complicate any consideration by the Chinese Communist Party (CCP) to threaten or to use force to coerce Taiwan into a political union.

Hammond-Chambers went on to say “The US-Taiwan Business Council believes that Taiwan arms sales notifications should be driven by the regular internal process, and should be free of political delays. Today’s announcements continue the return to regular order for consideration, process, and release of needed capabilities.

Source: See the DSCA website at https://www.dsca.mil/press-media/major-arms-sales

https://www.us-taiwan.org/resources/the-us-taiwan-business-council-comments-on-three-proposed-foreign-military-sales-to-taiwan/

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2020 – Military and Security Developments Involving the People’s Republic of China

The U.S. Department of Defense has released its annual report to Congress on the military power of China. This post contains selected Taiwan-related language in the 2020 report.

Selected Taiwan Language

Capabilities for Counter Intervention and Power Projection

The PLA is developing capabilities to provide options for the PRC to dissuade, deter, or, if ordered, defeat third-party intervention during a large-scale, theater campaign such as a Taiwan contingency. The PRC also continues to increase its military capabilities to achieve regional and global security objectives beyond a Taiwan contingency

China’s Coercive Approach

China’s leaders use tactics short of armed conflict to pursue China’s objectives. China calibrates its coercive activities to fall below the threshold of provoking armed conflict with the United States, its allies and partners, or others in the Indo-Pacific region. These tactics are particularly evident in China’s pursuit of its territorial and maritime claims in the South and East China Seas as well as along its border with India and Bhutan.1 In recent years, the PLA has also increased patrols around and near Taiwan using bomber, fighter, and surveillance aircraft to signal Taiwan. China also employs non-military tools coercively, including economic tools during periods of political tensions with countries that China accuses of harming its national interests

Eastern Theater Command

The Eastern Theater Command likely executes operational control over national defense matters related to Taiwan and Japan, including contingencies in and around the Taiwan Strait and the Senkaku Islands. In 2019, the Eastern Theater Command focused on a series of training and exercises to improve joint operations and combat readiness, organizing exercises and drills consisting of long-distance training and mobilization, aerial combat, and live-fire training. PLA units located within the Eastern Theater Command include three group armies, a naval fleet, two marine brigades, two Air Force bases, and one missile base. The Eastern Theater Command also likely commands all China Coast Guard (CCG) and maritime militia ships while conducting Senkakus-related operations.

In April 2019, the Eastern Theater Command JOCC commanded joint training east of Taiwan, which they asserted was to train for joint fire and maritime strike. The training included bombers, fighters, electronic jamming and intelligence, surveillance, and reconnaissance (ISR) aircraft circumnavigating Taiwan while naval combatants trained for mock strikes and helicopters delivered an amphibious landing force. In March, two J-11 fighters crossed the unofficial median line of the Taiwan Strait, for the first time since 1999. The Eastern Theater Command also likely played a significant role in a nationwide exercise across all five theater commands based on the locations of some of the exercise activity near Taiwan.

As of March 2019, the PLA Air Force (PLAAF) assigned its first fifth generation J-20s to an operational unit, a fighter brigade in the Eastern Theater Command, probably to improve its ability to respond to U.S. and allied aircraft in the area. In March 2019, a likely Eastern Theater Y-8Q anti-submarine warfare (ASW) aircraft was also first observed operating in the East China Sea by Japan.

Developments in the Security Situation in the Taiwan Strait

Relations between the PRC and Taiwan remained at an impasse through 2019. Since the 2016 election of Tsai Ing-wen as Taiwan’s president, China halted formal communication with Taiwan and has repeatedly stressed that Taiwan must accept the “1992 Consensus” to restart formal engagement. Since November 2016, China’s leaders have directly equated the “1992 Consensus” to “one China,” which was reaffirmed by President Xi in a January 2019 address to “compatriots” in Taiwan. Taiwan President Tsai Ing-wen has continually pledged to maintain the status quo in cross-Strait relations and called for China to respect Taiwan’s democracy and agree to negotiations without preconditions.

The PRC also maintained its diplomatic pressure on Taiwan, thwarting Taiwan’s efforts to participate in international organizations such as the World Health Organization, International Civil Aviation Organization, and INTERPOL. In 2019, the PRC convinced the Solomon Islands and Kiribati to break diplomatic relations with Taiwan. Despite the stalled consultations with the ruling Democratic Progressive Party (DPP), the Chinese Communist Party (CCP) continues to engage with Taiwan’s Kuomintang (KMT) party, and the PRC continues to hold lower-level cross-Strait exchanges such as the municipal Shanghai-Taipei Twin City Forum.

The PLA continues to prepare for contingencies in the Taiwan Strait to deter, and if necessary, compel Taiwan to abandon moves toward independence. The PLA also is likely preparing for a contingency to unify Taiwan with the mainland by force, while simultaneously deterring, delaying, or denying any third-party intervention on Taiwan’s behalf. As part of a comprehensive campaign to pressure Taiwan and the Tsai Administration, China has increased military exercises in the vicinity of Taiwan, including circumnavigation flights by the PLAAF and naval exercises in the East China Sea.

Taiwan’s national defense report released in 2017 cited concerns that increased PLA military activity near Taiwan poses an “enormous threat to security in the Taiwan Strait,” and that Taiwan requires a “multiple deterrence strategy,” including an emphasis on developing asymmetric warfare to counter PLA advances.

China’s Strategy and Capabilities Development in the Taiwan Strait

The PRC appears willing to defer the use of military force as long as it considers that unification with Taiwan could be negotiated over the long-term and the costs of conflict outweigh the benefits. China argues that the credible threat of force is essential to maintaining the conditions for political progress and preventing Taiwan from making moves toward independence. In January 2019, President Xi Jinping publicly reiterated China’s long-standing refusal to renounce the use of force to resolve the Taiwan issue. In the same speech, Xi also reaffirmed China’s longstanding position for peaceful unification under the principle of “one country, two systems.”

The circumstances under which the PRC has historically warned it would use force have evolved over time. These circumstances have included:
– Formal declaration of Taiwan independence
– Undefined moves toward Taiwan independence
– Internal unrest in Taiwan
– Taiwan’s acquisition of nuclear weapons
– Indefinite delays in the resumption of cross-Strait dialogue on unification
– Foreign intervention in Taiwan’s internal affairs
– Foreign forces stationed on Taiwan

Article 8 of China’s March 2005 Anti-Secession Law states China may use “non-peaceful means” if “secessionist forces cause the fact of Taiwan’s secession from China,” if “major incidents entailing Taiwan’s secession” occur, or if “possibilities for peaceful reunification” are exhausted. China’s use of such non-specific conditions increases their policy flexibility through deliberate strategic ambiguity.

China continues to view the Taiwan issue as the most important and sensitive issue between the United States and China.

China’s Courses of Action Against Taiwan

The PRC continues to signal its willingness to use military force against Taiwan. The PLA has a range of options to coerce Taipei based on its increasing capabilities in multiple domains. China could pursue a measured approach by signaling its readiness to use force or conduct punitive actions against Taiwan. The PLA could also conduct a more comprehensive campaign designed to force Taiwan to capitulate to unification, or unification dialogue under China’s terms. Notably, China would seek to deter potential U.S. intervention in any Taiwan contingency campaign – capabilities that the PRC highlighted during its October 2019 military parade celebrating its 70th anniversary. Failing that, China would attempt to delay and defeat intervention in an asymmetric, limited war of short duration. In the event of a protracted conflict, China might choose to escalate cyberspace, space, or nuclear activities in an attempt to end the conflict, or it might choose to fight to a stalemate and pursue a political settlement. The PLA could initiate the military options listed below individually or in combination.

Air and Maritime Blockade. PLA writings describe a Joint Blockade Campaign in which China would employ kinetic blockades of maritime and air traffic, including a cut-off of Taiwan’s vital imports, to force Taiwan’s capitulation. Large-scale missile strikes and possible seizures of Taiwan’s offshore islands would accompany a Joint Blockade in an attempt to achieve a rapid Taiwan surrender, while at the same time, posturing air and naval forces to conduct weeks or months of blockade operations if necessary. China will also likely complement its air and maritime blockade operations with concurrent electronic warfare (EW), network attacks, and information operations (IO) to further isolate Taiwan’s authorities and populace and to control the international narrative of the conflict.

Limited Force or Coercive Options. China could use a variety of disruptive, punitive, or lethal military actions in a limited campaign against Taiwan, probably in conjunction with overt and clandestine economic and political activities supported by a variety of IO to shape perceptions or undercut the effectiveness or legitimacy of the Taiwan authorities. Such a campaign could include computer network or limited kinetic attacks against Taiwan’s political, military, and economic infrastructure to induce fear in Taiwan and degrade the Taiwan population’s confidence in their leaders. Similarly, PLA special operations forces (SOF) could infiltrate Taiwan and conduct attacks against infrastructure or leadership targets.

Air and Missile Campaign. China could use missile attacks and precision air strikes against air defense systems, including air bases, radar sites, missiles, space assets, and communications facilities to degrade Taiwan’s defenses, neutralize Taiwan’s leadership, or break the Taiwan people’s resolve.

Invasion of Taiwan. Publicly available Chinese writings describe different operational concepts for an amphibious invasion of Taiwan. The most prominent of these, the Joint Island Landing Campaign, envisions a complex operation relying on coordinated, interlocking campaigns for logistics, air, and naval support, and EW. The objective would be to break through or circumvent shore defenses, establish and build a beachhead, transport personnel and materiel to designated landing sites in the north or south of Taiwan’s western coastline, and launch attacks to seize and occupy key targets or the entire island. In 2019, the PLA conducted joint amphibious assault exercises near Taiwan. Furthermore, China continues to build capabilities that would contribute to a full-scale invasion; in 2019, the PLA completed construction of its first helicopter dock amphibious assault ship (LHA).

Large-scale amphibious invasion is one of the most complicated and difficult military operations. Success depends upon air and maritime superiority, the rapid buildup and sustainment of supplies onshore, and uninterrupted support. An attempt to invade Taiwan would likely strain China’s armed forces and invite international intervention. These stresses, combined with China’s combat force attrition and the complexity of urban warfare and counterinsurgency, even assuming a successful landing and breakout, make an amphibious invasion of Taiwan a significant political and military risk.

The PLA is capable of accomplishing various amphibious operations short of a full-scale invasion of Taiwan as well. With few overt military preparations beyond routine training, China could launch an invasion of small Taiwan-occupied islands in the South China Sea such as Pratas or Itu Aba. A PLA invasion of a medium-sized, better-defended island such as Matsu or Jinmen is within China’s capabilities. Such an invasion would demonstrate military capability, political resolve, and achieve tangible territorial gain while simultaneously showing some measure of restraint. However, this kind of operation involves significant, and possibly prohibitive, political risk because it could galvanize pro-independence sentiment on Taiwan and generate international opposition.

Effect of PLA Reform on a Taiwan Contingency

One of the overarching goals of the structural reforms to reshape the PLA was to construct a military capable of conducting complex joint operations, including those that would be involved in a Taiwan contingency. PLA reforms seek to clarify command authorities, improving joint integration, and facilitating the transition from peace to war. The abolishment of military regions in favor of military theaters – in this case, the PLA’s Eastern Theater Command – has also likely streamlined and improved the PLA’s ability to conduct yearlong planning and preparation for joint military operations across the Taiwan Strait. PLA combat units are likely experiencing temporary decreases in readiness and proficiency to conduct large-scale joint operations as they reorganize units, integrate new capabilities, and adjust to new command structures.

A significant addition to the overall structure of the PLA is the establishment of the Strategic Support Force (SSF) and the Joint Logistic Support Force (JLSF). During a Taiwan contingency, the JLSF, in conjunction with subordinate joint logistics support centers, would coordinate joint logistics and the delivery of materiel as well as oversee various civil-military support systems to sustain the campaign. The creation of the SSF likely improves the PLA’s ability to execute and coordinate IO (particularly cyber, EW, and counterspace) in a Taiwan contingency. It may also improve the PLA’s ability to manage and provide space-based reconnaissance to the CMC and the Eastern Theater Command, improving PLA command staffs’ situational awareness of Taiwan’s military units and facilities. The PLA is likely still exploring how to reform its joint command processes to integrate IO and ISR capabilities more fully at the theater-level, but structural reforms have removed the biggest barriers to integrating these strategic capabilities at the theater-level.

Structural reforms within the military and paramilitary forces also have implications on resources and operational capabilities available to the PLA for a future Taiwan contingency.

Taiwan’s Defense Capabilities

Taiwan has historically enjoyed military advantages in the context of a cross-Strait conflict, such as technological superiority and the inherent geographic advantages of island defense, but China’s multi-decade military modernization effort has eroded or negated many of these advantages. Although Taiwan is taking important steps to compensate for the growing disparities – building its war reserve stocks, growing its defense-industrial base, improving joint operations and crisis response capabilities, and strengthening its officer and noncommissioned officer corps – these improvements only partially address Taiwan’s declining defensive advantages.

Taiwan’s military spending remains at approximately two percent of its gross domestic product. In August 2019, Taiwan said it would increase the island’s defense budget by 5.2 percent to NT $358 billion ($11.6 billion). Meanwhile, China’s official defense budget continues to grow, and for 2019, is roughly 15 times that of Taiwan, with much of it focused on developing the capability to unify Taiwan with the PRC by force. Recognizing the growing disparity between their respective defense expenditures, Taiwan has stated that it is working to develop new concepts and capabilities for asymmetric warfare. Some specific areas of emphasis include offensive and defensive information and EW, high-speed stealth vessels, shore-based mobile missiles, rapid mining and minesweeping, unmanned aerial systems, and critical infrastructure protection.

The United States maintains a “one-China” policy that is based on the Taiwan Relations Act (TRA) and the three Joint Communiqués. The United States opposes unilateral actions aimed at altering the status quo. The United States continues to support the peaceful resolution of cross-Strait issues in a manner, scope, and pace acceptable to both sides.

Consistent with the TRA, the United States contributes to peace, security, and stability in the Taiwan Strait by providing defense articles and services to enable Taiwan to maintain a sufficient self-defense capability. In May 2020, the White House publicly released a report to Congress entitled, United States Strategic Approach to the People’s Republic of China. The report states, “Beijing’s failure to honor its commitments under the communiques, as demonstrated by its massive military buildup, compels the United States to continue to assist the Taiwan military in maintaining a credible self-defense, which deters aggression and helps to ensure peace and stability in the region.

In a 1982 memorandum, President Ronald Reagan insisted ‘that the quantity and quality of the arms provided Taiwan be conditioned entirely on the threat posed by the PRC.’” In October 2019, Taiwan announced the purchase of F-16V fighter aircraft for $8 billion. Since 2010, the United States has announced more than $23 billion in arms sales to Taiwan.

Key Takeaways

  • The PLA is developing capabilities to provide options for the PRC to dissuade, deter, or, if ordered, defeat third-party intervention during a large-scale, theater campaign such as a Taiwan contingency. U.S. defense planners often refer to these collective capabilities as anti-access/area-denial (A2/AD) capabilities.
  • The PRC continues to increase its military capabilities to achieve regional and global security objectives beyond a Taiwan contingency.
  • The Eastern Theater Command is oriented toward Taiwan and the East China Sea.
  • Relations between the PRC and Taiwan remained tense through 2019.
  • The PLA continued Taiwan Strait contingency preparations
  • Although China advocates for peaceful unification with Taiwan, China has never renounced the use of military force; the circumstances under which China has historically warned it would use force remain ambiguous and have evolved over time.
  • China has a range of options for military campaigns against Taiwan, from an air and maritime blockade to a full-scale amphibious invasion to seize and occupy some or all of Taiwan or its offshore islands.
  • China’s multi-decade military modernization effort has eroded or negated many of the military advantages that Taiwan has historically enjoyed the context of a cross-Strait conflict.
  • To counter China’s improving capabilities, Taiwan is developing new concepts and capabilities for asymmetric warfare.

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USTBC Comments on the Proposed Sale of Repair & Recertification of Patriot Advanced Capability-3 (PAC-3) Missiles to Taiwan

The US-Taiwan Business Council today welcomed the announcement of a possible Foreign Military Sale of Repair and Recertification of Patriot Advanced Capability-3 (PAC-3) Missiles to Taiwan. The Defense Security Cooperation Agency (DSCA) delivered the required certification notifying Congress of the proposed arms sale on July 9, 2020.

The published Congressional Notification (transmittal number 20-24) is for a total value of approximately US$620 million. The notification includes recertification of (PAC-3) missiles, Repair and Return of classified and unclassified PAC-3 missile items and Ground Support Equipment, replenishment of missile spares and GSE spares along with a seeker spares pool, air transportation services for missile processing, and other related technical and logistics support. [1]

The US-Taiwan Business Council is encouraged by these Congressional notifications. Council President Rupert Hammond-Chambers said “The maintenance of Taiwan’s PAC-3 capability is a welcome development. Taiwan is undertaking an important commitment to sustaining the quality of its legacy equipment, in support of deterring the coercive military threat from China. It is an important signal from the governments of Presidents Tsai and Trump that they are committed to peace and security in the Taiwan Strait through strong defensive capabilities.

“Taiwan’s PAC-3 ground-to-air SAM system plays an essential role in protecting Taiwan from the People’s Liberation Army (PLA) missile forces that physically and politically threaten and intimidate the country. The U.S. is right to support all of Taiwan’s legitimate defense needs, whether new F-16 fighters or the upgrade of legacy equipment.”

Hammond-Chambers went on to say that “the PLA’s commitment to its own force modernization – and the threat that poses to peace and security in Asia – is a constant reminder that consistent arms sales to Taiwan is in the interests of the United States and of its Asia Pacific allies.”

[1] See the DSCA website at http://www.dsca.mil/major-arms-sales

https://www.us-taiwan.org/resources/ustbc-comments-on-repair-recertification-of-pac-3-missiles-to-taiwan

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The US-Taiwan Business Council Comments on the Proposed Sale of 18 MK-48 Mod6 Advanced Technology (AT) Heavy Weight Torpedoes (HWT) to Taiwan

The US-Taiwan Business Council today welcomed the announcement of a possible Foreign Military Sale of 18 MK-48 Mod6 Advanced Technology (AT) Heavy Weight Torpedoes (HWT) and related equipment to Taiwan. The Defense Security Cooperation Agency (DSCA) delivered the required certifications notifying Congress of the proposed arms sale on May 20, 2020.

The published Congressional Notification (transmittal number 20-07) is for a total value of approximately US$180 million. The notification includes 18 MK-48 Mod6 ATHWTs, as well as spare parts, support and test equipment, shipping and shipping containers, operator manuals, technical documentation, training, U.S. Government and contractor engineering, technical and logistics support services, and other related elements of logistics support.[1]

The US-Taiwan Business Council is encouraged by these Congressional notifications. Council President Rupert Hammond-Chambers said that “the return to regular arms sales has become a hallmark of the past several years. Taiwan’s commitment to growing its stock of munitions is important, and these MK-48 torpedoes will add to that stock. Taiwan’s balanced procurement priorities ensure that larger platforms – such as F-16s – are prioritized, while they are also tending to munitions stocks, life-cycle support, and services. It is the totality of all arms sales that helps Taiwan create a complete defense.

Hammond-Chambers went on to say “The timing of the sale is also significant. Today, Tsai Ing-wen was sworn in to her second term as President of Taiwan. The United States, through this sale, is telegraphing that its support for Taiwan’s democracy isn’t just rhetorical – with positive statements on her inauguration coming from Secretary of State Pompeo. U.S. support is also material, as we maintain our commitment to providing Taiwan with weapons to deter the threat posed by the People’s Republic of China to Taiwan’s democratic way of life.

[1] See the DSCA website at http://www.dsca.mil/major-arms-sales

https://www.us-taiwan.org/resources/ustbc-comments-on-sale-of-18-mk-48-mod6-advanced-technology-heavy-weight-torpedoes-to-taiwan/

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Taiwan in the National Defense Authorization Act (NDAA), 2020

Update, December 20, 2019

On this date, President Trump signed the National Defense Authorization Act for Fiscal Year 2020 into law (Public Law No: 116-92)

Update, December 19, 2019

On this date, Congress submitted the 2020 NDAA to the President for signature. The following Taiwan-related language was included in the final version of the bill:

Sec. 1260b. Report on Cybersecurity Activities with Taiwan

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the following:

(1) The feasibility of establishing a high-level, interagency United States-Taiwan working group for coordinating responses to emerging issues related to cybersecurity.
(2) A discussion of the Department of Defense’s current and future plans to engage with Taiwan in cybersecurity activities.
(3) A discussion of obstacles encountered in forming, executing, or implementing agreements with Taiwan for cybersecurity activities.
(4) Any other matters the Secretary of Defense determines should be included.

Sec. 1260c. Review and Report Related to the Taiwan Relations Act.

(a) REVIEW.—The Secretary of Defense, in coordination with the Secretary of State, shall conduct a review of—

(1) whether, and the means by which, as applicable, the Government of the People’s Republic of China or the Chinese Communist Party are affecting, including through military, economic, information, digital, diplomatic, or any other form of coercion—
(A) the security, or the social and economic system, of the people of Taiwan;
(B) the military balance of power between the People’s Republic of China and Taiwan; or
(C) the expectation that the future of Taiwan will continue to be determined by peaceful means; and
(2) the role of United States policy toward Taiwan with respect to the implementation of the 2017 National Security Strategy and the 2018 National Defense Strategy.

(b) REPORT.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate committees of Congress a report on the review under subsection (a).
(2) MATTERS TO BE INCLUDED. The report under paragraph (1) shall include the following:
(A) The assessments resulting from the review.
(B) Recommendations on legislative changes or Department of Defense or Department of State policy changes necessary to ensure that the United States continues to meets its obligations to Taiwan under the Taiwan Relations Act (22 U.S.C. 3301 et seq.) S. 1790—484
(C) Guidelines for—
(i) new defense requirements, including requirements relating to information and digital space;
(ii) exchanges between senior-level civilian and military officials of the United States and Taiwan; and
(iii) the regular transfer of defense articles, especially defense articles that are mobile, survivable, and cost effective, to most effectively deter attacks and support the asymmetric defense strategy of Taiwan.

(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this section, the term “appropriate committees of Congress” means— (1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

SEC. 1260D. Sense of Congress on Enhancement of the United States-Taiwan Defense Relationship.

It is the sense of Congress that—

(1) Taiwan is a vital partner of the United States and is critical to a free and open Indo-Pacific region;
(2) the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and the “Six Assurances” are both cornerstones of United States relations with Taiwan;
(3) the United States should continue to strengthen defense and security cooperation with Taiwan to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability;
(4) consistent with the Taiwan Relations Act (22 U.S.C. 3301 et seq.), the United States should strongly support the acquisition by Taiwan of defense articles and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis on anti-ship, coastal defense, anti-armor, air defense, defensive naval mining, and resilient command and control capabilities that support the asymmetric defense strategy of Taiwan;
(5) the President and Congress should determine the nature and quantity of such defense articles and services based solely upon their judgment of the needs of Taiwan, as required by the Taiwan Relations Act and in accordance with procedures established by law;
(6) the United States should continue efforts to improve the predictability of United States arms sales to Taiwan by ensuring timely review of and response to requests of Taiwan for defense articles and services;
(7) the Secretary of Defense should promote policies concerning exchanges that enhance the security of Taiwan, including—

(A) opportunities with Taiwan for practical training and military exercises that—
(i) enable Taiwan to maintain a sufficient self defense capability, as described in section 3(a) of the Taiwan Relations Act (22 U.S.C. 3302(a)); and
(ii) emphasize capabilities consistent with the asymmetric defense strategy of Taiwan; S. 1790—485
(B) exchanges between senior defense officials and general officers of the United States and Taiwan, consistent with the Taiwan Travel Act (Public Law 115–135), especially for the purpose of enhancing cooperation on defense planning and improving the interoperability of United States and Taiwan forces; and
(C) opportunities for exchanges between junior officers and senior enlisted personnel of the United States and Taiwan;

(8) the United States and Taiwan should expand cooperation in humanitarian assistance and disaster relief;
(9) the Secretary of Defense should consider options, including exercises and ship visits, as appropriate, to expand the scale and scope of humanitarian assistance and disaster response cooperation with Taiwan and other regional partners so as to improve disaster response planning and preparedness; and
(10) the Secretary of Defense should continue regular transits of United States Navy vessels through the Taiwan Strait, commend the armed forces of France for their April 6, 2019, legal transit of the Taiwan Strait, and encourage allies and partners to follow suit in conducting such transits, in order to demonstrate the commitment of the United States and its allies and partners to fly, sail, and operate anywhere international law allows.

SEC. 5513. Report on Efforts by People’s Republic Of China to Influence Election in Taiwan.

(a) REPORT.—

Consistent with section 3(c) of the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3302(c)), and consistent with the protection of intelligence sources and methods, not later than 45 days after the date of the election for the President and Vice President of Taiwan in 2020, the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on any—
(1) influence operations conducted by China to interfere in or undermine such election; and
(2) efforts by the United States to disrupt such operations.

(b) ELEMENTS.—

The report under subsection (a) shall include the following:
(1) A description of any significant efforts by the intelligence community to coordinate technical and material support for Taiwan to identify, disrupt, and combat influence operations specified in subsection (a)(1).
(2) A description of any efforts by the United States Government to build the capacity of Taiwan to disrupt external efforts that degrade a free and fair election process.
(3) An assessment of whether and to what extent China conducted influence operations specified in subsection (a)(1), and, if such operations occurred—
(A) a comprehensive list of specific governmental and nongovernmental entities of China that were involved in supporting such operations and a description of the role of each such entity; and
(B) an identification of any tactics, techniques, and procedures used in such operations.

(c) FORM.—The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

Update, December 17, 2019

On this date, the conference report, reconciling the House and Senate versions of the bill, was filed. The conference report was agreed to in the House on December 11, 2019 and in the Senate on December 17, 2019.

The conference report notes:

Report on cybersecurity activities with Taiwan (sec. 1260B)
The House amendment contained a provision (sec. 1250G) that would direct, not later than 180 days after the enactment of this Act, the Secretary of Defense to submit to the congressional defense committees a report on cybersecurity activities with Taiwan.

The Senate bill contained no similar provision.

The Senate recedes.

Review and report related to the Taiwan Relations Act (sec. 1260C)
The Senate bill contained a provision (sec. 6211) that would express the sense of the Congress concerning the Taiwan Relations Act (Public Law 96-8). The provision would also direct the Secretary of Defense, in coordination with the Secretary of State, to conduct a review of coercive behavior by the Government of the People’s Republic of China directed at Taiwan, as well as the role of United States policy toward Taiwan with respect to the implementation of the 2017 National Security Strategy and the 2018 National Defense Strategy. The provision would direct a report to be delivered to the appropriate committees of Congress on the results of the review.

The House amendment contained no similar provision.

The House recedes with an amendment that would make clarifying changes to the content of the required report.

Sense of Congress on enhancement of the United States-Taiwan defense relationship (sec. 1260D)
The Senate bill contained a provision (sec. 1257) that would express the sense of the Senate concerning the enhancement of the United States-Taiwan defense relationship.

The House amendment contained a similar provision (sec. 1248).

The House recedes with an amendment that would express the sense of the Congress that Taiwan is a vital partner of the United States, and that the United States should continue to strengthen defense and security cooperation in support of Taiwan maintaining a sufficient self-defense capability. In light of the fortieth anniversary of the Taiwan Relations Act (Public Law 96-8), the conferees encourage the Department of Defense to focus attention and resources on the future of the United States-Taiwan defense relationship, particularly in relation to implementation of the National Defense Strategy and strategic competition with China.

Implementation of the Asia Reassurance Initiative Act with regard to Taiwan arms sales
The Senate bill contained a provision (sec. 6212) that would, among other things, express the sense of the Congress that the United States should fully implement the provisions of the Asia Reassurance Initiative Act of 2018 (Public Law 115-409) with regard to regular defensive arms sales to Taiwan.

The House amendment contained no similar provision.

The Senate recedes.

The conferees note that the matter of arms sales to Taiwan is addressed elsewhere in this report.

Update, July 12, 2019

On this date, the U.S. House of Representatives passed its version of the National Defense Authorization Act for 2020 by Yea/Nay Vote of 220-197.  Several Taiwan-related initiatives were included. The bill now awaits reconciliation.

Update, June 27, 2019

On June 27, 2019, the U.S. Senate passed its version of the National Defense Authorization Act for 2020 by Yea/Nay Vote of 86-8.

The U.S. Senate adopted multiple provisions for enhancing the defense and security cooperation between the United States and Taiwan.

Update, June 11, 2019

The NDAA, as S.1790, was introduced in the U.S. Senate on June 11, 2019.

Update, May 2, 2019

The NDAA, as H.R.2500, was introduced in the House on May 2, 2019.

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