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 with 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, in concluding the authority under section 7(a) of the Act to specify which laws of the United State 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 determination 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 defied 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. 601-613);
(f) The Contract Disputes Act of 1978; as amended (41 U.S.C. 601-613);
(g) Chapter 137 of title 10, United States Code (10 U.S.C. 2301-2316);
(h) The Act of May 11, 1954 (the "Anti-Wunderlich Act") (41 U.S.C. 321, 322); and
(i) Section (f) of 41 U.S.C. 423.
2-202. (a) With respect to cost-type contracts with the Institute under which no fee is charged or paid, amendments and modifications of such contracts may be made with or without consideration and may be utilized to accomplish the same things 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.
William J. Clinton The White House,
August 15, 1996.
[Filed with the Office of the Federal Register, 11:24 a.m., August 16, 1996]