PASSPORTS: As most people know, passports carried by Chinese persons are clearly marked "People’s Republic of China." In consideration that the "One China Policy" of the United States recognizes the PRC as the sole legitimate government of China, it follows directly that the PRC should enjoy exclusive use of the word "China" in any and all official paperwork and documentation. Such a conclusion is reinforced by noting that the Taiwan Relations Act does not recognize the nomenclature of "Republic of China" after Jan. 1, 1979.
Surprisingly however, during all US presidential administrations from Jimmy Carter to Joe Biden, US officials have continued to recognize "Republic of China" passports (and all types of other ROC documentation), and accept them as having validity. Examination of these facts easily causes many people to believe that the US Executive Branch has chosen to follow a Two China Policy, and not a One China Policy. To date, the US Dept. of State has never offered any clarifications on these contradictory aspects of US foreign policy toward Taiwan. According to the authority granted in the Code of Federal Regulations [19 CFR part 177, subpart B], US Customs and Border Protection (CBP) issues country-of-origin advisory rulings and final determinations as to whether an article is or would be a product of a designated country or instrumentality. In these rulings, and according to the letter and spirit of the San Francisco Peace Treaty (SFPT), the One China Policy, and the Taiwan Relations Act, China and Taiwan are treated as separate entities. |
HUMAN RIGHTS: It can be argued that from 1979 to the present, US Dept. of State officials have never followed the spirit and the letter of the Taiwan Relations Act (TRA). For example, the TRA clearly does not authorize the use of the term "Republic of China" on any and all official documents and documentation (broadly construed) from Taiwan which come in contact with US officialdom in the course of the daily activities conducted in official US government agencies.
It is certainly true that the human rights of the local people in Taiwan are continually being violated by being forced to live under the Constitution and legal structure of a country which does not hold the territorial sovereignty of their homeland (Taiwan), and which is in reality a "foreign regime," and which issues passports and ID cards in the name of the non-existent country of the Republic of China. The fact that this issue is totally outside the line of sight of US Senators and Congresspersons is amazing. If the members of the so-called "Taiwan Caucus(es)" in both the House and the Senate would take the time to solicit opinions from the Taiwan people, certainly many Taiwanese would make the suggestion that US Senators and Congresspersons should urge the non-sovereign Republic of China quasi-government to hold a design competition for a new Taiwan passport and new Taiwan flag. Examples of possible new designs concepts for Taiwan passports, which more closely follow the spirit and the letter of the SFPT, the One China Policy, the Taiwan Relations Act, the Three Joint USA-PRC Communiques, and the Six Assurances, are offered below. |
DESIGN SELECTIONS