not on the China list. Agriculture Secretary Hardin cautioned that U.S. officials "do not anticipate significant trade developments" with regard to farm products "in the immediate future." White House Press Secretary Ron Ziegler said the President "will later consider the possibility of further steps" to broaden ties with Communist China.

CONGRESSIONAL ACTION AFFECTING U.S. RELATIONS WITH COMMUNIST CHINA, 1949-1971

(by Larry A. Niksch, Analyst in Asian Affairs, Foreign Affairs Division, Library of Congress Legislative Reference Service, May 12, 1971)

I. SUMMARY OF LEGISLATION

Congressional legislation relating to Communist China since 1949 falls into three basic categories: (1) resolutions and legislation expressing Congressional opposition to Peking's admission to the United Nations; (2) prohibitions and restrictions on U.S. trade with Communist China; and (3) prohibitions and restrictions on U.S. aid to Communist China.

A. THE UNITED NATIONS QUESTION

Since January 1951, both Houses of Congress have often gone on record opposing the admission of Communist China into the United Nations. Various reasons for such opposition have been cited in Congressional reports accompanying these resolutions. House Report 768 (83rd Congress, 1st Session), accompanying House Concurrent Resolution 129, referred to the United Nations General Assembly resolutions of December 14, 1950, which recommended that in cases where "more than one authority claims to be the government entitled to represent a member state ... the question should be considered in the light of the purposes and principles of the charter and the circumstances of each ecase." The report concluded that:

Measured against the criteria laid down in the charter, the Chinese Communists do not meet the standards prescribed for membership in the United Nations.

In this respect, it cited Peking's "consistent disregard for fundamental human rights" and "agression in Korea." To give the Chinese Communists a permanent seat in the Security Council, the report asserted, "would enhance their prestige, give courage to their sympathizers, and weaken those who are resisting Communist agression from without and Communist subjugation from within. It would imply an acceptance of their permanent conquest of China and give them an air of respectability." The report finally warned that if the United Nations admitted Communist China, "the Congress, representing the overwhelming sentiment of the American people on this matter, would properly insist upon a reexamination of our participation in the United Nations or any of the specialized agencies."

Subsequent reports stated similar reasons for the position taken by Congress and also criticized Peking's repression in Tibet, threats against its neighbors, and export of narcotics.

In 1961, the House and Senate passed a concurrent resolution (Sen. Con. Res. 34) which expressed opposition to Communist China's admission to the United Nations and also voiced support for the United States policy of nonrecognition of the Chinese Communist regime.

Since 1961, over 15 resolutions and sections of bills have restated Congressional sentiment on the United Nations issue.

B. RESTRICTIONS ON TRADE

Congress has since 1949 passed a number of laws either directly restricting U.S. trade with Communist countries or generally authorizing the Executive branch to restrict trade. While some restrictions have been subsequently relaxed with regard to certain Eastern European Communist states, for more than 20 years a total embargo on trade with the Chinese mainland has remained in effect. However, President Nixon has recently moved to lift the embargo and permit limited trade with Communist China.

The embargo on all financial and commercial transactions with Communist China has its statutory authority in section 5(b) of the Trading with the Enemy

Act of 1917. This provision gives the President the power "during the time of war or other period of national emergency declared by the President" to prohibit all commercial and financial transactions with countries designated by him. President Truman so designated Communist China on December 17, 1950. In 1949, Congress passed the Export Control Act and superseded it in 1969 with the Export Administration Act. Under these laws, the Executive has established a licensing system for controlling the exportation of short-supply or strategic commodities. In general, every American export, except to Canada, requires some type of export license. A large portion of exports can take place under a variety of so-called "general" licenses, that is, broad authorizations permitting the exportation of some commodities under specified conditions without the exporter's having to obtain a specific permission to do so. On the other hand, those commodities the exportation of which needs to be controlled for any reason, may be exported only after a so-called "validated" license has been issued to the exporter. A validated license is a formal document authorizing the export of controlled commodities within the specific limitations of the document.

The requirement to obtain a validated license varies not only with the commodity to be exported but also with its destination. In December 1950 all general licenses were revoked with regard to Communist China, and all exports to that country became subject to the validated license procedure. President Nixon's announcement of April 14, 1971, that trade restrictions with Communist China will be eased indicates that the export of some nonstrategic goods will be allowed under a general license while the export of most commodities will still require a validated license.

The Mutual Defense Assistance Control Act of 1951 (Battle Act) strengthens the President's control over trade with Communist China by authorizing him to impose an embargo on trade with nations "threatening the security of the United States." It also provides for the termination, upon Presidential determination, of all U.S. military, economic, or financial aid to any nation which exports commodities to Communist China.

The Trade Agreements Extension Act of 1951 and the Trade Expansion Act of 1962 represent another attempt to limit U.S. trade with Communist countries, including China. Under the latter law, which has superseded the 1951 act and which is operative today, the President is directed to deny most-favored-nation treatment to products imported into the United States directly or indirectly from any country "dominated or controlled by Communism." The only exception applies to Communist countries receiving most-favored-nation treatment at the time of the law's passage.

C. RESTRICTIONS ON AID

Congressional legislation dealing with U.S. foreign assistance relates to Communist China in two ways. It directly prohibits aid to Mainland China and suspends assistance to any country aiding or trading with Cuba or North Vietnam.1 Congress has aimed the latter stipulation at non-Communist countries that trade with Cuba and North Vietnam, but these provisions would also apply to Peking. The Mutual Security Act of 1951 limited U.S. military, economic, and technical assistance to "friendly countries" only. In practical application, this denied any assistance to Communist China. An amendment to the act in 1953 permitted sales of surplus agricultural commodities only to "friendly countries." The Mutual Security Act of 1954 denied military assistance to Communist governments in Asia and permitted economic aid only in certain geographical areas, none of which were controlled by Communist governments.

Under the Agricultural Trade Development and Assistance Act of 1954, ("P.L. 480"), as amended, which is still operative, sales of farm products for long-term credit or for foreign currencies are prohibited with respect to "any country or area dominated or controlled by a foreign government or organization controlling a world Communist movement." Communist China is currently ineligible under this provision and under another clause prohibiting sales for foreign currency to "any country or area dominated by a Communist government." Subsequent amendments prohibit sales for foreign currency to countries trading with Cuba and all sales to countries trading with North Vietnam. While this provision is

1 Much of this legislation prohibits aid to "Communist countries." While some of the restrictions have been removed with respect to certain Eastern European Communist countries, they remain in effect concerning Communist China.

2 Public Law 480 sales to any country trading with North Vietnam are currently also prohibited under an amendment to the Foreign Assistance Act of 1961.

directed mainly as neutralist countries such as India, it also applies to Communist China.

The Foreign Assistance Act of 1961 currently prohibits economic and military assistance to "any Communist country" and specifically refers to the "People's Republic of China" in this connection. The President, however, is authorized to extend aid if he determines that: (1) such action is "vital" to U.S. security; (2) "the recipient country is not controlled by the international Communist conspiracy;" and (3) "such assistance will further promote the independence of the recipient country from international communism." An amendment currently prohibits aid to any country that provides aid to or trades with North Vietnam.

Congressional acts also prohibit transactions of the Export-Import Bank with respect to Communist China. The Export-Import Bank Act of 1945, as amended, states that the Bank shall not guarantee, insure, or extend credit in connection with the purchase of any product by a "Communist country" or for use in a Communist country. The President may waive this restriction if he determines such action to be in the "national interest." The Act also prohibits the Bank from guaranteeing, insuring, or extending credit for the purchase of any product by a country "which engages in armed conflict, declared or otherwise" with the United States (North Vietnam for example) or by a country "which furnishes by direct governmental action" goods, military assistance, or advisers to a country engaged in armed conflict with the United States. The Act provides for no Presidential waiver in this case.

II. MAJOR LEGISLATION AFFECTING U.S. RELATIONS WITH COMMUNIST CHINA, 1949-1971

A. RESOLUTIONS AND LEGISLATION RELATING TO COMMUNIST CHINA'S ADMISSION INTO THE UNITED NATIONS

1. January 19, 1951: House Resolution 77, 82d Congress, 1st session. Passed House of Representatives by voice vote.

Resolved. That it is the sense of the House of Representatives that the United Nations should immediately act and declare the Chinese Communist authorities an aggressor in Korea.

2. January 23, 1951: Senate Resolution 36, 82d Congress, 1st session. Passed Senate, 91 yeas, 0 nays.

Resolved, that it is the sense of the Senate that the Communist Chinese Government should not be admitted to membership in the United Nations as the representative of China.

3. May 15, 1951: House Resolution 96, 82d Congress, 1st session. Passed House of Representatives under unanimous consent proceedings.

Resolved. That it is the sense of the House of Representatives that the Chinese Communist authorities shall not be permitted to represent China in the United Nations.

4. July 10, 1953: House Concurrent Resolution 129, 83d Congress, 1st session. Resolved. That it is the sense of the Congress that the Chinese Communists are not entitled to and should not be recognized to represent China in the United Nations.

(This concurrent resolution was unanimously reported by the Committee on Foreign Affairs. Before the House had an opportunity to vote on it, similar language was adopted in the Department of State Appropriation Act, 1954. See item 5.)

5. August 5, 1953 [date the Public Law is approved by the President]: Section 111 of the Departments of State, Justice, and Commerce Appropriation Act, 1954 (Public Law 195, 83d Congress, 1st session).

It is the sense of the Congress that the Communist Chinese Government should not be admitted to membership in the United Nations as the representative of China.

6. July 2, 1954: Section 110 of the Departments of State. Justice, and Commerce and the U.S. Information Agency Appropriation Act, 1955 (Public Law 471, 83d Congress, 2d session). Same as item 5.

7. July 15, 1954: House Resolution 627, 83d Congress, 2d session. Passed House of Representatives by vote of 381 yeas, 0 nays.

Resolved. That the House of Representatives reiterates its opposition to the seating of the Communist regime in China as the representative of China in the

United Nations or any of its specialized agencies and supports the President in his expressed determination to use all means to prevent such representation.

8. August 26, 1954: Extract from Section 103 of the Mutual Security Act of 1954 (Public Law 665, 83d Congress, 2d session).

The Congress hereby reiterates its opposition to the seating in the United Nations of the Communist China regime as the representative of China. In the event of the seating of representatives of the Chinese Communist regime in the Security Council or General Assembly of the United Nations, the President is requested to inform the Congress, insofar as is compatible with the requirements of national security, of the implications of this action upon the foreign policy of the United States and our foreign relationships, including that created by membership in the United Nations, together with any recommendations which he may have with respect to the matter.

9. July 7, 1955: Section 110 of the Departments of State and Justice, the Judiciary, and Related Agencies Appropriation Act, 1956 (Public Law 133, 84th Congress, 1st session). Same as item 5.

10. July 8, 1955: Section 12 of the Mutual Security Act of 1955 (Public Law 138, 84th Congress, 1st session).

It is hereby declared to be the continuing sense of the Congress that the Communist regime in China has not demonstrated its willingness to fulfill the obligations contained in the charter of the United Nations and should not be recognized to represent China in the United Nations.

11. June 20, 1956: Section 110 of the Departments of State and Justice, the Judiciary, and Related Agencies Appropriation Act, 1957 (Public Law 603, 84th Congress, 2d session). Same as item 5.

12. July 31, 1956: Section 108 of the Mutual Security Appropriation Act, 1957 (Public Law 853, 84th Congress, 2d session).

The Congress hereby reiterates its opposition to the seating in the United Nations of the Communist China regime as the representative of China, and it is hereby declared to be the continuing sense of the Congress that the Communist regime in China has not demonstrated its willingness to fulfill the obligations contained in the Charter of the United Nations and should not be recognized to represent China in the United Nations. In the event of the seating of representatives of the Chinese Communist regime in the Security Council or General Assembly of the United Nations, the President is requested to inform the Congress insofar as is compatible with the requirements of national security, of the implications of this action upon the foreign policy of the United States and our foreign relationships, including that created by membership in the United Nations, together with any recommendations which he may have with respect to the matter. 13. July 23, 1956: House Concurrent Resolution 265, 84th Congress, 2d session. Passed House of Representatives by vote of 391 yeas, 0 nays. Passed Senate, 86 yeas, 0 nays.

Resolved by the House of Representatives (the Senate concurring). That it is the sense of the Congress that its previous expressions should be and are hereby reemphasized that the Communist regime in China should not be admitted to membership in the United Nations or any of its specialized agencies as the representatives of China; and

That the Congress hereby expresses its conviction that such admission would gravely injure the United Nations and impair its effective functioning in accordance with the aims, principles, and provisions of the United Nations Charter. 14. June 11, 1957: Section 105 of the Departments of State and Justice, the Judiary, and Related Agencies Appropriation Act, 1958 (Public Law 49, 85th Congress, 1st session). Same as item 5.

15. September 3, 1957: Section 109 of the Mutual Security Appropriation Act, 1958 (Public Law 279, 85th Congress, 1st session). Same as item 12.

16. June 30, 1958: Section 105 of the Departments of State and Justice, the Judiciary and Related Agencies Appropriations Act, 1959 (Public Law 474, 85th Congress, 2d session). Same as item 5.

17. August 28, 1958: Section 105 of the Mutual Security Appropriation Act, 1959 (Public Law 853, 85th Congress, 2d session). Same as item 12.

18. July 13, 1959: Section 105 of the Departments of State and Justice, the Judiciary, and Related Agencies Appropriations Act, 1960 (Public Law 84, 86th Congress, 1st session). Same as item 5.

19. August 17, 1959: House Concurrent Resolution 369, 86th Congress, 1st session. Passed House by vote of 368 yeas, 2 nays.

Resolved by the House of Representatives (the Senate concurring). That it is the sense of the Congress that its opposition to the seating in the United Nations of the Communist China regime as the representative of China should be and is hereby reiterated; and be it further.

Resolved. That it is hereby declared to be the continuing sense of the Congress that the Communist regime in China has not demonstrated its willingness to fulfill the obligations contained in the charter of the United Nations and should not be recognized to represent China in the United Nations.

(House Concurrent Resolution 369 was introduced after the relevant section of the Mutual Security Appropriation Bill for 1960 (see item 12) was stricken as being legislation in an appropriation bill. The House passage of House Concurrent Resolution 369 reaffirmed the opposition of the Congress to the seating of Communist China in the United Nations. Later, section 112 of the Mutual Security Appropriation Bill for 1960 was rewritten into the bill (see item 20).

20. September 28, 1959: Section 112 of the Mutual Security Appropriation Act, 1960 (Public Law 383, 86th Congress, 1st session). Same as item 12.

21. August 31, 1960: Section 105 of the Departments of State, Justice, the Judiciary, and Related Agencies Appropriation Act, 1961 (Public Law 678, 86th Congress, 2d session). Same as item 5.

22. September 2, 1960: Section 107 of the Mutual Security and Related Agencies Appropriation Act, 1961 (Public Law 704, 86th Congress, 2d session). Same as item 12.

23. August 31, 1961: Senate Concurrent Resolution 34, 87th Congress, 1st session. Passed House of Representatives by vote of 395 yeas, 0 nays. Passed Senate, 76 yeas, 0 nays.

Whereas the Government of the United States enjoys close and friendly relations with the Government of the Republic of China, including treaty obligations which this Government honors; and

Whereas the Republic of China has faithfully discharged its obligations under the Charter of the United Nations; and

Whereas the Chinese Communist government has flagrantly violated basic human rights, has imposed on the Chinese people one of the most brutal regimes known to history, and is without authority to speak for the Chinese people other than the authority that derives from usurpation and tyranny; and

Whereas the Chinese Communist regime by its aggression in Korea, its repression in Tibet, its threats against its neighbors, its failure to release American prisoners as promised, its export of narcotics to non-Communist countries, in collaboration with criminal elements in these countries, on a scale that makes it the major source of the international illicit narcotics traffic, and its hostility toward the United States and the United Nations has demonstrated that it is not qualified for representation in the United Nations: Therefore be it

Resolved by the Senate (the House of Representatives concurring). That it is the sense of the Congress that the United States shall continue to meet its commitments to the people and Government of the Republic of China and shall continue to support that Government as the representative of China in the United Nations and be it further

Resolved, That the United States shall continue to oppose the seating of the Chinese Communist regime in the United Nations so long as that regime persists in defying the principles of the United Nations Charter; and be it further Resolved, That it is the sense of the Congress that the American people support the President in not according diplomatic recognition to the Chinese Communist regime.

24. September 21, 1961: Section 105 of the Departments of State and Justice, the Judiciary, and Related Agencies Appropriation Act, 1962 (Public Law 264, 87th Congress, 1st session). Same as item 5.

25. September 30, 1961: Section 107 of the Foreign Assistance and Related Agencies Appropriation Act, 1962 (Public Law 329, 87th Congress, 1st session). Same as item 12.

26. October 18, 1962: Section 105 of the Department of State, Justice, and Commerce. the Judiciary, and Related Agencies Appropriation Act, 1963 (Public Law 843, 87th Congress, 2d session). Same as item 5.

27. October 23, 1962: Section 105 of the Foreign Aid and Related Agencies Appropriation Act, 1963 (Public Law 872, 87th Congress, 2d session). Same as item 12.

28. December 30, 1963: Section 105 of the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1964 (Public Law 245, 88th Congress, 1st session). Same as item 5.