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Reaffirming the strong support of the United States Government for freedom of navigation and other internationally lawful uses of sea and airspace in the Asia-Pacific region, and for the peaceful diplomatic resolution of outstanding territorial and maritime claims and disputes.

S. Res. 412 · 113th Congress · Apr 7, 2014 · Lineage

RESOLUTION

1. Sense of the Senate

The Senate—
(1)
condemns coercive and threatening actions or the use of force to impede freedom of operations in international airspace by military or civilian aircraft, to alter the status quo or to destabilize the Asia-Pacific region;
(2)
urges the Government of the People’s Republic of China to refrain from implementing the declared East China Sea Air Defense Identification Zone (ADIZ), which is contrary to freedom of overflight in international airspace, and to refrain from taking similar provocative actions elsewhere in the Asia-Pacific region;
(3)
commends the Governments of Japan and of the Republic of Korea for their restraint, and commends the Government of the Republic of Korea for engaging in a deliberate process of consultations with the United States, Japan and China prior to announcing its adjustment of its Air Defense Identification Zone on December 9, 2013, and for its commitment to implement this adjusted Air Defense Identification Zone (ADIZ) in a manner consistent with international practice and respect for the freedom of overflight and other internationally lawful uses of international airspace; and
(4)
calls on the Government of the People's Republic of China to withdraw its Hai Yang Shi You 981 (HD–981) drilling rig and associated maritime forces from their current positions, to refrain from maritime maneuvers contrary to COLREGS, and to return immediately to the status quo as it existed before May 1, 2014.

2. Statement of Policy

It is the policy of the United States to—
(1)
reaffirm its unwavering commitment and support for allies and partners in the Asia-Pacific region, including longstanding United States policy regarding Article V of the United States-Philippines Mutual Defense Treaty and that Article V of the United States-Japan Mutual Defense Treaty applies to the Japanese-administered Senkaku Islands;
(2)
oppose claims that impinge on the rights, freedoms, and lawful use of the sea that belong to all nations;
(3)
urge all parties to refrain from engaging in destabilizing activities, including illegal occupation or efforts to unlawfully assert administration over disputed claims;
(4)
ensure that disputes are managed without intimidation, coercion, or force;
(5)
call on all claimants to clarify or adjust claims in accordance with international law;
(6)
support efforts by ASEAN and the People's Republic of China to develop an effective Code of Conduct, including the “early harvest” of agreed-upon elements in the Code of Conduct that can be implemented immediately;
(7)
reaffirm that an existing body of international rules and guidelines, including the International Regulations for Preventing Collisions at Sea, done at London October 12, 1972 (COLREGs), is sufficient to ensure the safety of navigation between the United States Armed Forces and the forces of other countries, including the People’s Republic of China;
(8)
support the development of regional institutions and bodies, including the ASEAN Regional Forum, the ASEAN Defense Minister’s Meeting Plus, the East Asia Summit, and the expanded ASEAN Maritime Forum, to build practical cooperation in the region and reinforce the role of international law;
(9)
encourage the adoption of mechanisms such as hotlines or emergency procedures for preventing incidents in sensitive areas, managing them if they occur, and preventing disputes from escalating;
(10)
fully support the rights of claimants to exercise rights they may have to avail themselves of peaceful dispute settlement mechanisms;
(11)
encourage claimants not to undertake new unilateral attempts to change the status quo since the signing of the 2002 Declaration of Conduct, including not asserting administrative measures or controls in disputed areas in the South China Sea;
(12)
encourage the deepening of partnerships with other countries in the region for maritime domain awareness and capacity building, as well as efforts by the United States Government to explore the development of appropriate multilateral mechanisms for a “common operating picture” in the South China Sea that would serve to help countries avoid destabilizing behavior and deter risky and dangerous activities; and
(13)
assure the continuity of operations by the United States in the Asia-Pacific region, including, when appropriate, in cooperation with partners and allies, to reaffirm the principle of freedom of operations in international waters and airspace in accordance with established principles and practices of international law.

3. Rule of construction

Nothing in this resolution shall be construed as a declaration of war or authorization to use force.