Background Information
April 3, 2014 -- The draft bill for closer monitoring of agreements between Taiwan and mainland China was passed today at the Cabinet meeting and will be sent to the Legislative Yuan for further deliberation.
The draft bill, enacted in response to calls for a legally binding supervisory mechanism over cross-strait agreements, integrates a four-stage communication and consultation mechanism with a national security screening system, and seeks to balance the public’s right to know with the government’s ability to conduct negotiations. Premier Jiang Yi-huah instructed the Mainland Affairs Council (MAC) and various relevant agencies to proactively communicate with ruling and opposition legislative caucuses to gain support.
After the monitoring mechanism is in place, government agencies must exercise more prudence when negotiating pacts with mainland China or other countries, the premier said. They should be mindful of the fact that any agreements they sign must still be sent to the Legislative Yuan for screening and approval.
According to the MAC, 21 pacts concerning citizens’ rights and interests have been concluded across the Taiwan Strait since the two sides resumed institutionalized talks in June 2008. Before and after each agreement was signed, the ROC government has always explained the agreement’s objective and contents to lawmakers and the general public. Rigorous assessment of national security was also conducted before each pact was inked.
With so much attention focused on monitoring cross-strait agreements and whether the pacts would affect national security, the MAC said a more open and transparent procedure is required to help lawmakers and citizens better understand and oversee each agreement’s negotiation process and contents.
As such, the government drafted a bill for such a mechanism with the following main points:
1. Cross-strait negotiations should be conducted according to the principles of equality, dignity, mutual benefit, and assurance of national security. (Article 4)
2. The agency in charge of negotiating the agreement should team up with the Mainland Affairs Council and other agencies concerned to communicate with and answer questions from the Legislative Yuan and general public. (Articles 6 and 7)
3. The bill lays out methods for handling the national security screen mechanism, the items screened and the screening results. (Articles 9 through 11)
4. Personnel involved in the drafting, negotiation or signing of cross-strait agreements must maintain confidentiality and recuse themselves in case of a conflict of interest. (Article 13)
5. The bill lays out procedures for forwarding agreements to the Legislative Yuan for review or recordation. (Articles 14 through 16)
6. The bill prescribes methods for handling agreements that do not pass legislative review or are not approved for recordation. (Article 17)
7. The agreement may enter into force after all legislative procedures have been completed and authorities in Taiwan and mainland China have exchanged documents. (Article 18)
8. The bill describes the relationship between domestic laws and the cross-strait agreements ratified by the legislature. (Article 20)
9. After an agreement has taken effect, the government should periodically review the progress of its implementation. (Article 23)
10. This law shall apply mutatis mutandis to any amendment, revision or termination of a cross-strait agreement. However, the agreement regulations should be reviewed to determine if the entire law or only part of the law should be applied mutatis mutandis to the amendment or revision. (Article 24)
Email: fplfbi@mofa.gov.tw
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