I suggest that you add “exemption from military service in the armed forces of the other party” to your list.
As Tigerman and Hartzell have pointed out, there is currently a treaty provision about this . . . . see TAIWAN FRIENDSHIP, COMMERCE, AND NAVIGATION TREATY, Article 14, clause 1, 170.110.214.18/tcc/data/commerce … dship.html
ARTICLE XIV
The nationals of each High Contracting Party shall be exempt from compulsory military or naval training or service under the jurisdiction of the other High Contracting Party, and shall also be exempt from all contributions in money or in kind imposed in lieu thereof.
And while you are at it . . . . could you please ask your American lawyer friend, and AIT, and the US State Department why Taiwan does not respect this treaty clause at the present time??
Neither Taiwan’s Ministry of National Defense, the Ministry of the Interior, Ministry of Foreign Affairs, etc. takes any notice of this treaty specification, and Taiwan nationals who hold a USA passport (i.e. Taiwan - USA dual nationals) face the full range of restrictions on entry, exit, passport renewal, etc., etc. as do single nationality Taiwan males.
[quote=“Quest”]1. The nationals of each High Contracting Party shall be exempt from compulsory military or naval training or service under the jurisdiction of the other High Contracting Party, and shall also be exempt from all contributions in money or in kind imposed in lieu thereof.
And while you are at it . . . . could you please ask your American lawyer friend, and AIT, and the US State Department why Taiwan does not respect this treaty clause at the present time??
Neither Taiwan’s Ministry of National Defense, the Ministry of the Interior, Ministry of Foreign Affairs, takes any notice of this treaty specification, and Taiwan nationals who hold a USA passport (i.e. Taiwan - USA dual nationals) face the full range of restrictions on entry, exit, passport renewal, etc., etc. as do single nationality Taiwan males.[/quote]
Generally, dual nationals (as opposed to mono-nationals ) are subject to all of the laws of the nation in which they hold citizenship when they are physically in that nation. Thus, a person who holds both Taiwan and US citizenship will be required to obey all Taiwan laws and fullfill all Taiwan legal obligations while he is physically present in Taiwan. The fact of his other citizenship is of no consequence.
A person cannot by virtue of holding two passports claim to be exempt from the laws of both nations because he has citizenship in two nations.
While I am not trying to start an argument, and from reading tigerman’s many posts I realize he has a lot of legal savvy, I think that the “general rule” clearly does not apply in this case, for several reasons.
First, is something called the principle of effectiveness (I sort of translated that from the Chinese conception . . . . but anyway . . . . ) which holds that the clause has to have some meaning. What US single-nationality nationals are currently required to serve in Taiwan’s armed forces? Please illuminate this consideration for me. In other words, on the Taiwan side, if you eliminate “dual nationals” for consideration in regard to the meaning of this clause, who is left? If there is no one left, then the clause doesn’t have any meaning. This indicates that you have violated the principle of effectiveness. (I hope you can understand my logic . . . . . I know this issue is important to many people, and I am not trying to joke around here . . . . )
Secondly, you have to consider the entire issue of international reciprocity, which is mentioned in the ROC Constitution, Article 141. After the September 11, 2001, attacks, President Bush and the Congress could have initiated mandatory military conscription, and could have launched a bigger Middle East War than they did. As we know, they did not do that. At the present time the USA does not have mandatory military conscription, and that applies to US citizens and those of other nationalities residing in the USA. Hence, since the Taiwanese are being treated this way in the USA, of course US citizens in Taiwan should be treated the same way.
It doesn’t matter that Taiwan does have mandatory military conscription, and it doesn’t matter that various people who hope to enjoy the benefit of this clause are dual nationals. When tigerman says "Thus, a person who holds both Taiwan and US citizenship will be required to obey all Taiwan laws and fullfill all Taiwan legal obligations while he is physically present in Taiwan . . . . " I certainly don’t have any argument with that. However, when he continues to say "The fact of his other citizenship is of no consequence . . . . . " I cannot agree, in consideration of the focus of this discussion, i.e. “mandatory military conscription”, because that is the exact point of the treaty exemption.
Article XIV, clause 1, of the treaty says that US nationals are exempt , so the key point becomes “Is a particular person a US national?”
If the person is a US national in Taiwan, then he is exempt from compulsory military or naval training or service under the terms of the treaty, and the fact of his other citizenship (i.e. Taiwanese citizenship) certainly does not cancel out that exemption.
As stated by Quest above, this matter should be thoroughly researched by Boomer with his legal contacts . . . . . so that hopefully it can be straightened out once and for all.
I think this clause of the Treaty only applies to those who are not dual nationals.
Only if he is not also an ROC national, IMO.
Here is what the US State Department says about the issue (in general):
[quote=“US State Department”]A U.S. citizen who is a resident or citizen of a foreign country may be subject to compulsory military service in that country. Although the United States opposes service by U.S. citizens in foreign armed forces, there is little that we can do to prevent it since each sovereign country has the right to make its own laws on military service and apply them as it sees fit to its citizens and residents.
Nonetheless, the above clause does not prohibit ROC from compelling ROC nationals from serving in the ROC armed forces. Moreover, the Treaty does distinguish between single nationals and dual nationals:
[quote=“ARTICLE XIV Para. 2”]
During any period of time when both of the High Contracting Parties are, through military or naval action in connection with which there is general compulsory military or naval service, (a) enforcing measures against the same third country or countries in pursuance of obligations for the maintenance of international peace and security, or (b) concurrently conducting hostilities against the same third country or countries, provisions of paragraph I of this Article shall not apply. [color=red]However, in such an event the nationals of either High Contracting Party in the territory of the other High Contracting Party, who have not declared their intention to acquire the nationality of such other High Contracting Party, shall be exempt from military or naval service under the jurisdiction of such other High Contracting Party[/color] if within a reasonable time prior to their induction for such service they elect, in lieu of such service, to enter the military or naval service of the High Contracting Party of which they are nationals.[/quote]
Finally (and this settles the issue, IMO), the Treaty clearly stipulates that the only time the ROC can compel single national US citizens to serve in the ROC armed forces is when the US and ROC are a) enforcing measures against the same third country or countries in pursuance of obligations for the maintenance of international peace and security, or b) concurrently conducting hostilities against the same third country or countries AND there must be a general compulsory conscription taking place in connection with such measures or hostilities in both the US and ROC at the time. Otherwise, single national US citizens cannot be compelled to serve in the ROC armed forces.
Since nobody bothered to answer this question, I have to ask again. What precedent in U.S. foreign relations is there for this sort of “reciprocation of status” treaty? If we haven’t made such agreements with countries that have legal systems and cultures more similar to our own, then how could we make such an agreement with Taiwan?
[quote]Currently, the United Kingdom, Australia, Sweden, the Netherlands, and Argentina grant work authorizations to U.S. spouses.
President Bush signed into law on January 16, 2002, two measures allowing American companies to attract the best candidates for their international assignments by reciprocating for foreign spouses of those countries in the United States. The United States already has similar agreements with many countries for the spouses of diplomats.
PL 107-125 allows for “work authorization for nonimmigrant spouses of intracompany transferees, and reduce the period of time during which certain intracompany transferees have to be continuously employed before applying for admission to the United States.”
PL 107-124 provides work authorization for spouses of treaty traders and investors on E-1 and E-2 visas.
[quote]Quote:
Currently, the United Kingdom, Australia, Sweden, the Netherlands, and Argentina grant work authorizations to U.S. spouses.
President Bush signed into law on January 16, 2002, two measures allowing American companies to attract the best candidates for their international assignments by reciprocating for foreign spouses of those countries in the United States. The United States already has similar agreements with many countries for the spouses of diplomats.
PL 107-125 allows for “work authorization for nonimmigrant spouses of intracompany transferees, and reduce the period of time during which certain intracompany transferees have to be continuously employed before applying for admission to the United States.”
PL 107-124 provides work authorization for spouses of treaty traders and investors on E-1 and E-2 visas.
Thanks Tigerman ,
I have been trying to download that information but can’t get my Adobe Acrobat reader to work.
Would you be so kind as to direct me to a web page that I can get the entire law from?
Eric
But this one comes with the added bonus of being a “pariah”.
How many job offers do you see with those kinds of benefits?
Nice Emoticans but they don’t work.
) are subject to all of the laws of the nation in which they hold citizenship when they are physically in that nation. Thus, a person who holds both Taiwan and US citizenship will be required to obey all Taiwan laws and fullfill all Taiwan legal obligations while he is physically present in Taiwan. The fact of his other citizenship is of no consequence.