U.S. Code » Title 22 » Chapter CHAPTER 48— TAIWAN RELATIONS

22 U.S.C. § 3305

The American Institute in Taiwan

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(a) Conduct of programs, transactions, or other relations with respect to TaiwanPrograms, transactions, and other relations conducted or carried out by the President or any agency of the United States Government with respect to Taiwan shall, in the manner and to the extent directed by the President, be conducted and carried out by or through—(1) The American Institute in Taiwan, a nonprofit corporation incorporated under the laws of the District of Columbia, or(2) such comparable successor nongovernmental entity as the President may designate,

(hereafter in this chapter referred to as the “Institute”).

(b) Agreements or transactions relative to Taiwan entered into, performed, and enforced

Whenever the President or any agency of the United States Government is authorized or required by or pursuant to the laws of the United States to enter into, perform, enforce, or have in force an agreement or transaction relative to Taiwan, such agreement or transaction shall be entered into, performed, and enforced, in the manner and to the extent directed by the President, by or through the Institute.

(c) Preemption of laws, rules, regulations, or ordi­nances of District of Columbia, States, or political subdivisions of States

To the extent that any law, rule, regulation, or ordinance of the District of Columbia, or of any State or political subdivision thereof in which the Institute is incorporated or doing business, impedes or otherwise interferes with the performance of the functions of the Institute pursuant to this chapter, such law, rule, regulation, or ordinance shall be deemed to be preempted by this chapter.

(Pub. L. 96–8, § 6, Apr. 10, 1979, 93 Stat. 17.)Statutory Notes and Related SubsidiariesEffective Date

Section effective as of January 1, 1979, see section 18 of Pub. L. 96–8, set out as a note under section 3301 of this title.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1980–2025 · leading case: Wood Ex Rel. United States v. Am. Inst. in Taiwan, 286 F.3d 526 (D.C. Cir. 2002).
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Wood Ex Rel. United States v. Am. Inst. in Taiwan, 286 F.3d 526 (D.C. Cir. 2002). · cites it 3× “comparable successor nongovernmental entity,” 22 U.S.C. § 3305 (a)(l)-(2), demonstrates that the Institute is not a governmental entity enjoying sovereign immunity, but rather a private corporation providing services to the government.”
Millen Indus., Inc. v. Coordination Council for North Am. Affairs, 855 F.2d 879 (D.C. Cir. 1988). “Thereafter, the State Department, pursuant to the Secretary’s delegated authority, entered into contract with the American Institute in Taiwan (AIT) pursuant to 22 U.S.C. § 3305 authorizing it to “carry out, on an unofficial basis, programs, transactions, and other relations…”
Dupont Circle Citizens Ass'n v. Dist. of Columbia Bd. of Zoning Adjustment, 530 A.2d 1163 (D.C. 1987). “It was established by the Taiwan Relations Act as the designated entity through which “[programs, transactions, and other relations conducted or carried out by the President or any agency of the United States Government with respect to Taiwan,” 22 U.S.C.A. § 3305 (a) (1987…”
Chang v. Nw. Mem'l Hosp., 506 F. Supp. 975 (N.D. Ill. 1980). “17 , 22 U.S.C. § 3305 . The Institute carries out “programs, transactions and other relations” on behalf of our government subject to the directives of the President.”
Shih v. Taipei Econ. & Cultural Rep. Off., 693 F. Supp. 2d 805 (N.D. Ill. 2010). “Under the TRA, those relations are to be conducted by a nonprofit corporation called the American Institute in Taiwan (AIT) on behalf of the United States, 22 U.S.C. § 3305 (a), and by a counterpart "instrumentality” on behalf of the people on Taiwan.”
Taiwan v. United States Dist. Court, 128 F.3d 712 (9th Cir. 1997). “Under the TRA, those relations are to be conducted by a nonprofit corporation called the American Institute in Taiwan (AIT) on behalf of the United States, 22 U.S.C. § 3305 (a), and by a counterpart “instrumentality” on behalf of the people on Taiwan.”
United States Inst. of Peace v. Jackson (D.D.C. 2025). · cites it 3× “, 22 U.S.C. § 3305 (a)-(b) (establishing the American Institute in Taiwan as a “nonprofit corporation incorporated under the laws of the District of Columbia” to “enter[] into, perform[], and enforce[], in the manner and to the extent directed by the President” any “agreement or…”
Risenhoover v. United States Dep't of State (D.D.C. 2020). “” 22 U.S.C. § 3305 . The President has “delegated the lion’s share of his authority over the Institute to the Secretary of State,” and the Institute “carries out its statutory responsibilities pursuant to a contract with the State Department.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.