[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 406 Agreed to Senate (ATS)]
<DOC>
116th CONGRESS
2d Session
S. RES. 406
Recognizing that for 50 years, the Association of South East Asian
Nations (ASEAN) and its ten members, Brunei, Cambodia, Indonesia, Laos,
Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam,
have worked with the United States toward stability, prosperity, and
peace in Southeast Asia, and expressing the sense of the Senate that
the United States will continue to remain a strong, reliable, and
active partner in the ASEAN region.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 5, 2019
Mr. Menendez (for himself, Mr. Risch, Mr. Markey, Mr. Gardner, and Mr.
Merkley) submitted the following resolution; which was referred to the
Committee on Foreign Relations
June 3, 2020
Reported by Mr. Risch, with an amendment and an amendment to the
preamble
January 1, 2021
Considered, amended, and agreed to with an amended preamble
_______________________________________________________________________
RESOLUTION
Recognizing that for 50 years, the Association of South East Asian
Nations (ASEAN) and its ten members, Brunei, Cambodia, Indonesia, Laos,
Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam,
have worked with the United States toward stability, prosperity, and
peace in Southeast Asia, and expressing the sense of the Senate that
the United States will continue to remain a strong, reliable, and
active partner in the ASEAN region.
Whereas the 10 members of the Association of South East Asian Nations (ASEAN)
represent a variety of different cultures and beliefs;
Whereas an estimated 7,000,000 United States citizens identify with an ethnicity
represented in ASEAN;
Whereas the United States and ASEAN have been cooperating to advance our mutual
interests for 40 years, having first established dialogue relations on
September 10, 1977, through the 1977 Joint Communique of the First
ASEAN-United States Dialogue and the United States' accession to the
Treaty of Amity and Cooperation in Southeast Asia (TAC) at the ASEAN
Post Ministerial Conference Session in Thailand on July 22, 2009;
Whereas the United States was the first non-ASEAN country to appoint an
ambassador to ASEAN on April 29, 2008, and the first non-member to
establish a permanent mission to ASEAN in 2010;
Whereas cooperation between the United States Government and the governments and
people of the ASEAN nations can help realize our common goals of a free,
open, peaceful, and prosperous Indo-Pacific rooted in a rule-based order
that promotes security, opportunity, and dignity to all peoples;
Whereas the member states of ASEAN are all vibrant economies that have given
rise to a flourishing middle class and collectively are predicted to
become the world's fourth-largest economy by 2050;
Whereas, in 2019, ASEAN's 10 members represented the sixth largest economy in
the world and constitute the United States fourth-largest export market,
with total United States exports to ASEAN countries reaching
$116,200,000,000;
Whereas ASEAN is the number one destination for United States investment in the
Indo-Pacific, with $329,000,000,000 in cumulative foreign direct
investment;
Whereas ASEAN nations surround critical global sea lanes, with
$5,300,000,000,000 of global trade and more than half of the world's
total shipped tonnage transiting through ASEAN waters each year;
Whereas the ultimate goal of the ASEAN Economic Community (AEC) is to create one
of the world's largest single market economies and facilitate the free
movement of goods, services, and professionals;
Whereas the United States-ASEAN Single Window custom facilitation system
expedites intra-ASEAN trade and enhances the ability of United States
businesses to operate in the region;
Whereas the United States-ASEAN Business Alliance for Competitive Small and
Medium-Sized Enterprises (SMEs) has trained more than 4,600 small-to-
medium size enterprises, with nearly half of the participants being
women entrepreneurs;
Whereas the Lower Mekong Initiative, established on July 23, 2009, promotes
sustainable long-term economic development throughout mainland Southeast
Asia and fosters regional cooperation, integration, and capacity
building;
Whereas the newly announced Japan-United States Mekong Power Partnership aims to
``promote a more sustainable energy sector and quality energy
infrastructure development'' and demonstrates the shared commitment of
the United States and other Indo-Pacific nations to strengthen ties with
Mekong countries;
Whereas, in 2018 and 2019, the United States announced several additional
initiatives to enhance cooperation with ASEAN, including the United
States-ASEAN Smart Cities Partnership, the ASEAN Policy Implementation
Project, and the United States-ASEAN Innovation Circle;
Whereas the United States is cooperating with ASEAN member states and providing
emergency health assistance to enhance their resilience in the face of
the COVID-19 pandemic, including through the recently announced United
States-ASEAN Health Futures program that builds on the over
$3,500,000,000 the United States has invested in global health
collaboration with ASEAN nations over the last 20 years;
Whereas the United States remains committed to working with ASEAN to improve the
promotion and protection of human rights and fundamental dignity of the
people of ASEAN countries, a key ingredient to maintaining stability,
promoting economic growth, and advancing good governance;
Whereas the United States opposes all actions and claims that infringe upon the
freedom and lawful use of the sea, and has a national interest in
ensuring freedom of navigation and overflight, open access to the Indo-
Pacific region's maritime commons, and respect for international law in
the South China Sea;
Whereas the United States is deeply concerned about recent assertive and unsafe
behavior by the People's Republic of China in the South China Sea, and
urges all claimants with competing territorial claims to seek peaceful
resolution of disputes through collaborative diplomacy and, as
necessary, international arbitration mechanisms consistent with
international law;
Whereas the United States supports the Philippines' decision to use arbitration
under the United Nations Convention on the Law of the Sea (UNCLOS), done
at Montego Bay December 10, 1982, to peacefully and lawfully address
competing claims;
Whereas the United States supports development of a Code of Conduct (COC) that
represents the interests of all parties and promotes peace and stability
in the region, opposes efforts by any nation to use a COC as a vehicle
to limit presence in or lawful use of the South China Sea, encourages
claimants not to undertake new or unilateral attempts to change the
status quo since the signing of the 2002 Declaration of Conduct,
including reclamation activities or administrative measures or controls
in disputed areas in the South China Sea, and encourages ASEAN countries
to adopt a unified position in negotiating the COC;
Whereas the ASEAN-United States Maritime Exercise (AUXM), which ran from
September 2-6, 2019, and featured over 1,000 sailors from all 11
countries, built greater maritime security on the strength of ASEAN,
strengthened navy-to-navy bonds, and exemplified our shared belief in a
free and open Indo-Pacific; and
Whereas natural disasters in the ASEAN region over the past four decades have
resulted in major loss and damage, with a disproportionate impact on
developing countries, and the United States will pursue initiatives that
are consistent with sustainable long-term economic development,
including the achievement of food security and poverty alleviation;
improvement of conservation and sustainable management of forests, fish
stocks, and oceanic resources; resilience to extreme weather events that
are increasing in frequency and severity; and provision of sustainable
livelihoods for local communities throughout the ASEAN region: Now,
therefore, be it
Resolved, That the Senate--
(1) supports and affirms the full implementation of the
Asia Reassurance Initiative Act (Public Law 115-409) with
regard to elevating the United States relationship with ASEAN;
(2) stands with the nations of ASEAN as they respond to
COVID-19 and supports greater cooperation in building capacity
to prepare for and respond to pandemics and other public health
challenges;
(3) expresses support for rescheduling the United States-
ASEAN Special Summit at an appropriate time, and supports high-
level United States participation in the annual ASEAN summit
held each November;
(4) reaffirms the importance of United States-ASEAN
economic engagement, including the elimination of barriers to
cross-border commerce, and supports the ASEAN Economic
Community's (AEC) goals, including strong, inclusive, and
sustainable long-term economic growth and cooperation with the
United States that focuses on innovation and capacity-building
efforts in technology, education, disaster management, food
security, human rights, and trade facilitation, particularly
for ASEAN's poorest countries;
(5) urges ASEAN to continue its efforts to foster greater
integration and unity within the ASEAN community, as well as to
foster greater integration and unity with non-ASEAN economic,
political, and security partners, including Japan, the Republic
of Korea, Australia, the European Union, Taiwan, and India;
(6) recognizes the value of strategic economic initiatives
like United States-ASEAN Connect, which demonstrates a
commitment to ASEAN and the AEC and builds upon economic
relationships in the region;
(7) supports ASEAN nations in addressing maritime and
territorial disputes in a constructive manner and in pursuing
claims through peaceful, diplomatic, and, as necessary,
legitimate regional and international arbitration mechanisms,
consistent with international law, including through the
adoption of a code of conduct in the South China Sea that
represents the interests of all parties and promotes peace and
stability in the region;
(8) urges all parties involved in the maritime and
territorial disputes in the Indo-Pacific region, including the
Government of the People's Republic of China--
(A) to cease any current activities, and avoid
undertaking any actions in the future, that undermine
stability, or complicate or escalate disputes through
the use of coercion, intimidation, or military force;
(B) to demilitarize islands, reefs, shoals, and
other features, and refrain from new efforts to
militarize, including the construction of new garrisons
and facilities and the relocation of additional
military personnel, material, or equipment;
(C) to oppose actions by any country that prevent
other countries from exercising their sovereign rights
to the resources in their exclusive economic zones
(EEZ) and continental shelves by enforcing claims to
those areas in the South China Sea that lack support in
international law; and
(D) to oppose unilateral declarations of
administrative and military districts in contested
areas in the South China Sea;
(9) urges parties to refrain from unilateral actions that
cause permanent physical damage to the marine environment, and
supports the efforts of the National Oceanic and Atmospheric
Administration and ASEAN to implement guidelines to address the
illegal, unreported, and unregulated fishing in the region;
(10) supports efforts by United States partners and allies
in ASEAN--
(A) to enhance maritime capability and maritime
domain awareness;
(B) to protect unhindered access to and use of
international waterways in the Indo-Pacific region that
are critical to ensuring the security and free flow of
commerce;
(C) to counter piracy;
(D) to disrupt illicit maritime trafficking
activities such as the trafficking of persons, goods,
and drugs; and
(E) to enhance the maritime capabilities of
countries or regional organizations to respond to
emerging threats to maritime security in the Indo-
Pacific region;
(11) urges ASEAN member states to develop a common approach
to reaffirm the decision of the Permanent Court of
Arbitration's 2016 ruling in favor of the Republic of the
Philippines in the case against the People's Republic of
China's excessive maritime claims;
(12) reaffirms the commitment of the United States to
continue joint efforts with ASEAN to halt human smuggling and
trafficking in persons, and urges ASEAN to create and
strengthen regional mechanisms to provide assistance and
support to refugees and migrants;
(13) supports the Lower Mekong Initiative, which has led to
significant progress in promoting sustainable long-term
economic development in mainland Southeast Asia and fostering
integrated sub-regional cooperation and capacity building;
(14) urges ASEAN to build capacity for the promotion and
protection of human rights by ASEAN member states, and the
implementation of related priorities, programs, and activities;
(15) urges ASEAN governments to engage directly with
leaders of civil society and human rights, including advocates
of religious freedom, victims of human rights abuses, and
environmental groups, and to ensure these stakeholders have a
voice in constructing public policy;
(16) encourages the President of the United States to
communicate to ASEAN leaders the importance of promoting the
rule of law and open and transparent government, strengthening
civil society, and protecting human rights, including releasing
political prisoners, ceasing politically motivated prosecutions
and arbitrary killings, safeguarding freedom of the press,
freedom of assembly, freedom of religion, and freedom of speech
and expression;
(17) supports efforts by organizations in ASEAN that
address corruption in the public and private sectors, enhance
anti-bribery compliance, enforce bribery criminalization in the
private sector, and build beneficial ownership transparency
through the ASEAN-USAID PROSPECT project partnered with the
South East Asia Parties Against Corruption (SEA-PAC);
(18) supports the Young Southeast Asian Leaders Initiative
as an example of a people-to-people partnership that provides
skills, networks, and leadership training to a new generation
who will create and fill jobs, foster cross-border cooperation
and partnerships, and rise to solve the regional and global
challenges of the future; and
(19) applauds the ASEAN governments that have fully upheld
and implemented all United Nations Security Council resolutions
and international agreements with respect to North Korea's
nuclear and ballistic missile programs, and encourages all
other ASEAN governments to do the same.
<all>