The Asia Reassurance Initiative Act (ARIA) of 2018

The Asia Reassurance Initiative Act (ARIA) of 2018

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Updated April 4, 2019
The Asia Reassurance Initiative Act (ARIA) of 2018
In December 2018, the 115th Congress passed, and
cooperation with allies and partners” and to “sustain a
President Trump signed into law, the Asia Reassurance
strong military presence in the Indo-Pacific region.”
Initiative Act of 2018 (ARIA; P.L. 115-409), which
provides a broad statement of U.S. policy for the Indo-
Table 1. ARIA’s Authorizations for Appropriations
Pacific region. ARIA states, “Without strong leadership
from the United States, the international system,
Purpose
Amount
fundamentally rooted in the rule of law, may wither.... It is
For certain security programs
$1.5 bil ion per
imperative that the United States continue to play a leading
year
role in the Indo-Pacific.” The act, which utilizes the “Indo-
Pacific” framework adopted by the Trump Administration
To promote democracy, strengthen civil
$210 mil ion
in its “Free and Open Indo-Pacific” policy, appears to seek
society, human rights, rule of law,
per year
to reassure U.S. allies, strategic partners, and other nations
transparency, and accountability in the
of the United States’ continued commitment to the region.
Indo-Pacific region
To enhance cooperation with Indo-Pacific
$100 mil ion
Immediately after signing the act on December 31, 2018,
nations to combat cybersecurity threats
per year
President Trump issued an accompanying “signing
statement,” noting that several of ARIA’s provisions
To support Indo-Pacific young leaders,
$25 mil ion per
“purport to dictate the policy of the United States in
including the Young Southeast Asian
year
external military and foreign affairs” or “require the
Leaders Initiative (YSEALI) and the ASEAN
executive branch to undertake certain diplomatic initiatives
Volunteers Program
with international partners.” The statement indicated the
For critical assistance to human rights
$1 mil ion per
Administration “will treat these provisions consistent with
the President’s exclusive constitutional authorities as
defenders
year
Commander in Chief and as the sole representative of the
To establish “a comprehensive, integrated,
$1 mil ion per
United States in foreign affairs.”
multiyear strategy to encourage the efforts
year
of Indo-Pacific countries to implement
Main Components
national power strategies”
The act is divided into three titles—“Promoting United
States Security Interests in the Indo-Pacific Region,”
To “produce a robust and comprehensive
“Such amounts
“Promoting United States Economic Interests in the Indo-
trade capacity building and trade facilitation
as may be
Pacific Region,” and “Promoting United States Values in
strategy
necessary”
the Indo-Pacific Region.” Each title includes a statement of
To sponsor bilateral and multilateral
“Such amounts
U.S. policy, authorizes funding to implement policy (see
activities for intellectual property
as may be
Table 1), and requires the Administration to report to
protection
necessary”
Congress on various aspects of its implementation (see
Table 2).
Note: Funds are authorized for FY2019 through FY2023.
Security Provisions
ARIA makes specific reference to the U.S. commitment to
ARIA finds that the Indo-Pacific region “poses security
treaty alliances with Australia, Japan, the Philippines, South
challenges that threaten to undermine United States national
Korea, and Thailand. It highlights the United States’
security interests, regional peace, and global stability” and
strategic partnership with India and calls for “the
that “[t]he core tenets of the United States-backed
strengthening and broadening of diplomatic, economic, and
international system are being challenged”
security ties between the United States and India.”
by China, North
It also
states that it is U.S. policy “to supp
Korea, and international terrorist organizations.
ort the close economic,
political, and security relationship” with Taiwan. In
ARIA emphasizes the importance of working with allies
addition, ARIA states that the United States should elevate
and partners “to confront common challenges” and calls for
the U.S. relationship with the Association of Southeast
a policy that “secures the vital national security interests of
Asian Nations (ASEAN) to a strategic partnership and
the United States and our allies and partners.” In addition to
develop a strategy to deepen trilateral security cooperation
emphasizing the U.S. commitment to “freedom of
between the United States, Japan, and South Korea. It also
navigation under international law” and the “peaceful
argues that the quadrilateral “security dialogue between the
resolution of maritime and territorial disputes,” ARIA
United States, Australia, India, and Japan is vital to address
emphasizes the need to “expand security and defense
pressing security challenges in the Indo-Pacific region.” It
also commits the United States to enhanced security
partnerships with Indonesia, Malaysia, Singapore, and
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Vietnam; reaffirms the United States’ commitment to New
Reporting Requirements
Zealand; and supports “strong United States engagement
ARIA requires several reports be provided to Congress,
with the nations of the South Pacific.”
most within either 90 or 180 days after enactment, or March
31, 2019, and June 29, 2019, respectively (see Table 2). In
Economic Provisions
some cases, the reports are to be provided semiannually or
ARIA expresses congressional support for bilateral,
annually thereafter, most for the following five years.
multilateral, or regional trade agreements that respect the
rule of law and will create U.S. jobs and grow the U.S.
Table 2. ARIA’s Reporting Requirements
economy. It urges a “comprehensive economic
Topic
Deadline and Frequency
engagement” framework with ASEAN, and continued use
of the Asia-Pacific Economic Cooperation (APEC), the
Strategic framework for
180 days after enactment and
East Asia Summit, and the Group of 20 to pursue U.S.
engagement with ASEAN
annually thereafter
economic objectives. ARIA also supports “full
implementation of the World Trade Organization’s Trade
Cessation of il icit activity
30 days after termination of
Facilitation Agreement by Indo-Pacific countries.” To that
violating U.N. Security
any sanction on the DPRK
end, ARIA authorizes monies for trade capacity building
Council resolutions by the
government or person acting
and facilitation activities in the region.
DPRK government or person
on its behalf
acting on its behalf
Other economic provisions include an annual report (for
five years) on U.S. efforts to “combat intellectual property
Strategy “to address the
90 days after enactment and
violations and commercial cyber-enabled theft” in the
threats posed by, and the
every 180 days thereafter
region; the authorization of appropriations to “establish a
capabilities of,” the DPRK
comprehensive, integrated, multiyear strategy” to
Assessment of the capabilities 180 days after enactment
encourage Indo-Pacific countries to implement “national
of violent extremist groups in
power strategies”; continuing support for the Lower
Southeast Asia
Mekong Initiative; and support for natural resource
conservation and women’s economic rights.
U.S. government efforts to
180 days after enactment and
U.S. Values
combat intellectual property
annually thereafter
violations and commercial
ARIA states that it is in the national security interest of the
cyber-enabled threats in the
United States to promote “human rights and respect for
Indo-Pacific region
democratic values in the Indo-Pacific region.” It expresses
serious concerns about the rule of law and civil liberties in
Evaluation of Lower Mekong
180 days after enactment and
Cambodia, China, Laos, North Korea, Thailand, and
Initiative activities
annually thereafter until 2023
Vietnam, as well as “disturbing human rights
Strategy to promote human
90 days after enactment
developments” in Burma (Myanmar) and the Philippines.
rights, democracy, and good
governance in ASEAN nations
ARIA encourages the President to “pursue additional
efforts to combat trafficking in persons and human
Evaluation of the Human
180 days after enactment and
slavery.” In addition, it calls on the Secretary of State to
Rights Defender Funds
annually thereafter
“establish high-level bilateral and regional dialogues with
activities
nations in the Indo-Pacific region regarding human rights
Note: Unless otherwise noted, recurring reports are required for
and religious freedom violations,” plus people-to-people,
five years after submission of first report.
educational, and capacity-building exchanges. ARIA
authorizes the President to impose sanctions and suspend
Implications for U.S. Policy
foreign aid to individuals, entities, or countries that have
ARIA’s main impact is likely to be mostly symbolic,
violated human rights or religious freedoms.
signaling U.S. commitment to the region and the efforts
Regional Response
Congress supports to that end. The act shows congressional
support for many elements of the Administration’s
Official responses in the region were limited. Taiwan’s
approach to China as a strategic competitor. Many
Foreign Ministry welcomed ARIA, saying it “underscores
observers have also read it, however, as a sign of
U.S. support for and friendship toward Taiwan, on the eve
congressional unease with President Trump’s treatment of
of the 40th anniversary of the Taiwan Relations Act.”
U.S. allies and traditional partners. The President’s
Focusing on ARIA’s Taiwan-related provisions, China’s
Foreign Ministry said ARIA “grossly interferes in China’s
proposed budget for FY2020 requests funding for some of
the programs ARIA authorized, such as cybersecurity
internal affairs.” The ministry warned that the United States
“must not implement” those provisions
threats and YSEALI, but does not provide sufficient detail
and “should
to determine if it reaches ARIA’s authorization levels.
carefully handle the Taiwan-related issues in a cautious
manner.”Australia’s Foreign Minister commented, “[W]e
welcome the bipartisan and bicameral support within
Michael F. Martin, Coordinator, Specialist in Asian
Congress for a strong and enduring U.S. role in the Indo-
Affairs
Pacific, most recently enunciated by the Asia Reassurance
Ben Dolven, Specialist in Asian Affairs
Initiative Act, the ARIA.”
Susan V. Lawrence, Specialist in Asian Affairs

Mark E. Manyin, Specialist in Asian Affairs
https://crsreports.congress.gov

The Asia Reassurance Initiative Act (ARIA) of 2018

IF11148
Bruce Vaughn, Specialist in Asian Affairs

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