{ "id": "R40583", "type": "CRS Report", "typeId": "REPORTS", "number": "R40583", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 353280, "date": "2009-10-26", "retrieved": "2016-04-07T02:13:43.155356", "title": "U.S. Accession to the Association of Southeast\u00a0Asian Nations\u2019 Treaty of Amity\u00a0and\u00a0Cooperation (TAC)", "summary": "On July 22, 2009, during Secretary of State Hillary Rodham Clinton\u2019s visit to Southeast Asia, the United States acceded to the Association of Southeast Asian Nations\u2019 (ASEAN) Treaty of Amity and Cooperation (TAC), one of the 10-nation organization\u2019s core documents, as had been amended by the 1987 and 1998 TAC Protocols. The move came less than six months after Secretary of State Clinton announced in Jakarta that the Obama Administration would launch its formal interagency process to pursue accession. This report analyzes the legal and diplomatic issues involved with accession to the TAC. \nASEAN is Southeast Asia\u2019s primary multilateral organization. Its 10 member-nations include over 500 million people. Collectively, ASEAN is one of the United States\u2019 largest trading partners, constituting about 5%-6% of total U.S. trade. Geographically, Southeast Asia includes some of the world\u2019s most critical sea lanes, including the Straits of Malacca, through which pass a large percentage of the world\u2019s trade. The TAC was first negotiated in 1976 and subsequently amended to allow non-regional countries to accede. Fifteen countries have done so, including U.S. allies Japan, South Korea, and Australia, as well as China, Russia, and India. \nWithin ASEAN, accession to the TAC by non-members often is seen as a symbol of commitment to engagement in Southeast Asia, and to the organization\u2019s emphasis on multilateral processes. The United States is the last major Pacific power to have acceded. The fact that the United States was not a party to the TAC had been one of many pieces of evidence that Southeast Asian leaders cited in arguing that the United States neglected Southeast Asia generally, and ASEAN specifically. Southeast Asian leaders generally have welcomed the Obama Administration\u2019s move, which seems to be designed to boost the United States\u2019 standing in Southeast Asia by expanding the multilateral component of U.S. policy in the region. Some U.S. and Southeast Asian officials and analysts say that expanding U.S. engagement with ASEAN will help boost Southeast Asia\u2019s political stature, particularly as China seeks to continue expanding its influence in the region. \nThe major concern with accession is whether the TAC\u2019s emphasis on non-interference in other countries\u2019 domestic affairs will constrain U.S. freedom of action, particularly its ability to maintain or expand sanctions on Burma. Proponents of accession often note that Australia has imposed and expanded financial and travel restrictions on Burma since it acceded in 2005. Canberra\u2019s restrictions are far less extensive than the sanctions the United States maintains on Burma. The Administration and ASEAN negotiated and exchanged side letters designed to alleviate these concerns. Other objections to accession included arguments that it will accord greater legitimacy to the ruling Burmese junta; a view that ASEAN is insufficiently \u201caction-oriented\u201d; and a belief that the TAC is an untested, arguably ineffectual agreement.\nOne issue for U.S. policymakers was whether accession to the TAC should take the form of a treaty, subject to the advice and consent of the Senate, or whether the President already has sufficient authority to enter the TAC without further legislative action being necessary. Ultimately, after consulting with selective offices in the Senate, the Administration decided that accession would take the form of an executive agreement, which does not require Senate approval.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R40583", "sha1": "1320a7d830a416cdbe384b14badd53e7074bce6b", "filename": "files/20091026_R40583_1320a7d830a416cdbe384b14badd53e7074bce6b.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R40583", "sha1": "6e0fc0bff803d0e84962e9f5e838f87af67c5970", "filename": "files/20091026_R40583_6e0fc0bff803d0e84962e9f5e838f87af67c5970.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc700692/", "id": "R40583_2009Jul13", "date": "2009-07-13", "retrieved": "2015-08-27T16:20:31", "title": "U.S. Accession to the Association of Southeast Asian Nations' Treaty of Amity and Cooperation (TAC)", "summary": "This report analyzes the legal and diplomatic issues involved with accession to the Treaty of Amity and Cooperation (TAC).", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20090713_R40583_521667646f901860b4fe7f009cb6f38ba22d6c27.pdf" }, { "format": "HTML", "filename": "files/20090713_R40583_521667646f901860b4fe7f009cb6f38ba22d6c27.html" } ], "topics": [ { "source": "LIV", "id": "Foreign policy", "name": "Foreign policy" }, { "source": "LIV", "id": "Foreign relations -- U.S. -- East & Southeast Asia", "name": "Foreign relations -- U.S. -- East & Southeast Asia" }, { "source": "LIV", "id": "Foreign economic relations -- U.S. -- East & Southeast Asia", "name": "Foreign economic relations -- U.S. -- East & Southeast Asia" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc743613/", "id": "R40583_2009May05", "date": "2009-05-05", "retrieved": "2015-10-20T21:35:54", "title": "U.S. Accession to ASEAN's Treaty of Amity and Cooperation (TAC)", "summary": "This report analyze the legal and diplomatic issues involved with the possible accession of the Association of Southeast Asian Nations' (ASEAN) Treaty of Amity and Cooperation (TAC) by the United States. It is expected that this process could be concluded within the year.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20090505_R40583_45706a4f7a41287c6dad0791349bac96a45d3c10.pdf" }, { "format": "HTML", "filename": "files/20090505_R40583_45706a4f7a41287c6dad0791349bac96a45d3c10.html" } ], "topics": [ { "source": "LIV", "id": "Treaties", "name": "Treaties" }, { "source": "LIV", "id": "International affairs", "name": "International affairs" }, { "source": "LIV", "id": "International relations", "name": "International relations" } ] } ], "topics": [ "Foreign Affairs", "Intelligence and National Security" ] }