Overview of “The Three Criteria”
in relation to the functioning of the

Republic of China

Ministry of National Defense
(
Taiwan)

 including its General Staff Headquarters, Army, Navy, Air Force,
Combined Services Forces, Armed Forces Reserve Command,

Coast Guard Command, Military Police Command, etc.

military forces

 

 



The Three Criteria for Designation as a Terrorist Organization

  1. The organization must be foreign. 


  2. The organization must engage in terrorist activity as defined in Section 212 (a)(3)(B) of the Immigration and Nationality Act.  


  3. The organization's activities must threaten the security of U.S. nationals or the national security (national defense, foreign relations, or the economic interests) of the United States.

 

 Comments:

(1) The officials of the Ministry of National Defense of the ROC carry ROC passports, ROC ID cards, and have ROC nationality.   These officials all openly claim to be citizens of the “Republic of China.”

(2) Analysis of the “terrorist activity” performed by the Ministry of National Defense and its subordinate agencies, including Army, Navy, Air Force, Combined Services Forces, Armed Forces Reserve Command, Coast Guard Command, Military Police Command, etc. military forces is been given in “Overview of 18 USC 2331.  More analysis is offered in Overview of INA: Act 212 (a)(3)(B).

(3) As one example of the activities of the Republic of China’s Ministry of National Defense that threaten the economic interests and foreign relations of the United States, the Spratly Islands’ dispute may be mentioned.  All of the Spratly Islands are claimed by the People’s Republic of China and Vietnam; parts of them are claimed by Malaysia and the Philippines.  The interests of the United States in avoiding a military conflict in this area, and/or in negotiating the peaceful settlement of territorial claims of the different nations are further frustrated by the fact that the Taiwan regime claims sovereignty over these islands. Indeed, Taiwan’s “sovereign claims” over the Spratly Islands have been re-asserted in many times in the period of 2003 -- 2012. 

 

 

 


The purpose of the U.S. Armed Forces is to protect and advance U.S. national interests and, if deterrence fails, to defeat threats to those interests. The United States has interests, responsibilities, and commitments that span the world. As a global power with an open society, the United States is affected by trends, events, and influences that originate from beyond its borders.

Ensuring U.S. security and freedom of action is a paramount interest, and includes protecting U.S. sovereignty, territorial integrity, and freedom; the safety of U.S. citizens at home and abroad; and critical U.S. infrastructure.

-- Annual Report to the President and the Congress, 2002