Elizabeth Trudeau Director, Press Office; Daily Press Briefing, Dept of State

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(1) May 9, 2016, on "CHINA/TAIWAN":


"QUESTION: Okay. Thank you, Elizabeth. I have a question about WHO’s invitation to Taiwan last week.

"MS TRUDEAU: Mm-hmm.

"QUESTION: Margaret Chan, the general secretary of WHO, sent a letter – invitation for Taiwan to be an observer this May. But in the letter he – he’s recalling the UN Resolution 2758, and in line with the “one China” principle as reflected within. Therefore, he invited Taiwan to lead delegate to WHA. I wonder, do you have any comment? Because I remember U.S. has a “one China” policy, not a “one China” principle. So since you’re a supporter of Taiwan’s participation in WHA --

"MS TRUDEAU: We are.

"QUESTION: -- I wonder do – yeah.

"MS TRUDEAU: We are pleased that Taiwan has received an invitation to this year’s World Health Assembly taking place May 23rd through 28th. Taiwan has participated as an observer in the WHA for the past seven years. The United States strongly supports such WHA participation and Taiwan’s meaningful participation in the work of the World Health Organization-related activities. We note Taiwan has made important contributions to global health, and its participation in the WHA and in the work of the WHO contributes to a safer, healthier world.

"QUESTION: But how about the “one China” principle? Does that contradict the --

"MS TRUDEAU: The United States remains committed to our “one China” policy based on the three joint communiques and the Taiwan Relations Act.

"QUESTION: And I remember too --

"MS TRUDEAU: Yeah.

"QUESTION: -- a quick – just one last question.

"MS TRUDEAU: Of course.

"QUESTION: In 2011, I remember the secretary of health from the U.S. said in Geneva no UN organization can unilaterally decide, determine Taiwan’s status. Do you think this time, by sending this invitation, WHO trying to redefine Taiwan’s --

"MS TRUDEAU: No. As I noted, we’re pleased to see them participate.

"QUESTION: Can I follow up?

"MS TRUDEAU: Go ahead. You know what? Let me go to the gentleman behind you and then I’ll come to you.

"QUESTION: On North Korea

* * *

"QUESTION: So that I’m wondering that the United States agree on WHO’s move to mention the “one China” principle in its invitation for Taiwan to participate in WHA.

"MS TRUDEAU: I’m just going to leave our comments where we put them.

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(2) May 10, 2016, on "EAST ASIA / REGION":


"QUESTION: On China, South China Sea --

"MS TRUDEAU: Yeah.

"QUESTION: -- in regards to the most recent freedom of navigation exercises, the Chinese Government said that the ships entered the water illegally and that this was a threat to peace and stability in the region. Do you have a response to that?

"MS TRUDEAU: Sure. So I’ve got a bit, so bear with me.

"The Department of Defense conducted a freedom of navigation operation in the South China Sea, specifically in the region of Fiery Cross Reef in the Spratly Islands, to uphold the rights and freedoms of all states under international law and to challenge excessive maritime claims of some claimants in the South China Sea. These excessive maritime claims are inconsistent with international law as reflected in the Law of the Sea covenant in that they purport to restrict the navigational rights that the United States and all states are entitled to exercise.

"During this operation, a U.S. Navy surface ship exercised the right of innocent passage while transiting inside 12 nautical miles of Fiery Cross Reef, a high-tide feature that is occupied by China but also claimed by the Philippines, Taiwan, and Vietnam. No claimants were notified prior to the transit, which is also consistent with our normal process and international law.

"This operation challenged attempts by China, Taiwan, and Vietnam to restrict navigational rights around the features they claim, specifically that these three claimants purport to require prior permission or notification of transits through the territorial sea, contrary to international law. Because the Philippines maritime claims in relation to South China Sea features do not purport to restrict the exercise of navigational rights and freedoms under the Law of the Sea by the United States and others, they were not challenged during this operation.

"And you had a specific question on China?

"QUESTION: And so do you have a response to the Chinese claims that they were illegal?

"MS TRUDEAU: Yeah, well, this operation was not singling out China. The operation challenged maritime claims of China, Taiwan, and Vietnam.

"QUESTION: Can I ask two things about this?

"MS TRUDEAU: Of course.

"QUESTION: Who determines what is an excessive maritime claim? Who determines “excessive”?

"MS TRUDEAU: So it is – there’s – it is consistent with the Law of the Sea. It’s the international understanding of what innocent passage is.

"QUESTION: The United States is not a party to the UNCLOS, isn’t that correct?

"MS TRUDEAU: So we have conducted freedom of navigations --

"QUESTION: But that’s not my question.

"MS TRUDEAU: Yeah. So for – it’s --

"QUESTION: So do China, Taiwan, and the Philippines say that their own claims are excessive? Seems to me that you have just decided that they’re excessive because – under the terms of a treaty to which you’re not a party.

"MS TRUDEAU: So they have asserted requirements for vessels transiting and it is inconsistent with International Law of the Sea.

"QUESTION: But you didn’t --

"MS TRUDEAU: The U.S. operation – our freedom of navigation challenges that as these signatories. So --

"QUESTION: Yeah, but you didn’t – but you ignored them. Basically, you just – this ship just barged in without --

"MS TRUDEAU: In – and consistent with international maritime law.

"QUESTION: Yeah, yeah, but I mean, you didn’t notify anybody.

"MS TRUDEAU: No, we did not notify them.

"QUESTION: You just went in, but that’s not – my question is: Who decides whether a claim is excessive?

"MS TRUDEAU: So it’s – it is the International Law of the Sea, it’s my understanding, that determines --

"QUESTION: But you’re not a party to the International Law of the Sea.

"MS TRUDEAU: But this is a common understanding among these claimants.

"QUESTION: Well, do they say that their own claims are excessive?

"MS TRUDEAU: So there’s three nations --

"QUESTION: Yes.

"MS TRUDEAU: -- that have – have done that.

"QUESTION: Well, not nations, careful, because one of them’s Taiwan.

"MS TRUDEAU: Yeah, thank you. Three – well, and the Philippines as well as Taiwan that have said claims to this feature in the South China Sea in the Spratly lines.

"QUESTION: (Inaudible) acknowledge any of them except your – you’re saying that their claim is excessive?

"MS TRUDEAU: So we were operating in accordance with international maritime law.

"QUESTION: I know, but do any of them agree with you that their own claims --

"MS TRUDEAU: I would ask them.

"QUESTION: -- are excessive?

"MS TRUDEAU: I would ask them on that.

"QUESTION: Well, if they don’t, then I don’t – okay. Oh, and then – no, that’s it on that.

"MS TRUDEAU: Okay.

"QUESTION: Well, I have a follow-up on the claim.

"MS TRUDEAU: Sure.

"QUESTION: Does one not see this as a – as prodding China? I know you say here that the operation was not singling out China --

"MS TRUDEAU: No.

"QUESTION: -- but it is close to a reef that China claims as its own.

"MS TRUDEAU: No, we don’t believe these are provocative at all. Around the world, we conduct freedom of navigations in accordance with international law.

"QUESTION: But does one – one doesn’t sail close to the specific reef or any of those others --

"MS TRUDEAU: No, we don’t see this as singling out any country. We don’t single – we don’t view this as provocative at all. Anything else on South China Sea?

"Said.