The US has officially, if obliquely, admitted it was wrong when it subjected Taiwan's new representative to the US David Lee (李大維) to demeaning treatment on his arrival at Washington's Dulles Airport to take up his post in July. And it has acted officially to do something about it.
The admission came in the form of a reference in a new anti-terrorist rule by the Homeland Security Department, which requires all aliens arriving in the country to undergo such "biometric" screening as fingerprinting and being photographed.
The new interim rule, published in the US Federal Register on Aug. 31, extends to 50 of the biggest US airport biometrics regulations originally promulgated in January. As part of the rule, the department pointed out specific exemptions for officials working for the Taipei Economic and Cultural Representative Office (TECRO).
The register is the official compilation of all US government rules and regulations.
While the exemption clearly existed before the new rules were created, the fact that they were highlighted in the latest rules is a result of complaints TECRO made to the State Department, and the department, in turn, made to the Department of Homeland Security.
Meeting the Taiwan Washington press corps Friday, Lee described the treatment he received at Dulles, where he was fingerprinted and photographed, as a "mistake." The State Department and Homeland Security "wanted to rectify this mistake," and issued the special exemption to the rules as a result, Lee told the Taipei Times.
The exemption in the new rules are "a reiteration of the existing agreement between Taiwan and the US" as originally codified in the Taiwan Relations Act of 1979, Lee said.
But, despite the fact that the January rules should have recognized the special status TECRO staff have under US law, "there was still some confusion," Lee said.
TECRO complained to the State Department, and State complained to Homeland Security, which is in charge of dealing with foreigners arriving in the country.
"I think that's the reason the Federal Register wants to make it clear that this mistake will not be repeated again," Lee said.
It is "obviously the case" that the singling out of TECRO staff is the result of the complaints following his Dulles treatment, he said.
In an effort to make sure that US border officials do not misapply the law in the future, TECRO officials will carry a copy of the Federal Register notice to show to officers when they arrive in the US.
"I think that should speak for itself," Lee said.
In the notice, the Homeland Security Department made specific reference to the Taiwan Relations Act and the special status it gives to TECRO in carrying out US-Taiwan relations.
"In keeping with this special status," the new rule states, "Taiwan representatives of the TECRO, and their dependents, are added as an additional class of aliens exempt from the collection of biometric information under US-VISIT [the program that deals with alien arrivals and departures] at this time. This interim rule now exempts certain officials of TECRO from US-VISIT."
The new rules are effective Sept. 30.
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