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13004 Japan - Agreement Concerning Cooperation on the Advanced Microwave Scanning Radiometer-E (AMSR-E) Program


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13004

 

 

SPACE COOPERATION

 

 

 

Agreement Between the
UNITED STATES OF AMERICA
and JAPAN

 

Effected by Exchange of Notes
Signed at Washington November 30, 1998

 

 

 

 

 

 

 

 

 

 

 

 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JAPAN

Space Cooperation


Agreement effected by exchange of notes
Signed at Washington November 30, 1998;
Entered into force November 30, 1998.

DEPARTMENT OF STATE
WASHINGTON
Excellency: November 30, 1998
I have the honor to refer to the recent discussions
between representatives of the Government of the United
States of America and of the Government of Japan concerning
the cooperation between the National Aeronautics and Space
Administration of the United States of America (hereinafter
referred to as "NASA".) and the National Space Development
Agency of Japan (hereinafter referred to as "NASDA") on the
Advanced Microwave Scanning Radiometer-E (AMSR-E) Program
(hereinafter referred to as "the Program"), which will be
undertaken by NASDA as a part of the "Basic Program
concerning Space Development" of the Government of Japan.
In consideration of the continuing mutually beneficial
relationship between the two Governments in the field of
peaceful exploration and use of outer space; taking into
account the Agreement between the Government of the United
States of America and the Government of Japan on Cooperation
in Research and Development in Science and Technology,
signed at Toronto, on June 20, 1988, as extended; and
reaffirming that the provisions of the Agreement between the
Government of the United States of America and the
Government of Japan Concerning Cross-Waiver of
His Excellency
Kunihiko Saito,
Ambassador of Japan.
-2-
Liability for Cooperation in the Exploration and Use of
Space for Peaceful Purposes, signed at Washington, on
April 24, 1995, and the Exchange of Notes of the same date
between the two Governments concerning subrogated claims
shall apply to the Program, I have further the honor to
propose on behalf of the Government of the United States of
America the following:
1. The cooperation between NASA and NASDA mentioned
above will be conducted in accordance with the terms and
conditions of detailed arrangements to be agreed between
NASA and NASDA for the development, launch and operation of
the satellite equipped with the advanced microwave scanning
radiometer sensor for earth observation, and related
scientific and technological activities.
2. The provisions of the detailed arrangements
referred to in paragraph 1 above will be implemented in
accordance with the laws and regulations in force in each
country. Activities under the detailed arrangements will be
undertaken subject to the availability of appropriated
funds.
3. Unless otherwise agreed, the Government of the
United States of America shall register the satellite
referred to in paragraph 1 above in accordance with the
provisions of the Convention on Registration of Objects
Launched into Outer Space, done at New York, on January 14,
1975.
-3-
4. The Government of the United States of America and
the Government of Japan shall consult with each other on any
matter that may arise from or in connection with the Program
with a view to finding a mutually acceptable solution.
5. The present arrangements shall remain in force for
ten years, unless terminated by either Government upon six
months' written notice of its intention to terminate them
through diplomatic channels. The present arrangements may
be extended or amended by mutual written agreement of the
two Governments.
I have further the honor to propose that, if the
foregoing is acceptable to the Government of Japan, this
Note and Your Excellency's Note in reply shall constitute an
agreement between the two Governments, which will enter into
force on the date of Your Excellency's reply.
Accept, Excellency, the renewed assurances of my
highest consideration.
For the Secretary of State:
EMBASSY OF JAPAN
WASHINGTON, D.C.
November 30, 1998
Excellency,
I have the honor to acknowledge the receipt of Your Excellency's Note of
today's date which reads as follows:
"I have the honor to refer to the recent discussions between
representatives of the Government of the United States of America and of
the Government of Japan concerning the cooperation between the National
Aeronautics and Space Administration of the United States of America
(hereinafter referred to as "NASA") and the National Space Development
Agency of Japan (hereinafter referred to as "NASDA") on the Advanced
Microwave Scanning Radiometer-E (AMSR-E) Program (hereinafter
referred to as "the Program"), which will be undertaken by NASDA as a
part of the "Basic Program concerning Space Development" of the
Government of Japan.
In consideration of the continuing mutually beneficial relationship
between the two governments in the filed of peaceful exploration and use of
outer space; taking into account the Agreement between the Government of
the United States of America and the Government of Japan on Cooperation
in Research and Development in Science and Technology, signed at
Toronto, on June 20, 1988, as extended; and reaffirming that the provisions
of the Agreement between the Government of the United States of America
and the Government of Japan Concerning Cross-Waiver of Liability for
Cooperation in the Exploration and Use of Space for Peaceful Purposes,
signed at Washington, on April 24, 1995, and the Exchange of Notes of the
same date between the two Governments concerning subrogated claims
shall apply to the Program, I have further the honor to propose on behalf of
the Government of the United States of America the following:
1. The cooperation between NASA and NASDA mentioned above
will be conducted in accordance with the terms and conditions of detailed
arrangements to be agreed between NASA and NASDA for the
development, launch and operation of the satellite equipped with the
advanced microwave scanning radiometer sensor for earth observation, and
related scientific and technological activities.
2. The provisions of the detailed arrangements referred to in
paragraph 1 above will be implemented in accordance with the laws and
regulations in force in each country. Activities under the detailed
arrangements will be undertaken subject to the availability of appropriated
funds.
3. Unless otherwise agreed, the Government of the United States of
America shall register the satellite referred to in paragraph 1 above in
accordance with the provisions of the Convention on Registration of
Objects Launched into Outer Space, done at New York, on January 14,
1975.
4. The Government of the United States of America and the
Government of Japan shall consult with each other on any matter that may
arise from or in connection with the Program with a view to finding a
mutually acceptable solution.
5. The present arrangements shall remain in force for ten years,
unless terminated by either Government upon six months' written notice of
its intention to terminate them through diplomatic channels. The present
arrangements may be extended or amended by mutual written agreement of
the two Governments.
I have further the honor to propose that, if the foregoing is acceptable
to the Government of Japan, this Note and Your Excellency's Note in reply
shall constitute an agreement between the two Governments, which will
enter into force on the date of Your Excellency's reply."
I have further the honor to confirm on behalf of the Government of Japan
that the foregoing is acceptable to the Government of Japan and to agree that Your
Excellency's Note and this Note in reply shall constitute an agreement between
the two Governments, which will enter into force on the date of this reply.
Accept, Excellency, the renewed assurances of my highest consideration.
For the Ambassador Extraordinary
and Plenipotentiary of Japan
Her Excellency
Madeleine Korbel Albright
The Secretary of State



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