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13047 Japan - Agreement Concerning a Program for the Cooperative Research of Shallow Water Acoustic Technology (SWAT)


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13047

 

 

DEFENSE

Shallow Water Acoustic Technology
(SWAT) Program

 

 

 


Agreement Between the
UNITED STATES OF AMERICA
and JAPAN

Effected by Exchange of Notes
Signed at Tokyo June 18, 1999

 

 

 


 

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

Defense: Shallow Water Acoustic Technology
(SWAT) Program

Agreement effected by exchange of notes
Signed at Tokyo June 18, 1999;
Entered into force June 18, 1999.

Translation
Tokyo, June 18, 1999
Sir,
I have the honor to refer to the Mutual Defense
Assistance Agreement between Japan and the United States of
America signed at Tokyo on March 8, 1954 (hereinafter
referred to as "the MDA Agreement"), which provides, inter
alia, that each Government will make available to the other
such equipment, materials, services, or other assistance as
the Government furnishing such assistance may authorize, in
accordance with such detailed arrangements as may be made
between them.
The representatives of the Government of Japan and the
Government of the United States of America have recently
held discussions for the purpose of making such detailed
arrangements as mentioned above concerning a program for
the cooperative research of Shallow Water Acoustic
Technology (hereinafter referred to as "the Program"). The
following is the understanding of the Government of Japan
regarding the results of the above-mentioned discussions:
1. In accordance with the detailed implementing
arrangements to be made under paragraph 4, the Government
of Japan and the Government of the United States of America
will mutually provide information, equipment, and materials
which are necessary to implement the Program. The two
Governments shall jointly bear the cost necessary for the
execution of the Program.
2. The Program will be undertaken through contracts with
industries of Japan and industries and universities of the
United States of America to the extent necessary.
Mr. Christopher J. LaFleur
Chargé d'Affaires ad interim
of the United States of America
2
3. The present understanding will be implemented in
accordance with the MDA Agreement and arrangements made
thereunder, including the Agreement between the Government
of Japan and the Government of the United States of America
to Facilitate Interchange of Patent Rights and Technical
Information for Purposes of Defense signed at Tokyo on
March 22, 1956.
4. In order to implement the present understanding,
representatives of the competent authorities of the two
Governments will make detailed implementing arrangements.
The competent authority of the Government of Japan will be
the Defense Agency; the competent authority of the
Government of the United States of America will be the
Department of Defense.
5. The financial obligations and expenditures incurred by
the Government of Japan and the Government of the United
States of America under the present understanding and all
arrangements to be made hereunder will be subject to budget
authorization pursuant to the constitutional and
legislative provisions of the respective countries.
I have the honor to propose that, if the above
understanding is acceptable to the Government of the United
States of America, the present Note and your reply of
acceptance shall be regarded as constituting an agreement
between the two Governments which shall enter into force on
the date of your reply and shall remain in force until six
months after the date of the receipt of notice of
termination by either Government.
I avail myself of this opportunity to renew to you the
assurance of my high consideration.
Masahiko Koumura
Minister for Foreign Affairs
of Japan
EMBASSY OF THE
UNITED STATES OF AMERICA
No. 277
Excellency,
I have the honor to acknowledge the receipt of Your Excellency's
Note of today's date, which reads as follows:
"Sir,
I have the honor to refer to the Mutual Defense
Assistance Agreement between Japan and the United States
of America signed at Tokyo on March 8, 1954 (hereinafter
referred to as "the MDA Agreement"), which provides,
inter alia,, that each Government will make available to the
other such equipment, materials, services, or other assistance
as the Government furnishing such assistance may authorize,
in accordance with such detailed arrangements as may be
made between them.
The representatives of the Government of Japan
and the Government of the United States of America have
recently held discussions for the purpose of making such
detailed arrangements as mentioned above concerning a
program for the cooperative research of Shallow Water
Acoustic Technology (hereinafter referred to as "the
Program"). The following is the understanding of the
Government of Japan regarding the results of the above-
mentioned discussions:
1. In accordance with the detailed implementing
arrangements to be made under paragraph 4, the
Government of Japan and the Government of the
United States of America will mutually provide
information, equipment, and materials which
are necessary to implement the Program.
His Excellency
Masahiko Koumura,
Minister for Foreign Affairs
of Japan.
The two Governments shall jointly bear the cost necessary
for the execution of the Program.
2. The Program will be undertaken through contracts with
industries of Japan and industries and universities of the
United States of America to the extent necessary.
3. The present understanding will be implemented in
accordance with the MDA Agreement and arrangements
made thereunder, including the Agreement between the
Government of Japan and the Government of the United
States of America to Facilitate Interchange of Patent
Rights and Technical Information for Purposes of
Defense signed at Tokyo on March 22, 1956.
4. In order to implement the present understanding,
representatives of the competent authorities of the two
Governments will make detailed implementing arrange-
ments. The competent authority of the Government of
Japan will be the Defense Agency; the competent
authority of the Government of the United States of
America will be the Department of Defense.
5. The financial obligations and expenditures incurred by
the Government of Japan and the Government of the
United States of America under the present understanding
and all arrangements to be made hereunder will be subject
to budget authorization pursuant to the constitutional and
legislative provisions of the respective countries.
I have the honor to propose that, if the above understanding
is acceptable to the Government of the United States of America,
the present Note and your reply of acceptance shall be regarded
as constituting an agreement between the two Governments which
shall enter into force on the date of your reply and shall remain in
force until six months after the date of the receipt of notice of
termination by either Government.
I avail myself of this opportunity to renew to you the
assurance of my high consideration."
2
3
I have the honor to confirm on behalf of the Government of the
United States of America that the foregoing understanding is acceptable
to the Government of the United States of America and to agree that
Your Excellency's Note and this reply shall be regarded as constituting an
agreement between the two Governments which shall enter into force on
the date of this reply and shall remain in force until six months after the
date of the receipt of notice of termination by either Government.
I avail myself of this opportunity to renew to Your Excellency the
assurance of my highest consideration.
Christopher J. LaFleur
Chargé d'Affaires ad interim
Embassy of the United States of America
Tokyo, June 18, 1999.



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