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13173 Japan - Agreement Concerning Logistic Support, Supplies, and Services Contributed by Japan to the Armed Forces or Other Similar Entities of the United States


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13173

 

 

DEFENSE

 

 

 

 


Agreement Between the
UNITED STATES OF AMERICA
and JAPAN

Effected by Exchange of Notes
Dated at Tokyo November 16, 2001

 

 

 


 

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

Agreement effected by exchange of notes
Dated at Tokyo November 16, 2001;
Entered into force November 16, 2001.

Translation
Tokyo, November 16, 2001
Excellency,
I have the honor to refer to Japan's Law Regarding
Special Measures Concerning Measures Taken by Japan in
Support of the Activities of Foreign Countries Aiming to
Achieve the Purposes of the Charter of the United Nations
in Response to the Terrorist Attacks Which Took Place on 11
September 2001 in the United States of America and
Subsequent Threats as well as concerning Humanitarian
Measures Based on Relevant Resolutions of the United
Nations or Requests made by International Bodies (Law
No.113 of 2001, hereinafter referred to as "the Law") which
provides, inter alia, that the Government of Japan may
contribute to the armed forces or other similar entities of
foreign countries supplies and services in the field of
logistic support as a cooperation and support activity
(hereinafter referred to as "logistic support, supplies and
services"), and to confirm, on behalf of the Government of
Japan, that the following is the understanding reached
between the Government of Japan and the Government of the
United States of America during the discussions concerning
the logistic support, supplies and services contributed to
the armed forces or other similar entities of the United
States of America in accordance with the Law:
1. The use of logistic support, supplies and services
contributed to and accepted by the armed forces or other
similar entities of the United States of America in
accordance with the Law shall be consistent with the
Charter of the United Nations.
2. The logistic support, supplies and services
contributed to and accepted by the armed forces or other
similar entities of the United States of America in
accordance with the Law shall not be transferred, either
temporarily or permanently, by any means to those outside
of the armed forces or other similar entities of the United
States of America, without prior consent of the Government
of Japan.
His Excellency
Mr. Howard H. Baker, Jr.
Ambassador Extraordinary
and Plenipotentiary of
the United States of America
3. The official, or officials of the Department of
Defense or other similar entities of the United States of
America with authority to accept logistic support, supplies
and services to be contributed in accordance with the Law
shall be informed, in writing, by the official, or
officials of the Government of Japan of the conditions
contained in Paragraphs 1 and 2 above.
I have further the honor to propose that, if the above
mentioned understanding is acceptable to the Government of
the United States of America, the present Note and Your
Excellency's reply on behalf of the Government of the
United States of America shall be regarded as constituting
an agreement between the two Governments which shall enter
into force on the date of Your Excellency's reply.
I avail myself of this opportunity to renew to Your
Excellency the assurance of my highest consideration.
Makiko Tanaka
Minister for Foreign Affairs
of Japan
EMBASSY OF THE
UNITED STATES OF AMERICA
No. 779
Excellency,
I have the honor to acknowledge the receipt of Your Excellency's Note of
today's date, which reads as follows:
"Excellency,
I have the honor to refer to Japan's Law Regarding Special Measures
Concerning Measures Taken by Japan in Support of the Activities of Foreign
Countries Aiming to Achieve the Purposes of the Charter of the United Nations
in Response to the Terrorist Attacks Which Took Place on September 11, 2001
in the United States of America and Subsequent Threats as well as Concerning
Humanitarian Measures Based on Relevant Resolutions of the United Nations or
Requests made by International Bodies (Law No.113 of 2001, hereinafter
referred to as "the Law") which provides, inter alia, that the Government of
Japan may contribute to the armed forces or other similar entities of foreign
countries supplies and services in the field of logistic support as a cooperation
and support activity (hereinafter referred to as "logistic support, supplies and
services"), and to confirm, on behalf of the Government of Japan, that the
following is the understanding reached between the Government of Japan and
the Government of the United States of America during the discussions
concerning the logistic support, supplies and services contributed to the armed
forces or other similar entities of the United States of America in accordance
with the Law:
1. The use of logistic support, supplies and services
contributed to and accepted by the armed forces or other
similar entities of the United States of America in
accordance with the Law shall be consistent with the
Charter of the United Nations.
2. The logistic support, supplies and services contributed to
and accepted by the armed forces or other similar entities
of the United States of America in accordance with the
Law shall not be transferred, either temporarily or
permanently, by any means to those outside of the armed
forces or other similar entities of the United States of
America, without prior consent of the Government of
Japan.
Her Excellency
Makiko Tanaka,
Minister for Foreign Affairs of Japan,
Tokyo.
2
3. The official, or officials of the Department of Defense or
other similar entities of the United States of America with
authority to accept logistic support, supplies and services
to be contributed in accordance with the Law shall be
informed, in writing, by the official, or officials of the
Government of Japan of the conditions contained in
Paragraphs 1 and 2 above.
I have further the honor to propose that, if the above mentioned
understanding is acceptable to the Government of the United States of
America, the present Note and Your Excellency's reply on behalf of the
Government of the United States of America shall be regarded as
constituting an agreement between the two Governments which shall enter
into force on the date of Your Excellency's reply.
I avail myself of this opportunity to renew to Your Excellency the
assurance of my highest consideration."
I have further the honor to confirm on behalf of the Government of the
United States of America that the understanding contained in Your Excellency's
Note is also the understanding of the Government of the United States of America
and confirm 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.
I avail myself of this opportunity to renew to Your Excellency the assurance
of my highest consideration.
Embassy of the United States of America,
Tokyo, Japan, November 16, 2001.



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