AGREEMENT BETWEENTHE GOVERNMENT OF JAPAN AND
THE GOVERNMENT OF THE UNITED STATES OF AMERICAON ENHANCING COOPERATION IN PREVENTING
AND COMBATING SERIOUS CRIMEThe Government of Japan and the Government of theUnited States of America (hereinafter referred to as “theParties”),
Prompted by the desire to cooperate more closely toprevent and combat serious crime, particularly terrorism,
Recognizing that more effective information sharing isan essential component in the fight against serious crime,
particularly terrorism,
Recognizing the need to further facilitate secureinternational travel under their respective visa waiverprograms, and the importance of preventing and combating
serious crime, particularly terrorism, while respecting
fundamental rights and freedoms, notably privacy and theprotection of personal data,
Have agreed as follows:
Article 1
Definitions
For the purposes of this Agreement:(1) “Automated querying” shall mean an online
procedure for comparing fingerprint data through thenational contact points designated in accordance with
Article 3 for the purpose of determining, on an automatedbasis, whether a match exists between fingerprint datatransmitted by the national contact point of the querying
Party (hereinafter referred to as “the querying contact
point”) and fingerprint data made available by the queried
Party.
(2) “Personal data” shall mean any information
relating to an identified or identifiable natural person.

1(3) “Serious crime” shall mean, for the purpose of
implementing this Agreement, conduct constituting an
offense punishable by death, life imprisonment, or
deprivation of liberty for a maximum period of more than
one year and that is described in Annex I of thisAgreement, which forms an integral part of this Agreement,or any other conduct constituting an offense punishable bydeath, life imprisonment, or deprivation of liberty for a
maximum period of at least three years by the laws andregulations of the country of at least one of the Parties(for Article 4 or 8, the Party that queries or uses
information).
Article 2
PurposeThe Parties shall cooperate with each other under theframework established herein to exchange information,
including personal data, (hereinafter referred to as“information”) to be utilized for the purpose of
preventing, detecting, and investigating serious crime,
particularly terrorism, with the objective of enhancing thesecurity of nationals of both countries, while further
facilitating secure international travel under theirrespective visa waiver programs.
Article 3
National Contact Points
1.
Each Party shall designate one or more national
contact points that are to perform the functions provided
for in this Agreement.
2.
Each Party shall notify the other Party of its
national contact points through diplomatic channels.
3.
The national contact points of the Parties shallcommunicate directly with one another in accordance withthis Agreement.
4.
The national contact points of the Parties shallperform the functions provided for in this Agreement inconformity with the requirements of this Agreement.
Article 4
Automated Querying of Fingerprint Data
1.
For providing information to prevent, detect, andinvestigate serious crime, each Party shall permit theother Party’s national contact points to initiate automatedquerying.

2

2.
For the purpose of automated querying, each Party
shall make available to the other Party fingerprint data as
provided for in Annex II of this Agreement, which forms an
integral part of this Agreement.
3.
The national contact point of each Party may initiate
automated querying on fingerprint data of an individual forthe prevention, detection, and investigation of serious
crime only if particular circumstances give reason toinquire whether the individual will commit or has committed
a serious crime.
4.
An automated fingerprint identification system for
automated querying shall be established by each Party inaccordance with the laws and regulations of its country.
When automated querying is initiated, the queried Party’s
system will respond automatically to the querying contact
point either that there is a match, with a correspondingreference number, or that there is no match, according to
the result of the comparison of the fingerprint data.
5.
When there is a match, the response shall beaccompanied by the fingerprint data to allow the querying
contact point to confirm the result.
6.
In cases where an automated query pursuant to this
Article resulting in a match is not followed by a request
for further information pursuant to Article 5, the national
contact point of the queried Party (hereinafter referred toas “the queried contact point”) may request, within areasonable period of time, an explanation of the purpose of
the automated query. The querying contact point shall
respond to such request in a timely manner.
7.
The technical and procedural details for automatedquerying pursuant to this Article shall be specified in one
or more implementing arrangements between the national
contact points of the Parties.
Article 5
Request for and Provision of Further Information
1.
When an automated query results in a match, thequerying contact point may request the queried contact
point to provide further information of the individual
whose fingerprint data is matched, subject to written
notification of the purpose of the request and other items
as specified in one or more implementing arrangements.

3

2.
The queried contact point shall provide the querying
contact point with the requested information that isavailable at the time of receipt of the request and that it
deems relevant to the purpose specified in the request, in
accordance with this Agreement and the laws and regulationsof its country.
3.
Information shall be provided without regard towhether the conduct that is the subject of the prevention,
detection, or investigation by the querying Party would
constitute a criminal offense under the laws andregulations of the country of the queried Party.
4.
Requests for information in accordance with thisAgreement shall not be refused only for the reason that therequests could be made through other applicable bilateralor multilateral international agreements on mutual legal
assistance or through other international law enforcement
cooperation, except for the requests that must be governedby those agreements.
5.
If the request is refused, consistent with the laws
and regulations of the country of the queried Party, thequeried contact point shall inform the querying contact
point of the reasons for refusal.
Article 6
Provision of Information without Request
Either Party may, without prior request, provide
information to the other Party through national contact
points, subject to the laws and regulations of its country
for the prevention, detection, and investigation of serious
crime, in individual cases when it has reason to believethat a serious crime, particularly terrorism and related
conduct, will be or has been committed.
Article 7
Notification of Result of Use
Upon request, the national contact point which hasreceived information pursuant to Article 5 or 6 shallnotify the national contact point which has provided theinformation of the result of any use of such information,
including the use under subparagraph (1) of paragraph 5 of
Article 8.

4Article 8
Limitation on Processing of Information
1.
The queried contact point shall delete the fingerprint
data transmitted to it by the querying contact point
immediately after making the response pursuant to Article 4.
However, the queried contact point may retain thefingerprint data until it responds to the request referred
to in paragraph 1 of Article 5, when an automated query
results in a match.
2.
The querying contact point shall delete thefingerprint data transmitted to it by the queried contact
point under paragraph 5 of Article 4 immediately after
determining whether or not to request further information
pursuant to Article 5.
3.
Each Party may use the result of automated querying
solely for the purpose of determining whether or not torequest further information pursuant to Article 5.
4.
The queried contact point shall, in accordance withthe laws and regulations of its country, retain information
contained in the written notification referred to inparagraph 1 of Article 5.
5.
(1) Each Party may, consistent with paragraph 8 ofthis Article, use the information provided under Article 5,for the following purposes in addition to the purpose
notified under paragraph 1 of Article 5:(a)investigation of serious crime;(b)

prevention of a serious threat to its public
security; or(c)immigration-related purposes.

(2) If a Party deems it necessary to use theinformation for a purpose other than that described inparagraph 1 of Article 5 and subparagraph (1) above, it may
make a written request to the other Party for prior consent
to such use, by specifying the purpose of such use.
6.
Each Party may use the result referred to in Article 7
solely in order to review the implementation of thisAgreement.

57.
Neither Party shall release the information provided
to it under Articles 4 through 7, to any third State,international body, or private entity or person without theprior written consent of the other Party. The first
sentence of this paragraph shall not be interpreted toaffect the Parties’ obligations under the laws andregulations of their respective countries, if any, todisclose the information provided under this Agreement.
8.
In providing information pursuant to Articles 5 and 6,
each Party may, in particular cases, impose conditions on
the use of the information by the other Party. If theother Party accepts the information, it shall be bound by
the conditions.
9.
The Parties shall, in accordance with the laws andregulations of their respective countries, conduct
processing of provided information fairly and retain theinformation provided under Article 5 only so long asnecessary for the purpose referred to in paragraph 1 of
Article 5 or the purpose for which it is used in accordancewith paragraph 5 of this Article.
Article 9
Protection and Security of Information
The Parties shall ensure that organizational,
technical, and other necessary measures, such as the use of
appropriate technology and encryption where appropriate,
are taken to protect the information provided under thisAgreement, including to prevent unauthorized use of oraccess to such information, subject to the laws andregulations of their respective countries.
Article 10
Correction, Deletion, or Non-Disclosureof Certain Information
1.
Each Party shall notify the other Party if it becomesaware that material information which it has provided tothe other Party or it has received from the other Party
under this Agreement is incorrect or unreliable.
2.
When either Party is notified by the other Party orotherwise becomes aware that material information which it
has received from the other Party under this Agreement isincorrect or unreliable, it shall take appropriate measures
such as correction, deletion, or non-disclosure of theinformation.

6

Article 11
Record1.
Each Party shall maintain a record of the provisionand receipt of information communicated between the Parties
under this Agreement. This record shall serve to enableeach Party to:(1) ensure effective monitoring of protection of theinformation in accordance with this Agreement and the laws
and regulations of its country;(2) effectively carry out the provisions of paragraph
6 of Article 4, and Articles 7 and 10; and(3) ensure the security of the information inaccordance with this Agreement and the laws and regulationsof its country.
2.

The record shall include:(1) the types of information which the Party has
provided or received;
and

(2)

the date and time of the provision or receipt;(3) identification of the authority conducting, at
the time of the automated querying, the prevention,
detection, or investigation of the serious crime.
3.
The record shall be protected with suitable measuresagainst inappropriate use and shall be maintained for atleast two years. After the term of maintenance, each Party
shall delete the record immediately, unless it isinconsistent with the laws and regulations of its country.
Article 12
Expenses
Each Party shall bear its own expenses incurred infulfilling its respective obligations under this Agreement,such as installation, operation, and maintenance of its
automated fingerprint identification system and theexecution of a request made by the other Party, subject tothe availability of appropriated funds.

7

Article 13
General Provisions
1.
Nothing in this Agreement shall prevent either Party
from requesting information from or providing information
to the other Party in accordance with other applicableinternational agreements to which both of the Parties orboth of their countries are parties, or pursuant to thelaws and regulations of its country.
2.
Nothing in this Agreement shall be construed toauthorize either Party to query, request, or use
information under this Agreement where such query, request,
or use relates to the prevention, detection, orinvestigation of an act considered a political offense bythat Party consistent with its international obligations.
3.
This Agreement shall not give rise to or affect rights
or obligations on the part of any private person, including
to obtain, suppress, or exclude any evidence, or to impede
the sharing of information.
Article 14
Consultations
1.
The Parties shall hold consultations for the purposeof facilitating the implementation of this Agreement.
2.
The Parties shall, if necessary, hold consultations on
any matter that may arise in the interpretation orapplication of this Agreement.
Article 15
Entry into Force, Amendments, and Termination
1.
This Agreement shall enter into force on the thirtieth
day after the date on which the Parties exchange diplomatic
notes informing each other that their respective internal
procedures necessary to give effect to this Agreement havebeen completed.
2.
The provisions of this Agreement shall apply to any
query, request, or provision of information on or after thedate upon which this Agreement enters into force, whether
the relevant acts were committed before, on, or after thatdate.
3.
Either Party may request consultation with the otherParty for the purpose of amending this Agreement. This
Agreement, including Annexes I and II, may be amended by
written agreement of the Parties.

8

4.
Either Party may terminate this Agreement at any timeby giving three months written notice to the other Party.
5.
Notwithstanding the termination of this Agreement, allinformation provided under this Agreement shall continue tobe protected in accordance with the provisions of thisAgreement.
IN WITNESS WHEREOF, the undersigned, being duly
authorized by their respective Governments, have signed
this Agreement.
Done at Tokyo on February 7, 2014, in duplicate, in
the Japanese and English languages, both texts being
equally authentic.

FOR THE GOVERNMENT OF
JAPAN:FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA:

三ツ矢憲生
古屋圭司

Caroline Kennedy

9ANNEX I

Conduct constituting offenses falling under categories
listed in this Annex, as well as attempt, conspiracy,
assistance, solicitation, preparation for, or participationin, the commission of any of such offenses, only when
criminalized, and which are punishable by death, life
imprisonment, or deprivation of liberty for a maximum
period of more than one year are within the scope of thisAgreement as “serious crime.”
1.

terrorism or terrorism-related offenses

2.

torture3.

murder or manslaughter

4.

assault with intent to cause serious injury, including
permanent maiming or disfigurement, or resulting insuch injuries

5.

racketeering, extortion, or blackmail6.

bribery or corruption

7.

embezzlement

8.

felony/grand theft

9.

burglary

10.

perjury or subornation of perjury

11.

trafficking in or smuggling of human beings

12.

sexual exploitation of children or child pornographyrelated offenses

13.

illicit trafficking in, distribution of, or possession
with intent to distribute narcotics, marijuana, orother controlled substance14.

illicit trafficking in firearms, munitions,
explosives, or other weapons or firearms-related
offenses15.

fraud or offenses involving fraudulent conduct16.

tax-related offenses

10

17.

laundering of the proceeds of crime

18.

counterfeiting currency

19.

computer-related crime20.

intellectual property offenses or counterfeiting or
piracy of products

21.

identity theft or data privacy violations, including
unlawful access to databases

22.

environmental crime, including illicit trafficking inendangered animal species, endangered plant species,or their varieties

23.

facilitation of unauthorized entry or residence or
improper entry by aliens

24.

illicit trade in human organs or tissue

25.

kidnapping, illegal restraint, or hostage-taking

26.

robbery27.

illicit trafficking in cultural goods, including
antiques and works of art

28.

forgery, including that of administrative documents
such as passports and travel documents or means of
payment

29.

illicit trafficking in or use of or unlawful
possession of biological, chemical, nuclear, orradioactive materials

30.

trafficking in stolen or counterfeit goods, or stolenor fraudulent documents, including passports andtravel documents, or means of payment

31.

rape or other serious sexual assaults

32.

arson

33.

unlawful seizure of aircraft or ships or piracy on thehigh seas

34.

sabotage

11

ANNEX II

1.
The Government of Japan shall make available to theGovernment of the United States of America:(1) the fingerprint data of individuals in thefollowing categories that have been collected from theindividuals and are held in its national system for
automated fingerprint identification used for the
purpose of preventing, detecting, and investigating
serious crime, when an automated query indicates thatit relates to an identified individual:(a)

individuals who have been convicted and sentenced
by a final judgment;(b)adults who have been arrested and, for the caserelevant to the arrest, who have:

(c)

(i)

been prosecuted but not received a final
judgment;(ii)

received a disposition of non-prosecution
pursuant to Article 248 of the Japanese Codeof Criminal Procedure (Law No. 131 of 1948),
as may be amended, and have not beenprosecuted; or(iii)neither been prosecuted nor received adisposition of non-prosecution, except incases determined to be a petty crime orfinally subjected to non-criminal
proceedings relating to minors; andadults for whom a request of arrest has been
circulated among police authorities in Japan.

(2) the fingerprint data that have been collectedfrom individuals and are held in its national system
for automated fingerprint identification used for the
purpose referred to in subparagraph (1) of paragraph 1of this Annex II, when an automated query indicatesthat it relates to an unidentified individual.
2.
The Government of the United States of America shallmake available to the Government of Japan the fingerprint
data that are held in its national system for automatedfingerprint identification used for the purpose referred toin subparagraph (1) of paragraph 1 of this Annex II,
including but not limited to the fingerprint data of
individuals in the following categories:

12

(1)

individuals who have been convicted;(2)

adults who have been arrested;(3) adults for whom a warrant of arrest has been
issued; and(4)known and suspected terrorists.

13