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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12802

DEFENSE 

Eyesafe Laser Radar

Agreement Between the 

UNITED STATES OF AMERICA

and JAPAN

Effected by Exchange of Notes 

Signed at Washington September 20, 1996
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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.’’

For sale by the Superintendent of Documents, U.S. Government Printing Office, 

Washington, D.C. 20402
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(1) TIAS 12802

JAPAN 

Defense: Eyesafe Laser Radar 

Agreement effected by exchange of notes 

Signed at Washington September 20, 1996; 

Entered into force September 20, 1996.
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TIAS 12802

The Japanese Ambassador to the Secretary of State
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TIAS 12802
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TIAS 12802
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TIAS 12802

1TIAS 2957; 5 UST 661.

Translation

Washington, September 20, 1996

Excellency,

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"),1 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 concluding such detailed arrangements as mentioned above concerning a program for 

the cooperative research of Eyesafe Laser Radar (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 concluded 

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. Two Governments shall jointly 

bear the cost necessary for the execution of the Program.

2. The Program will be undertaken with the participation of the industries of 

Japan and the industries of the United States of America.

His Excellency 

Warren M. Christopher 

The Secretary of State 

of the United States of America
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TIAS 12802

1TIAS 3585; 7 UST 1021.

3. The present understanding will be implemented in accordance with the MDA 

Agreement and arrangements concluded 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, 1956.1

4. The detailed implementing arrangements to implement the present understanding will be concluded between representatives of the competent authorities 

of the two Governments. 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 concluded 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 

Excellency’s reply of acceptance shall be regarded as constituting an agreement 

between the two Governments which shall enter into force on the date of Your 

Excellency’s 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.

Kunihiko Saito

Ambassador Extraordinary

and Plenipotentiary of Japan

to the United States of America
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TIAS 12802

DEPARTMENT OF STATE 

WASHINGTON

September 20, 1996

Excellency: 

I have the honor to acknowledge the receipt of Your Excellency’s note of 

today’s date, which reads as follows:

[For translation of the Japanese note, see pp. 5-6.]

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 receipt of the notice of termination by either government.

I avail myself of this opportunity to renew to Your Excellency the assurance 

of my highest consideration.

For the Secretary of State:

Martha C. Harris

His Excellency

Kunihiko Saito,

Ambassador of Japan.