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.