TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-304

________________________________________________________________________

DEFENSE

Research and Development

Agreement Between the

UNITED STATES OF AMERICA

and JAPAN

Effected by Exchange of Notes at 

Tokyo March 4, 2014 
 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: Research and Development

 

Agreement effected by exchange of notes at 

 Tokyo March 4, 2014;

 Entered into force March 4, 2014.
No.OOBO 

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 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, consistently with the 

principle that economic stability is essential to international peace and 

security, 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 on 

High-Speed Multi-Hull Vessel Optimization (hereinafter referred to as "the 

Program"), taking into account the exchange of information undertaken in 

accordance with the Memorandum of Understanding between the Ministry 

of Defense of Japan and the Department of Defense of the United States 

of America concerning projects for cooperative research, signed on 

February 17, 2010 (hereinafter referred to as "the Memorandum of 

Understanding of 201 0"), made under the Exchange of Notes of the same 

date between the Government of Japan and the Government of the United 

States of America concerning a program for the cooperative research on 

Image Gyro for Airborne Applications and concerning the formulation of 

additional programs for cooperation research under the MDA Agreement. 

The following is the understanding of the Government of Japan regarding 

the results of the above-mentioned discussions: 

His Excellency 

Fumio Kishida, 

Minister for Foreign Affairs of Japan 

DIPLOMA TIC NOTE 
-2-

1. In accordance with the detailed implementing arrangements to be 

made under paragraph 4, the Government of Japan and the 

~overnr~ent of the United States of America will mutually provide 

~nformatron, equipment, and materials which are necessary to 

rmplement the Program, subject to the laws and regulations of each 

country. The two Governments will 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 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 understa·nding, representatives of 

the competent authorities of the two Governments will make detailed 

implementing arrangements that will be applied to the Program. The 

detailed implementing arrangements will consist of the Memorandum 

of Understanding of 2010 and a project arrangement. For such 

arrangements, the competent authority of the Government of Japan 

will be the Ministry of Defense, and 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 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. 
-3-

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

assurance of my highest consideration." 

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. 

Embassy of the United States of America 

Tokyo, March 4, 2014 
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Translation 

Tokyo, March 4, 2014 

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"), which provides, inter 

alia, that each Government, consistently with the principle 

that economic stability is essential to international peace 

and security, 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 on High-Speed Multi-Hull Vessel 

Optimization (hereinafter referred to as "the Program"), 

taking into account the exchange of information undertaken 

in accordance with the Memorandum of Understanding between 

the Ministry of Defense of Japan and the Department 

of Defense of the United States of America concerning 

projects for cooperative research, signed on February 17, 

2010 (hereinafter referred to as "the Memorandum of 

Understanding of 2010"), made under the Exchange of Notes 

of the same date between the Government of Japan and the 

Government of the United States of America concerning a program for the cooperative research on Image Gyro for 

Airborne Applications and concerning the formulation of 

additional programs for cooperation research under the 

MDA Agreement. The following is the understanding of the 

Government of Japan regarding the results of the abovementioned discussions: 

Her Excellency 

Ms. Caroline Kennedy 

Ambassador Extraordinary 

and Plenipotentiary 

of the United States of America 
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, subject 

to the laws and regulations of each country. The two 

Governments will 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 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 arrangements 

that will be applied to the Program. The detailed 

implementing arrangements will consist of the Memorandum 

of Understanding of 2010 and a project arrangement. For 

such arrangements, the competent authority of the 

Government of Japan will be the Ministry of Defense, and 

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 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. 

Fumio Kishida 

Minister for Foreign Affairs 

of Japan