________________________________________________________________________ 

TREATIES AND OTHER INTERNATIONAL ACTS SERIES 20-1215 

SPACE 

Agreement Between the 

UNITED STATES OF AMERICA 

and JAPAN 

Effected by exchange of notes at 

Tokyo December 15, 2020 

Entered into force December 15, 2020 
 

 

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.” 
December 15 , 2020 

Excellency, 

I have the honor to acknowledge the receipt o f Your 

Excellency's Note of today's date, which reads as follows: 

" I have the honor to refer to the Mutual Defense 

Assistance Agreement Between Japan and t he 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, 

consistent 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. 

I have further the honor to r efer to the 

continuing mutually beneficial relationship between 

the two Governments in the field of peaceful 

expl oration and use of outer space and to recall the 

Guidelines for Japan-U.S. Defense Cooperation 

announced on April 27, 2015, which state the two 

Governments will share information to address emerging 

threats against space systems and will pursue 

opportunities for cooperation in maritime domain 

awareness and in space-related equipment and 

technology that will strengthen capabilities and 

resiliency of the space systems, including hosted 

payloads. 

In this regard, the representatives of the 

Government of Japan and the Government of the United 

States of America have recently hel d discussions for 

the purpose of making such detailed arrangements as 

mentioned above concerning the cooperation between the 

two Governments on hosted payloads (hereinafter 

referred to as "the cooperation"). The following is 

the understanding of the Government of Japan regarding 

the results of the above -mentioned discussions: 

His Excellency 

Toshimitsu Motegi, 

Minister for Foreign Affairs, 

Tokyo, Japan. 

DIPLOMATIC NOTE 
1 . Rep res en tat i ves of the competent authorities 

of the two Governments shall make the detailed 

implementing arrangements concerning the cooperation, 

which shall consist of one or more Memoranda of 

Understanding and any modifications thereto. The 

cooperation shall be implemented in accordance with 

the terms of such detailed implementing arrangements. 

For such detailed implementing arrangements, the 

competent authorities of the Government of Japan shall 

be the Cabinet Office and such other Ministries or 

governmental agencies as may be confirmed through . 

diplomatic channels, and the competent authority of 

the Government of the United States of America shall 

be the Department of Defense. 

2. The present understanding shall 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. 

3. The cooperation shall be conducted in 

accordance with the applicable laws and regulations in 

each country and subject to the availability of 

appropriated funds. 

4. Each Government shall mutually provide the 

other with information, equipment, and materials to 

support the implementation of the cooperation in 

accordance with the laws and regulations in each 

country. Information, equipment, and materials the 

export of which is controlled by either Government 

shall be provided pursuant to the detailed 

implementing arrangements to be made under paragraph 1 

only when properly authorized in advance by relevant 

authorities of each Government. 
5. Claims arising out of or in connection 

with the cooperation against either Government or its 

personnel shall be dealt with in accordance with the 

Agreement under Article VI of the Treaty on Mutual 

Cooperation and Security between Japan and the united 

States of America, Regarding Facilities and Areas and 

the Status of United States Armed Forces in Japan, 

signed at Washington on January 19, i960 (hereinafter 

referred to as "the Status of Forces Agreement") and 

the Agreement between the Government of Japan and the 

Government of the United States of America Concerning 

Cross-Waiver of Liability for Cooperation in the 

Exploration and Use of Space for Peaceful Purposes, 

signed at Washington on April 24, 1995, and the 

Exchange of Notes of the same date between the two 

Governments concerning subrogated claims (hereinafter 

referred to as "the Cross-wai~er Agreement" and "the 

Exchange of Note~ of 1995" respectively). 

Specifically, claims arising out of or in connection 

with the cooperation against either Government or its 

personnel to which the provisions of the Status of 

Forces Agreement apply shall be dealt with in 

accordance with the Status of Forces Agreement. Claims 

arising out of or in connection with the cooperation 

against either Government or its personnel to which 

the provisions of the Status of Forces Agreement and 

the Cross-Waiver Agreement and the Exchange of Notes 

of 1995 apply shall also be dealt with in accordance 

with the Status of Forces Agreement, pursuant to 

Article 4 of the Cross-Waiver Agreement, which 

provides, inter alia, that the cross-waiver set forth 

in Article 3 of the Cross-Waiver Agreement may be 

limited by mutual agreement between the two 

Governments. Claims arising out of or in connection 

with the cooperation against either Government or its 

personnel to which the provisions of the Status of 

Forces Agreement do not apply, but to which the 

provisions of the Cross-Waiver Agreement and the 

Exchange of Notes of 1995 do apply, shall be dealt 

with in ac~ordance with the Cross-waiver Agreement and 

the Exchange of Notes of J..995. Claims arising out of 

or in connection with the cooperation against either 

Government or its personnel to which none of the 

provisions of the Status of Forces Agreement and the 

Cross-Waiver Agreement and the Exchange of Notes of 

1995 apply shall be dealt with in accordance with the 

national laws and regulations of the respective 

countries. 
6. Customs duties and other such charges and 

taxes or similar charges arising out of or in 

connection with the cooperation shall be dealt with in 

accordance with the status of Forces Agreement. 

Customs duties and other such Charges and taxes or 

similar charges arising out of or in connection with 

the cooperation to which the provisions of the Status 

of Forces Agreement do not apply shall be dealt with 

in accordance with the national laws and regulations 

of the respective countries. 

Ihave 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 reply of acceptance shall be regarded as 

constituting an agreement between the two Governments, 

which shall enter into force on the date of your 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 

you the assurance of my high 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 asstirance of my highest consideration. 

Sincerely, 

~~-~ Joseph M. Young 

Charg~ d'Affaires ad interim 

of. the United States of Ameri.ca 
Translation 

Tokyo, December 15, 2020 

Sir: 

I have the honor to refer to the ~utual Defense 

Assistance Agreemertt 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, consistent 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. 

I have further the honor to refer to the continuing 

mutually beneficial relationship between the two 

Governments in the field of peaceful exploration and use of 

outer space and to recall the Guidelines for Japan-U.S. 

Defense. Cooperation announced on April 27, 2015, which 

state the two Governments will share information to address 

emerging threats against space systems and will pursue 

opportunities for cooperation in maritime domain awareness 

and in space-related equipment and technology that will 

strengthen capabilities and resiliency of the space 

systems, including hosted payloads. 

In this regard, 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 

the cooperation between the two Governments on hosted 

payloads (hereinafter referred to as "the cooperation"). 

The following is the understanding of the Government of 

Japan regarding the results of the above-mentioned 

discussions: 

Mr. Joseph M. Young 

Charge d'Affaires ad interim 

of the United States of America 
1. Representatives of the competent authorities of the 

two Governments shall make the detailed implementing 

arrangements concerning the cooperation, which shall 

consist of one or more Memoranda of Understanding and any 

modifications thereto. The cooperation shall be 

implemented in accordance with the terms of such detailed 

implementing arrangements. For such detailed implementing 

arrangements, the competent authorities of the Government 

of Japan shall be the Cabinet Office and such other 

Ministries or governmental agencies as may be confirmed 

through diplomatic channels, and the competent authority of 

the Government of the United States of America shall be the 

Department of Defense. 

2. The present understanding shall 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. 

3. The cooperation shall be conducted in accordance with 

the applicable laws and regulations in each country and 

subject to the availability of appropriated funds. 

4. Each Government shall mutually provide the other with 

information, equipment, and materials to support the 

implementation of the cooperation in accordance with the 

laws and regulations in each country. Information, 

equipment, and materials the export of which is controlled 

by either Government shall be provided pursuant to the 

detailed implementing arrangements to be made under 

paragraph 1 only when properly authorized in advance by 

relevant authorities of each Government. 
5. Claims arising out of or in connection with the 

cooperation against either Government or its personnel 

shall be dealt with in accordance with the Agreement under 

Article VI of the Treaty on Mutual Cooperation and Security 

between Japan and the United States of America, Regarding 

Facilities and Areas and the Status of United States Armed 

Forces in Japan, signed at Washington on January 19, 1960 

(hereinafter referred to as "th_e Status of Forces 

Agreement") and the Agreement between the Government of 

Japan and the Government of the United States of America 

Concerning Cross-Waiver of Liability for Cooperation in the 

Exploration and Use of Space fdr Peaceful Purpbses, signed 

at Washington on April 24, 1995, and the Exchange of Notes 

of the same date between the two Governments concerning 

subrogated clai~s (h~reinafter refe~red to as "the CrossW~ive~ Agreementn and Tithe Exchange of Notes of 1995" 

respectively). Specifically, claims ~rising out of or in 

connection with the e.ooperation :against either Governmen_t 

or its personnel to which the provisions of the Status of 

Forces Agreement apply- shall be dealt with in accordance 

·with the Status of Forces Agreement. Claims arising out of 

or in connection with the cooperation· against either 

Government or its personnel to which the provisions of the 

Status of Forces Agreement and the Cross-Waiver Agreement 

and the Exchange of Notes of 1995 apply shall also be dealt 

with in accordance with the Status of Forces Agreement, 

pursuant to Article 4 of the Cross-~aiver Agreement, which 

provides, inter alia, that the cross-waiver set forth in 

Article 3 of the Cross-Waiver Agre·ement may be limited by 

mutual agreement bet we.en the two ·Governments. Claims 

arising out of or ~n connection ~ith the cooperation 

against either Government or its personnel to which the· 

provisions of the Status of Forces Agreement do not apply, 

but to which the provisions of the Cross-Waiver Agreement· 

and the Exchange of Notes of 1995 do apply, shall be dealt 

with in accordance with the Cross-Waiver Agreement and the 

Exch~nge of Notes of 19g5_ Claim~ arising out of or in 

connection with, t:he cooperation against either Go_vernment 

or· its personnel to which none of· the provisions of the· 

Status · of Forces Agre·ement and the Cross-Waiver Agreement 

and the Exchange of Notes of .1995 apply shall be dealt with 

in accordance with the national laws and regulations of the 

respective countries. 
6. Customs duties and other such charges and taxes or 

similar charges arising out of or in connection with the 

cooperation shall be dealt with in accordance with the 

Status of Forces Agreement. Customs duties and other such 

charges and taxes or similar charges arising out of or in 

connection with the cooperation to which the provisions of 

the Status of Forces Agreement do not apply shall be dealt 

with in accordance with the national laws and regulations 

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 reply of 

acceptance shall be regarded as constituting an agreement 

between the two Governments, which shall enter into force 

bn the date of your 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 you the 

assurance of my high consideration. 

MOTEGI Toshimitsu 

Minister for Foreign Affairs 

of Japan 
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