TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13055 

________________________________________________________________________ 

DEFENSE 

 Agreement Between the 

UNITED STATES OF AMERICA 

and JAPAN 

Effected by Exchange of Notes 

Signed at Tokyo August 16, 1999 

 
 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 

Signed at Tokyo August 16, 1999; 

Entered into force August 16, 1999. 
Translation

Tokyo, August 16, 1999

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 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 Ballistic Missile Defense

Technologies (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 made under paragraph 5, 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. The two

Governments shall 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.

His Excellency

Mr. Thomas S. Foley

Ambassador Extraordinary

and Plenipotentiary of

the United States of America
3. The Program will not prejudge in any sense future

policy of the Government of Japan on Ballistic Missile

Defense.

4. 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.

5. In order to implement the present understanding,

representatives of the competent authorities of the two

Governments will make detailed implementing arrangements.

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.

6. 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.

Masahiko Koumura

Minister for Foreign Affairs

of Japan
EMBASSY OF THE

UNITED STATES OF AMERICA

No. 450

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 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 Ballistic Missile Defense Technologies

(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 made under paragraph 5, 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. The two Governments shall jointly bear the

cost necessary for the execution of the Program.

His Excellency

Masahiko Koumura,

Minister for Foreign Affairs

of Japan.
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 Program will not prejudge in any sense future

policy of the Government of Japan on Ballistic Missile

Defense.

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.

5. In order to implement the present understanding,

representatives of the competent authorities of the two

Governments will make detailed implementing arrangements. 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.

6. 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

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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.

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Embassy of the United States of America,

Tokyo, August 16, 1999.