TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13047 

________________________________________________________________________ 

DEFENSE 

Shallow Water Acoustic Technology 

 (SWAT) Program 

 Agreement Between the 

UNITED STATES OF AMERICA 

and JAPAN 

Effected by Exchange of Notes 

Signed at Tokyo June 18, 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: Shallow Water Acoustic Technology 

 (SWAT) Program 

Agreement effected by exchange of notes 

Signed at Tokyo June 18, 1999; 

Entered into force June 18, 1999. 
Translation

Tokyo, June 18, 1999

Sir,

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 of Shallow Water Acoustic

Technology (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 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. 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 and universities of the

United States of America to the extent necessary.

Mr. Christopher J. LaFleur

Chargé d'Affaires ad interim

of the United States of America
2

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.

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 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 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.

Masahiko Koumura

Minister for Foreign Affairs

of Japan
EMBASSY OF THE

UNITED STATES OF AMERICA

No. 277

Excellency,

I have the honor to acknowledge the receipt of Your Excellency's

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

"Sir,

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 of Shallow Water

Acoustic Technology (hereinafter referred to as "the

Program"). The following is the understanding of the

Government of Japan regarding the results of the abovementioned discussions:

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.

His Excellency

Masahiko Koumura,

Minister for Foreign Affairs

of Japan.
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 and universities 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. 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 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 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."

2
3

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.

Christopher J. LaFleur

Chargé d'Affaires ad interim

Embassy of the United States of America

Tokyo, June 18, 1999.