(8)
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The exchange of notes in concerning the Cooperation
Space Exploitation between USA and Japan of 1969(Proclaimed July
31, 1969)
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(Japanese Note)
Excellency,
I have the honour to refer to recent
conversations between the representatives of the Government of Japan and the
Government of the United States of America concerning cooperation between the
two countries in space activities for peaceful purposes. The understanding of
my Government of the results of these conversations is as follows:
(1)
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The United States Government undertakes, in
accordance with United States laws and administrative procedures, to permit
United States industry to provide to the Japanese Government or to Japanese
industry under contract with the Japanese Government, unclassified technology
and equipment listed in the attachment to this Note for the development of
Japanese Q and N launch vehicles and communications and other satellites for
peaceful applications.
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(2)
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The Japanese Government undertakes (a) to
ensure that any technology or equipment transferred to Japan under paragraph
(1) above will be used solely for peaceful purposes; (b) to take all
available steps in accordance with Japanese laws, regulations and
administrative procedures to prevent transfer to third countries of such
technology and equipment, and any launch vehicles and communications or other
satellites, and components, parts, accessories and attachments thereof
manufactured by use of such technology or equipment except by mutual
agreement between the two Governments; and (c) to use communication
satellites developed or launched with United States cooperation compatibly with
the objectives and purposes of INTELSAT arrangements as they exist or evolve.
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I have the honour to propose that the present
Note and your Note in reply confirming the foregoing understandings on behalf
of the Government of the United States shall constitute an Agreement which
shall enter into force on the date of your Note.
I avail myself of this opportunity to renew to
your Excellency the assurance of my highest consideration.
ATTACHMENT TO U.S./JAPANESE AGREEMENT
CONCERNING THE PROVISION BY U.S. INDUSTRY OF CERTAIN CATEGORIES OF UNCLASSIFIED
TECHNOLOGY AND EQUIPMENT FOR THE DEVELOPMENT OF JAPANESE Q AND N LAUNCH
VEHICLES AND COMMUNICATIONS AND OTHER SATELLITES FOR PEACEFUL APPLICATIONS
TECHNOLOGY AND EQUIPMENT
A.
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The technology and equipment referred to in
this agreement include that software and hardware pertaining to communications
and other satellites for peaceful applications, and to Q and N launch
vehicles technology, and to associated ground support technology related
directly to, and necessary for, placing satellites in geo-stationary orbit.
Software is understood to comprise
information concerning program management, systems engineering and design,
testing and manufacture. Hardware is understood to comprise components,
parts, accessories, attachments and associated equipment.
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B.
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This Agreement will cover unclassified
technology and equipment up to the level of the Thor-Delta vehicle systems,
exclusive of reentry and related technology.
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C.
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In exceptional cases, the United States may
license the export of hardware rather than export of design, development or
production information.
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D.
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United States supplying companies will be
responsible for filing application for all United States export licenses
required. To facilitate the provision of United States technology and
equipment, it is understood that each export license application under this
program will include a statement by the Japanese Government as to whether the
technology or equipment requested is (i) directly for a specified Japanese Government
agency or (ii) for a Japanese company which is acting pursuant to a Japanese
Government contract.
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E.
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The Japanese Government, as referred to in
paragraph (1) of the Agreement and in subparagraphs D (i) and (ii) of the
Attachment, is understood to include the Space Development Corporation, a
public corporation which will come into operation in October, 1969.
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(U.S. Note)
Excellency,
A have the honor to acknowledge receipt of
Your Excellency's Note of today's date reading as follows:
"(Japanese Note)"
In reply, I have the honor to confirm on
behalf of the United States Government that the foregoing also represents the
understanding of my Government. It is the understanding of the United States
Government that this Agreement enters into force as of the date of this Note.
I avail myself of this opportunity to renew to
Your Excellency the assurance of my highest consiemration.
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