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DEPARTMENT OF STATE WASHINGTON
October 25, 1994
His Excellency,
Takakazu Kuriyama,
Ambassador of Japan.
Excellency,
I have the honor to refer to the recent
discussions between the representatives of the Government of the United States
of America and of the Government of Japan concerning the cooperation between
the National Aeronautics and Space Administration of the United States of
America (hereinafter referred to as "NASA") and the National Space Development
Agency of Japan (hereinafter referred to as "NASDA") in the Advanced Earth
Observing Satellite (hereinafter referred to as "ADEOS") program, which is to
be undertaken by NASDA as a part of the "Basic Program concerning Space
Development" of the Government of Japan.
In consideration of the continuing mutually beneficial relationship between
the two Governments in the field of peaceful exploration and use of outer
space, and taking into account the Agreement between the Government of
the United States of America and the Government of Japan on Cooperation
in Research and Development in Science and Technology signed on June 20,
1988, as extended, I have further the honor to propose on behalf of the
Government of the United States of America the following arrangements:
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1. |
The cooperation between NASA and NASDA mentioned above will be conducted
in accordance with the terms and conditions of the implementing arrangement
(Memorandum of Understanding) to be agreed between NASA and NASDA, providing
for the flight on ADEOS of certain instruments provided by NASA and for
the exchange of data between NASA and NASDA.
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2. |
The Government of the United States of
America and the Government of Japan shall each waive any of its claims (except
for those claims to which it is subrogated) for compensation against the other
Government in respect of any damage to or loss of its own property (except for
intellectual property), or of injury to or death of its own staff, involved in
the activities of the cooperation in the ADEOS program, only if such damage,
loss, injury, or death is caused by virtue of the said activities but not by
willful misconduct. This paragraph will be superseded by a separate agreement
establishing to the mutual satisfaction of the two Governments a broad
cross-waiver of liability for joint space activities for peaceful purposes, if
such an agreement enters into force between the two Governments.
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3. |
The Government of Japan shall register
ADEOS in accordance with the Convention on the Registration of Objects Launched
into Outer Space, done at New York, January 14, 1975.
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4. |
The Government of the United States of
America and the Government of Japan shall facilitate the transfer of technical
data and goods relating to the cooperation in accordance with the terms of the
implementing arrangement (Memorandum of Understanding) referred to in paragraph
1 above (hereinafter referred to as "the MOU").
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5. |
The present arrangements and the MOU shall
be subject to the applicable laws and regulations of each country. Activities
for the cooperation will be undertaken subject to the availability of
appropriated funds.
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6. |
The Government of the United States of
America and the Government of Japan will consult with each other on any matter
that may arise from or in connection with the present arrangements with a view
to finding a mutually acceptable solution, if consultative mechanisms provided
for in the MOU fail to achieve resolution of the matter.
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7. |
The present arrangements shall remain in
force for five years, unless terminated by either Government on six months'
written notice through diplomatic channels. It may be extended or amended by
mutual written agreement of the two Governments.
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I have further the honor to propose that, if
the foregoing arrangements are acceptable to the Government of Japan, this Note
and Your Excellency's Note in reply shall constitute an agreement between the
two Governments, which shall enter into force on the date of Your Excellency's
reply.
Accept, Excellency, the renewed assurances of
my highest consideration.
For the Secretary of State:
EMBASSY
OF JAPAN
WASHINGTON,
D.C.
Washington, October 25, 1994
His Excellency
Warren M. Christopher
The Secretary of State
Excellency,
I have the honor to acknowledge the receipt of
Your Excellency's Note of today's date which reads as follows:
"I have the honor to refer to the recent
discussions between the representative of the Government of the United States
of America and of the Government of Japan concerning the cooperation between
the National Aeronautics and Space Administration of the United States of
America (hereinafter referred to as "NASA") and the National Space Development
Agency of Japan (hereinafter referred to as "NASDA") in the Advanced Earth
Observing Satellite (hereinafter referred to as "ADEOS") program, which is to
be undertaken by NASDA as a part of the "Basic Program concerning Space
Development" of the Government of Japan.
In consideration of the continuing mutually
beneficial relationship between the two Governments in the field of peaceful
exploration and use of outer space, and taking into account the Agreement
between the Government of the United States of America and the Government of
Japan on Cooperation in Research and Development in Science and Technology
signed on June 20, 1988, as extended, I have further the honor to propose on
behalf of the Government of the United States of America the following
arrangements:
|
1. |
The cooperation between NASA and NASDA
mentioned above will be conducted in accordance with the terms and conditions
of the implementing arrangement (Memorandum of Understanding) to be agreed
between NASA and NASDA, providing for the flight on ADEOS of certain
instruments provided by NASA and for the exchange of data between NASA and
NASDA.
|
|
2. |
The Government of the United States of
America and the Government of Japan shall each waive any of its claims (except
for those claims to which it is subrogated) for compensation against the other
Government in respect of any damage to or loss of its own property (except for
intellectual property), or of injury to or death of its own staff, involved in
the activities of the cooperation in the ADEOS program, only if such damage,
loss, injury, or death is caused by virtue of the said activities but not by
willful misconduct. This paragraph will be superseded by a separate agreement establishing
to the mutual satisfaction of the two Governments a broad cross-waiver of
liability for joint space activities for peaceful purposes, if such an
agreement enters into force between the two Governments.
|
|
3. |
The Government of Japan shall register
ADEOS in accordance with the Convention on the Registration of Objects Launched
into Outer Space, done at New York, January 14, 1975.2
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|
4. |
The Government of the United States of
America and the Government of Japan shall facilitate the transfer of technical
data and goods relating to the cooperation in accordance with the terms of the
implementing arrangement (Memorandum of Understanding) referred to in paragraph
1 above (hereinafter referred to as "the MOU").
|
|
5. |
The present arrangements and the MOU shall
be subject to the applicable laws and regulations of each country. Activities
for the cooperation will be undertaken subject to the availability of
appropriated funds.
|
|
6. |
The Government of the United States of
America and the Government of Japan will consult with each other on any matter
that may arise from or in connection with the present arrangements with a view
to finding a mutually acceptable solution, if consultative mechanisms provided
for in the MOU fail to achieve resolution of the matter.
|
|
7. |
The present arrangements shall remain in
force for five years, unless terminated by either Government on six months'
written notice through diplomatic channels. It may be extended or amended by
mutual written agreement of the two Governments.
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I have further the honor to propose that, if
the foregoing arrangements are acceptable to the Government of Japan, this Note
and Your Excellency's Note in reply shall constitute an agreement between the
two Governments, which will enter into force on the date of Your Excellency's
reply."
I have further the honor to confirm on behalf
of the Government of Japan that the foregoing arrangements are acceptable to
the Government of Japan and to agree that Your Excellency's Note and this Note
in reply shall constitute an agreement between the two Governments, which will
enter into force on the date of this reply.
Accept, Excellency, the renewed assurances of
my highest consideration.
For the Ambassador Extraordinary and
Plenipotentiary of Japan
2 TIAS
8480, 28 UST 695, 1023 UNTS 15
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