View Treaty - E104960

Exchange of Notes Between the Government of Canada and the Government of Japan Constituting an Agreement Allowing the Government of Japan to Contribute Logistic Support, Supplies and Services to the Armed Forces of Canada

E104960

I

The Minister for Foreign Affairs of Japan to the Ambassador of Canada

(Translation)

TOKYO, March 28, 2003

His Excellency Mr. Robert G. Wright
Ambassador Extraordinary and Plenipotentiary of Canada

Excellency,

I have the honour to refer to Japan's Law Regarding Special Measures Concerning Measures Taken by Japan in Support of the Activities of Foreign Countries Aiming to Achieve the Purposes of the Charter of the United Nations in Response to the Terrorist Attacks Which Took Place on 11 September 2001 in the United States of America and Subsequent Threats as well as concerning Humanitarian Measures Based on Relevant Resolutions of the United Nations or Requests made by International Bodies (Law No. 113 of 2001, hereinafter referred to as "the Law") which provides, inter alia, that the Government of Japan may contribute to the armed forces or other similar entities of foreign countries supplies and services in the field of logistic support as a cooperation and support activity (hereinafter referred to as "logistic support, supplies and services"), and to refer also to the discussions which have taken place between our two Governments concerning the logistic support, supplies and services contributed to the armed forces or other similar entities of Canada in accordance with the Law. I have further the honour to propose on behalf of the Government of Japan the following arrangements as a result of those discussions:

1. The use of logistic support, supplies and services contributed to and accepted by the armed forces or other similar entities of Canada in accordance with the Law shall be consistent with the Charter of the United Nations.
2. The logistic support, supplies and services contributed to and accepted by the armed forces or other similar entities of Canada in accordance with the Law shall not be transferred, either temporarily or permanently, by any means to persons outside of the armed forces or other similar entities of Canada, without the prior consent of the Government of Japan.
3. Paragraphs 1 and 2 above shall apply, mutatis mutandis, to logistic support, supplies and services that are once contributed to and accepted by the armed forces or other similar entities of any third country in accordance with the Law and then are transferred to the armed forces or other similar entities of Canada with the prior consent of the Government of Japan.

I have further the honour to propose that, if the proposals set out above are acceptable to the Government of Canada, this Note and Your Excellency's reply to that effect on behalf of the Government of Canada shall be regarded as constituting an agreement between our two Governments in this matter, which shall come into force on the date of Your Excellency's reply.

I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.

Yoriko Kawaguchi
Minister for Foreign Affairs of Japan

II

The Ambassador of Canada to the Minister for Foreign Affairs of Japan

TOKYO, March 28, 2003

Her Excellency Yoriko Kawaguchi
Minister for Foreign Affairs of Japan
Tokyo
Japan

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's Note of today's date concerning the discussions which have taken place between our two Governments concerning the logistic support, supplies and services contributed to the armed forces or other similar entities of Canada, which reads as follows:

"I have the honour to refer to Japan's Law Regarding Special Measures Concerning Measures Taken by Japan in Support of the Activities of Foreign Countries Aiming to Achieve the Purposes of the Charter of the United Nations in Response to the Terrorist Attacks Which Took Place on 11 September 2001 in the United States of America and Subsequent Threats as well as concerning Humanitarian Measures Based on Relevant Resolutions of the United Nations or Requests made by International Bodies (Law No. 113 of 2001, hereinafter referred to as "the Law") which provides, inter alia, that the Government of Japan may contribute to the armed forces or other similar entities of foreign countries supplies and services in the field of logistic support as a cooperation and support activity (hereinafter referred to as "logistic support, supplies and services"), and to refer also to the discussions which have taken place between our two Governments concerning the logistic support, supplies and services contributed to the armed forces or other similar entities of Canada in accordance with the Law. I have further the honour to propose on behalf of the Government of Japan the following arrangements as a result of those discussions:

1. The use of logistic support, supplies and services contributed to and accepted by the armed forces or other similar entities of Canada in accordance with the Law shall be consistent with the Charter of the United Nations.
2. The logistic support, supplies and services contributed to and accepted by the armed forces or other similar entities of Canada in accordance with the Law shall not be transferred, either temporarily or permanently, by any means to persons outside of the armed forces or other similar entities of Canada, without the prior consent of the Government of Japan.
3. Paragraphs 1 and 2 above shall apply, mutatis mutandis, to logistic support, supplies and services that are once contributed to and accepted by the armed forces or other similar entities of any third country in accordance with the Law and then are transferred to the armed forces or other similar entities of Canada with the prior consent of the Government of Japan.

I have further the honour to propose that, if the proposals set out above are acceptable to the Government of Canada, this Note and Your Excellency's reply to that effect on behalf of the Government of Canada shall be regarded as constituting an agreement between our two Governments in this matter, which shall come into force on the date of Your Excellency's reply."

I have further the honour to confirm on behalf of the Government of Canada that the proposals set out in Your Excellency's Note are acceptable to the Government of Canada and that Your Excellency's Note and this reply, which is equally authentic in English and French, shall be regarded as constituting an agreement between our two Governments which will come into force today.

I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.

Robert G. Wright
Ambassador