Agreement Between the Government of the United States of America and the Government of Japan on Cooperation in the Field of Environmental Protection, Washington, 1975

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The Government of the United States of America and the Government of Japan,

Believing that cooperation between the two Governments is of mutual advantage in coping with similar problems of environmental protection in each country and is essential in meeting the responsibilities of each Government for the protection and improvement of the global environment, and

Desiring to strengthen further such cooperation and to demonstrate its importance,

Have agreed as follows:

ARTICLE 1

The two Governments will maintain and promote cooperation in the field of environmental protection on the basis of equality, reciprocity, and mutual benefit. Such cooperation may take the following forms:

(a) Meetings of various forms, particularly those of working-level experts to explore, discuss, and exchange information on technical and operational aspects of specific subjects and to identify projects which may be usefully undertaken on a cooperative basis;

(b) Visits and exchanges of scientists, technicians, or other experts on specific or general subjects;

(c) Implementation of agreed cooperative projects; and

(d) Exchange of information and data on research and development activities, policies, practices, legislation and regulations, and analysis of operating programs.

ARTICLE 2

A Joint Planning and Coordination Committee will be established to discuss major environmental policy issues, to coordinate and review activities and accomplishments under this Agreement, and to make necessary recommendations to the two Governments with regard to the implementation of this Agreement. The Committee will meet, at the level of ministers where appropriate, as a rule once a year alternately in the United States of America and Japan.

ARTICLE 3

Cooperation may be undertaken in mutually agreed areas pertaining to environmental protection and improvement, such as:

(a) Pollution abatement and control, which comprise: air pollution control, including control of emissions from mobile and stationary sources; water pollution control, including municipal and industrial waste-water treatment; marine pollution control; agricultural runoff and pesticide control; solid waste management and resource recovery; control and disposal of toxic substances; noise abatement; studies on health, biological, and genetic effects of environmental degradation; and

(b) Other areas of environmental protection and improvement as may be agreed.

ARTICLE 4

Implementing arrangements specifying the details and procedures of cooperative activities in the areas referred to in Article 3 will be made between the appropriate agencies of the two Governments.

ARTICLE 5

The two Governments reaffirm that the recommendations of international organizations to which both countries are parties will be taken into account in formulating their respective environmental policies.

ARTICLE 6

1. Scientific and technological information of a nonproprietary nature arising from the cooperative activities under this Agreement may be made available to the public by either Government through customary channels and in accordance with the normal procedures of the participating agencies.

2. The disposition of patents, designs, and other industrial property arising from the cooperative activities under this Agreement will be provided for in the implementing arrangements referred to in Article 4. ARTICLE 7

Nothing in this Agreement shall be construed to prejudice other arrangements or future arrangements for cooperation between the two Governments.

ARTICLE 8

Activities under this Agreement shall be subject to budgetary appropriations and to the applicable laws and regulations of each country.

ARTICLE 9

The termination of this Agreement shall not affect the completion of any project and program undertaken in accordance with the implementing arrangements referred to in Article 4 and not fully executed at the time of the termination of this Agreement.

ARTICLE 10

1. This Agreement shall enter into force upon signature and remain in force for five years.

However, either Government may at any time give notice to the other Government of its intention to terminate this Agreement, in which case this Agreement will terminate six months after such notice has been given.

2. This Agreement may be extended by mutual agreement for a further specified period.

DONE at Washington, on August 5, 1975, in duplicate, in the English and Japanese languages, both being equally authentic.

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA: Henry A. Kissinger

FOR THE GOVERNMENT OF JAPAN: Kiichi Miyazawa

The representatives of the Government of the United States of America and of the Government of Japan wish to record the following agreement reached during the negotiations for the Agreement between the Government of the United States of America and the Government of Japan on Cooperation in the Field of Environmental Protection, signed today:

It is agreed that, in implementing the provisions of Article 5 of the above-mentioned Agreement, the two Governments reaffirm that the ‘Guiding Principles concerning International Economic Aspects of Environmental Policies’ adopted in 1972 and reaffirmed in 1974 by the Council of the Organization for Economic Cooperation and Development, and any Guiding Principle or implementing recommendations amendatory or supplementary thereto, will continue to serve as a basis for the formulation of their respective environmental policies.

Washington, August 5, 1975

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA: Henry A. Kissinger

FOR THE GOVERNMENT OF JAPAN: Kiichi Miyazawa