AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND JAPAN CONCERNING THE TRUST TERRITORY OF THE PACIFIC ISLANDS (with Exchange of Notes)

(Tokyo, 18 April 1969)

ENTRY INTO FORCE : 07 JULY 1969

THE UNITED STATES OF AMERICA AND JAPAN,

DESIROUS of expressing their common sympathy for the suffering caused by the hostilities of the Second World War to the inhabitants of the Pacific Islands formerly under League of Nations Mandate to Japan and now administered by the United States of America under the United Nations Trusteeship System as the Trust Territory of the Pacific Islands,

DESIROUS of making an ex gratia contribution to the welfare of the inhabitants of the Trust Territory,

DESIROUS of concluding a special arrangement, as envisaged in Article 4(a) of the Treaty of Peace with Japan, concerning the disposition of property of Japan and of its nationals in the Trust Territory and their claims, including debts, against the Administering Authority of the Trust Territory and the residents thereof, and the disposition in Japan of property of the Administering Authority and residents of the Trust Territory, and of their claims, including debts, against Japan and its nationals, 

HAVE AGREED AS FOLLOWS:

Article I

1. Japan will make available in grants to the United States of America, in its capacity as Administering Authority of the Trust Territory, one billion and eight hundred million yen ([yen] 1,800,000,000), currently computed at five million United States dollars ($ 5,000,000), for the purchase in Japan by the Administering Authority of the products of Japan and the services of the Japanese people, to be used for the welfare of the inhabitants of the Trust Territory.

2. The provision of these products and services shall, unless otherwise agreed upon by the Government of the United States of America and the Government of Japan, be made over a period of three years from the date on which the Japanese budget for the fiscal year 1970 is approved by the Diet, or the date of the appropriation of funds by the Congress of the United States of America under Article II of this Agreement, whichever date is later. The provision of products and services by Japan shall, subject to detailed arrangements to be concluded pursuant to paragraph 3 of this Article, be made in a reasonably even manner during the period.

3. The Government of the United States of America, as [*3]  Administering Authority, and the Government of Japan shall conclude detailed arrangements for the implementation of this Article.

Article II

The Government of the United States of America shall, subject to the appropriation of funds by the Congress of the United States, establish a fund in the amount of five million United States dollars ($ 5,000,000), aside from its normal budgetary expenditures for the Trust Territory, to be used for the welfare of the inhabitants of the Trust Territory.

Article III

The United States of America, as Administering Authority, and Japan agree that all questions encompassed by Article 4(a) of the Treaty of Peace with Japan n1 concerning the disposition of property of Japan and its nationals in the Trust Territory, and their claims, including debts, against the Administering Authority and the residents of the Trust Territory, and the disposition in Japan of property of the Administering Authority and the residents of the Trust Territory, and their claims, including debts, against Japan and its nationals, are fully and finally settled.

Article IV

This Agreement shall enter into force on the date of receipt by the Government of the United States of America of a note from the Government of Japan stating that Japan has approved the Agreement in accordance with its legal procedures. 

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

DONE at Tokyo, this eighteenth day of April, 1969, in duplicate in the English and Japanese languages, both being equally authentic.[FOREIGN LANGUAGE TEXT OMITTED]

________________________________________________

[Exchanges of Notes]

No. 200   TOKYO, April 18, 1969
EXCELLENCY:

In connection with the Agreement between the United States of America and Japan concerning the Trust Territory of the Pacific Islands, signed today, I have the honor to confirm, on behalf of the Government of the United States of America, its understanding that, in view of the fact that all claims of Japan and its nationals against the United States of America, as Administering Authority, and the residents of the Trust Territory are recognized to have been disposed of, Japan and its nationals are fully and finally discharged from all liability for Micronesian claims falling under Article III of the Agreement, including claims arising out of the involvement of the Trust Territory in the Second World War.

The Government of the United States of America, as Administering Authority, intends to make provision for payment, in whatever form, manner and extent it considers appropriate, and not exceeding the sum corresponding to the total amounts to be contributed by the United States of America and Japan by virtue of the Agreement, of claims of individual Micronesian inhabitants of the Trust Territory referred to in Article III of the Agreement.

I should be grateful if Your Excellency could confirm on behalf of your Government that the understanding contained above is also the understanding of your Government.

I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.[FOREIGN LANGUAGE TEXT OMITTED]

Translation

APRIL 18, 1969.

SIR,

I have the honor to refer to your note of today's date, which reads as follows:

I have further the honor to confirm, on behalf of my Government, that the understanding contained in your note is also the understanding of the Government of Japan.

I avail myself of this opportunity to renew to you the assurance of my high consideration.

No. 201   TOKYO, April 18, 1969

EXCELLENCY:

I have the honor to refer to the Agreement between the United States of America and Japan concerning the Trust Territory of the Pacific Islands, signed today.

Having regard to that Agreement, I wish to confirm that Japanese fishing vessels and their crews will be welcome to call upon the ports of Truk and Palau for the purposes of purchase of supplies and rest and recreation of their crews. Available facilities may also be utilized for medical services for crew members and emergency repair of vessels. Access of Japanese fishing vessels to Truk and Palau shall be subject to requirements of the Administering Authority. Such requirements shall take into appropriate account needs of non-Japanese vessels as well as the capacity of the ports and their developmental possibilities. Access for Japanese fishing vessels shall be accorded from the date on which the Administering Authority may commence purchasing Japanese products and services provided for by the Agreement.

I further wish to confirm that the Administering Authority of the Trust Territory of the Pacific Islands will accord the Government of Japan and its nationals (including juridical persons), for a period of three years from the date on which the Administering Authority may commence purchasing Japanese products and services provided for by the Agreement, the opportunity to salvage and freely dispose of ships sunk in territorial waters of the Trust Territory which were of Japanese nationality at the time of sinking. The Administering Authority is prepared to enter into detailed discussions to this end with your Government.

I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.[FOREIGN LANGUAGE TEXT OMITTED]

Translation

APRIL 18, 1969.

SIR,

I have the honor to acknowledge receipt of your note of today's date, which reads as follows:

I avail myself of this opportunity to renew to you the assurance of my high consideration.

SIGNATORIES:

FOR THE UNITED STATES OF AMERICA

DAVID L OSBORN
[SEAL]	FOR JAPAN

KIICHI AICHI
[SEAL]	

DAVID L. OSBORN
Charge d'Affaires ad interim	
His Excellency
KIICHI AICHI
Ministere for Foreign Affairs	

DAVID L. OSBORN, Esq.,
Charge d'Affaires ad interim of the United States of America, Tokyo	

KIICHI AICHI
Minister for Foreign Affairs of Japan