"The World and Japan" Database (Project Leader: TANAKA Akihiko)
Database of Japanese Politics and International Relations
National Graduate Institute for Policy Studies (GRIPS); Institute for Advanced Studies on Asia (IASA), The University of Tokyo

[Title] TRADE AGREEMENT BETWEEN JAPAN AND THE UNITED STATES OF AMERICA

[Place] Washington DC
[Date] December 13 2019
[Source] Ministry of Foreign Affairs of Japan
[Notes]
[Full text]

Japan and the United States of America ("the Parties") have agreed as follows:

Article 1

For the purposes of this Agreement:

(a)"customs duty" means any duty or charge of any kind imposed on or in connection with the importation of a good, and any surtax or surcharge imposed in connection with such importation, but does not include any:

(i) charge equivalent to an internal tax imposed consistently with paragraph 2 of Article III of the GATT 1994;

(ii) fee or other charge in connection with the importation commensurate with the cost of services rendered; or

(iii) antidumping or countervailing duty;

(b) "existing" means in effect on the date of entry into force of this Agreement;

(c) "GATT 1994" means the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement;

(d) "originating" means qualifying as originating in accordance with Annex I, with respect to Japan, or Annex II, with respect to the United States;

(e) "WTO" means the World Trade Organization; and

(f) "WTO Agreement" means the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh on April 15, 1994.

Article 2

Each Party affirms its existing rights and obligations with respect to the other Party under the WTO Agreement and other agreements to which both Parties are party.

Article 3

Article XX of the GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis.

Article 4

Nothing in this Agreement shall be construed to:

(a) require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests; or

(b) preclude a Party from applying measures that it considers necessary for the fulfilment of its obligations with respect to the maintenance or restoration of international peace or security, or the protection of its own essential security interests.

Article 5

1. Further to the existing commitments by each Party under the WTO Agreement, unless otherwise provided for in this Agreement, each Party shall improve market access in accordance with Annex I or Annex II.

2. Nothing in this Agreement affects the existing rights and obligations of the Parties under Article XIX of the GATT 1994 and the Agreement on Safeguards in Annex 1A to the WTO Agreement.

3. Nothing in this Agreement shall be construed to prevent a Party from taking action, including maintaining or increasing a customs duty, that is authorized by the Dispute Settlement Body of the WTO.

Article 6

No later than 30 days after a request by either Party, the Parties shall enter into consultations regarding any matter that might affect the operation or interpretation of this Agreement, with a view to arriving at a mutually satisfactory resolution of the matter within 60 days.

Article 7

The Annexes to this Agreement shall constitute an integral part of this Agreement.

Article 8

The Parties may agree, in writing, to amend this Agreement. An amendment shall enter into force 30 days after the date on which the Parties have notified each other in writing of the approval of the amendment in accordance with their respective applicable legal procedures, or on such other date as the Parties may decide.

Article 9

This Agreement shall enter into force 30 days after the date on which the Parties have notified each other in writing of the completion of their respective applicable legal procedures, or on such other date as the Parties may decide.

Article 10

Either Party may terminate this Agreement by providing written notice of termination to the other Party. The termination shall take effect four months after the date on which a Party has provided that written notice to the other Party, or on such other date as the Parties may decide.

Article 11

The Japanese and English texts of this Agreement shall be equally authentic, except for Annex II, which shall be authentic only in English.

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

DONE in duplicate at Washington, District of Columbia, this seventh day of October, 2019 in the Japanese and English languages.

For Japan:

杉山晋輔

For the United States of America:

Robert E. Lighthizer