US-Japan Security Cooperation: Implications for Greater Science and Technology Collaboration Robin “Sak” Sakoda Armitage International, L.C. 2300 Clarendon Blvd, Suite 601 Arlington, Virginia 22201-3392 sak.sakoda@armitageinternational.com May 25, 2006

Constraints and Limitations Constitution of Japan (Peace Constitution), 1947 Relevant Section: Article IX See: http://www.sangiin.go.jp/eng/law/index.htm

CHAPTER II: Renunciation of War Article IX, Paragraph 1 Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes.

CHAPTER II: Renunciation of War Article IX, Paragraph 2 In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized.

Constraints and Limitations (continued) Policy Three Non-Nuclear Principles Sato Cabinet, 1967, http://www.mofa.go.jp/policy/un/disarmament/nnp/index.html Three Principles on Arms Exports http://www.mofa.go.jp/policy/un/disarmament/policy/index.html Prohibition on Collective Self-Defense

Collective Self-Defense UN Charter Chapter VII, Article 51: Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations . . . See: http://www.un.org/aboutun/charter/chapter7.htm

Government of Japan Defense Policy to Defense Planning National Defense Program Outline 1976, 1995, 2004 Strategy/Force Budget/Programs Bilateral Defense Cooperation 1978 and 1997

Milestones and Turning Points Japan-US Security Treaty, January 1960 http://www.mofa.go.jp/region/n-america/us/q&a/ref/1.html Article V Each Party recognizes that an armed attack against either Party in the territories under the administration of Japan would be dangerous to its own peace and safety and declares that it would act to meet the common danger in accordance with its constitutional provisions and processes. Any such armed attack and all measures taken as a result thereof shall be immediately reported to the Security Council of the United Nations in accordance with the provisions of Article 51 of the Charter. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security.

Milestones and Turning Points (cont.) Statement of Chief Cabinet Secretary on Transfer of Military Technologies to the United States, January 14, 1983, http://www.mofa.go.jp/region/n-america/us/q&a/ref/9.html#link Agreement Concerning Japanese Participation in Research for the Strategic Defense Initiative, 1987 No document on web, see: “Guidelines for Increase of U.S. -Japanese Defense Technology Cooperation” by Gregg A. Rubinstein, Heritage Foundation, Asian Studies Backgrounder #70, October 26, 1987, http://www.heritage.org/Research/AsiaandthePacific/asb70.cfm U.S.-Japan Bilateral Study on Ballistic Missile Defense, October 1994 No document on web, see: “Japan-U.S. Cooperation on Ballistic Missile Defense: Issues and Prospects.” By Richard Cronin, Congressional Research Service, March 19, 2002, http://fpc.state.gov/documents/organization/9186.pdf

Milestones and Turning Points (cont.) Japan-US Joint Declaration on Security Alliance for the 21st Century, April 17, 1996, http://www.mofa.go.jp/region/n-america/us/security/security.html The SACO Final Report, December 2, 1996 http://www.mofa.go.jp/region/n-america/us/security/96saco1.html Joint Statement US-Japan Security Consultative Committee: Completion of the Review of the Guidelines for U.S.-Japan Defense Cooperation, September 1997 http://www.mofa.go.jp/region/n-america/us/security/defense.html Report to Congress on Theater Missile Defense (TMD) Architecture Options for the Asia-Pacific Region, 1999 http://www.defenselink.mil/pubs/tmd050499.pdf

Milestones and Turning Points (cont.) Statement by the Chief Cabinet Secretary on the New National Defense Program Outline, December 1995 http://www.mofa.go.jp/announce/announce/archive_2/d_program.html Chief Cabinet Secretary Statement on Ballistic Missile Defense (BMD), December 2003 http://www.kantei.go.jp/foreign/tyokan/2003/1219danwa_e.html Chief Cabinet Secretary Statement on National Defense Program Guideline (NDPG), December 2004 http://www.kantei.go.jp/foreign/tyokan/2004/1210statement_e.html National Defense Program Guidelines, December 2004 http://www.jda.go.jp/e/policy/f_work/taikou05/fy20050101.pdf

Japan – US Alliance US-Japan Security Consultative Committee (SCC) The United States and Japan: Advancing Toward a Mature Partnership (Armitage Report), October 2000 http://www.ndu.edu/inss/strforum/SR_01/SR_Japan.htm US-Japan Security Consultative Committee (SCC) http://www.mofa.go.jp/region/n-america/us/security/scc/index.html

Japan-US Alliance Joint Statement of the U.S.-Japan Security Consultative Committee, February 19, 2005 http://www.state.gov/r/pa/prs/ps/2005/42490.htm United States-Japan Roadmap for Realignment Implementation, May 1, 2006 http://www.mofa.go.jp/region/n-america/us/security/scc/doc0605.html

New Defense Program Guidelines (NDPG) - December 2004 We will incorporate the outcome of science and technological progress, in such areas as information and communications technologies, into our defense forces. In particular, we will develop the command and control systems and agile intelligence sharing systems that are indispensable for joint operation, in tune with information and communication technologies available at home and overseas. In addition, we will create advanced systems for command and communications and a network for information and communications, with sufficient protection against possible cyber attacks, to enhance operational and organizational efficiency. See: http://www.jda.go.jp/e/policy/f_work/taikou05/fy20050101.pdf

Roadblocks in Alliance US-Japan Industry-to-Industry competition Plan Japan Out

Japan’s Assets and Strengths Second Largest Economy Management Quality Advanced Science & Technology Key US ally in Asia . . . and the globe Defense Requirements – as US ally Command, Control, Computers, Communications, Intelligence, Surveillance, and Reconnaissance (C4ISR)

Things to Do General Security Of Military Information Agreement (GSOMIA) Followed by a bilateral agreement covering the full scope of government Third Party Transfer Arrangement Framework for US-Japan Industry cooperation US to engage Japanese industry