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書簡をもって啓上いたします。本使は、1956年11月23日に署名された特殊核物質の賃貸借に関する日本国政府とアメリカ合衆国政府を代表して行動する合衆国原子力委員会との間の協定に関し、次のとおり申し述べる光栄を有します。
合衆国原子力委員会 ジョン・A・ホール 殿
書簡をもって啓上いたします。本官は、1956年11月23日に署名された特殊核物質の賃貸借に関するアメリカ合衆国政府を代表して行動する合衆国原子力委員会と日本国政府との間の協定に関する本日付の貴下の次の書簡を受領したことを確認いたします。
日本国臨時代理大使 下田 武三 殿
The Government of Japan（hereinafter referred to as the“Lessee”），and the United States Atomic Energy Commission（hereinafter referred to as the“Lessor”），acting on behalf of the Government of the United States of America，with respect to the lease of special nuclear material pursuant to the Agreement for Cooperation between the Government of Japan and the Government of the United States of America Concerning Civil Uses of Atomic Energy，signed November 14，1955，and as it may be amended or superseded，and subject to all of the terms，conditions，provisions，and guaranties contained therein，AGREE AS FOLLOWS： ARTICLE I A．The Lessor agrees to lease to the Lessee and the Lessee agrees to lease from the Lessor，aquantity of enriched uranium not to exceed four（４）kilograms of contained U−235 in uranium enriched to nineteen and one‐half per cent（19・5％）to twenty per cent （20％）to be contained in fuel elements to be prepared in the United States of America by a contractor engaged by the Lessee（hereinafter called the“Contractor”），for use in the operation of a heavy water research reactor manufactured by AMF Atomics，Inc．，to be located at the Japan Atomic Energy Research Institute, Tokai−mura, Naka−gun Ibaragi−ken, Japan, plus, upon request from the Lessee, such additional quantity as, in the opinion of the Lessor, is necessary to permit the effective and continuous operation of the reactor while replaced fuel elements are radioactively cooling in Japan or while fuel elements are in transit, or in the case where any significant amounts of fuel elements are accidentally lost or destroyed, it being the intent of the Lessor to make possible the maximum usefulness of the four (4）kilograms of said material．It is unederstood that the above enrichment specifications shall not necessarily apply to the enrichment of the uranium leased to the Lessee for use in fission chambers for the reactor, and that the Parties may agree, from time to time, as to the enrichment in the isotope U−235 of such uranium. B．The Parties may, subject to the terms of this Agreement, from time to time, by means of exchange of letters, agree as to the date of transfer, quantities to be transferred and schedule of return of such material to the Lessor. C．The Parties agree with regard to such fuel elements that the Lessor shall own all materials produced therein as a result of the use of such fuel elements, which materials shall be subject to the provisions of this Agreement. ARTICLE II A. The Lessor shall make available to the Contractor uranium hexafluoride in accordance With a schedule which may be agreed upon by the Lessor and the Contractor after consultation With the Lessee．Such transfers to the Contractor shall be made at a facility of the Lessor and shall be subject to such terms, charges and conditions, including licenses necessary to receive such material and to perform such work in the United States of America, as are required of the Contractor by the Lessor. B. Except as provided in C below, the enrichment in the isotope U−235 of the uranium contained in each fuel element prepared by the Contractor shall, for the purposes of this Agreement, be the enrichment of the uranium Which the Contractor received from the Lessor for the fabrication of the fuel element．The quantity of enriched uranium contained in each fuel element shall be as determined by the Contractor and concurred in by the Lessor after any review or analysis which the Lessor deems appropriate．The Lessee shall require the Contractor to identify each fuel element and to provide the Lessor with a certification of the Contractor’s determination of the quantity of enriched uranium in each such fuel element and, unless the procedure set forth in C below is followed, the isotopic content thereof. C. If the Lessee, after making appropriate arrangements With the Contractor, so requests, the enrichment in the isotope U−235 contained in each fuel element may be determined by one of the follwing organizations, unless otherwise agreed by the Lessor and the Lessee：
The Parties shall agree upon a point in the process of preparation of the fuel elements by the Contractor at which samples will be taken for analysis in the United States of America by one of the above analysts. The cost of such analysis shall be borne by the Lessee. D. Upon completion of the preparation of the fuel elements for the reactor by the Contractor and the establishment of the quantity and enrichment in the isotope U−235 of uranium contained in such fuel elements, the Lessee Shall arrange for a contractor, subject to all license requirements of the Lessor, to deliver such fuel elements to a port of embarkation in the United States of America to be designated by the Lessor after cousultation with the Leesse. The Lessee shall give the Lessor at least thirty（30）days notice prior to the date the Lessee wishes to export such fuel elements unless the Parties agree upon another notice period. The Lessor Shall perform those actions necessary to effect transfer and export of such fuel elements to the Lessee at such designated port. Costs of shipping, including cost of containers and necessary packaging for domestic and overseas shipment of such fuel elements from the Contractor to the Lessee and any costs of storing such fuel elements, as Well as all arrangements for physical handling in connection with delivery to the Lessee, shall be the responsibility of the Lessee and not the Lessor. E. Acceptance by the Lessee at the point of export of the enriched uranium contained in the fuel elements shall be evidenced by appropriate receipt; thereafter the Lessee shall assume full responsibility for safekeeping of such enriched uranium in accordance with the provisions of the aforesaid Agreement for Cooperation, for safeguarding against hazards to health and safety and for all loss or destruction of such enriched uranium, however caused. ARTICLE III After appropriate radioactive cooling, and under appropriate safeguards against hazards to health and safety, acceptable to the Lessor, the Lessee, at its expense, Shall deliver at a port of entry in the United States of America to be designated by the Lessor, after consultation with the Lessee, irradiated fuel elements in accordance with a schedule which may be agreed upon by the Lessor and the Lessee in accordance With Article I B. The Lessor shall thereupon perform those actions necessary for the import of such fuel elements. Thereafter, the Lessee shall, unless otherwise agreed upon by the Parties, arrange at its expense for a contractor to transport such fuel elements to the reprocessing facilities or other facilities designated by the Lessor. If the Lessor determines as provided in Article IV A(2）(b）that the cost of reprocessing the fuel elements exceeds the value of recoverable special nuclear material therein, and the Lessor and the Lessee agree not to reprocess such fuel elements, the Lessor shall receive the fuel elements for stprage or other appropriate disposition. The Lessor shall receive shch fuel elements for reprocessing except as provided in Article IV(2）(b）, Or make appropriate financial settlement with the Lessee；but if the Lessor determines not to accept such fuel elements for reprocessing at its own facilities, other facilities acceptable to the Lessor being available, the Lessee, at its own expense, Shall arrange for reprocessing of such fuel elements at Such other facilities, into Plutonium metal and uranium hexafluoride meeting Lessor’s specifications or such other form as may be agreed upon. Any contractor of the Lessee forwarding or accepting for reprocessing such fuel elements Shall be subject to such terms, charges and conditions, including licenses necessary to receive such material and to perform such work in the United States of America as required of such contractor by the Lessor. ARTICLE IV A. For the lease of enriched uranium contained in fuel elements prepared by the Contractor, the Lessee shall pay to the Lessor, in United States currency, a Sum equal to the charges set forth herein at the time or times indicated:
B. For the purposes of this Article, the value of the enriched uranium contained in each fuel element transferred to the Lessee shall be determined in accordance with the schedule of values of uranium of various enrichments in the isotope U−235 established by the Lessor and in effect at the time each such fuel element is transferred to the Lessee. The value of the enriched uranium recoverable from each fuel element returned to the Lessor’s reprocessing plant or an acceptable reprocessing facility, as the case may be, Shall be determined in accordance with the schedule of values which was applied to the enriched uranium contained in each such fuel element when it was transferred to the Lessee. Where the enrichment of the uranium contained in the fuel element transferred or recoverable from the fuel element returned falls between two successive enrichments on such schedule, the value for the specific enrichment shall be determined by linear interpolation between them. The value of the plutonium recoverable from fuel elements returned to the Lessor shall be the value as fuel established by the Lessor for such material and in effect at the time each such fuel element containing plutonium is delivered to the Lessor's reprocessing facility or an acceptable facility, as the case may be. C. The charges hereunder shall be payable as follows:
ARTICLE V The Lessee shall indemnify and save harmless the Government of the United States of America and the Lessor against any and all liabilities （including third party liability）for any cause whatsoever arising out of the production, precaration, ownership, lease, or the possession and use of the enriched uranium contained in fuel elements leased hereunder, or other materials produced therein, after transfer of such enriched uranium by the Lessor to the Lessee. After fuel elements are returned to the United States of America and imported as provided in Article III, the provisions of the preceding sentence Shall not be applicable to liabilities of the United States of America or the Lessor for any injury, loss, or damage which may occur from the above causes in the United States of America with regard to such fuel elements. ARTICLE VI It is understood that, in accordance with the laws of the Government of the United States of America, no Member of or Delegate to the Congress of the United States of America, or Resident Commissioner of the United States of America shall be admitted to or share any part of this Agreement or any benefit that may arise therefrom. ARTICLE VII On the purposes of this Agreement, the term“fuel element”includes rods, plates and fission chambers. ARTICLE VIII On the date of receipt by the Lessor of a letter from the Lessee stating that Japan has approved this Agreement in accordance with its legal procedures, this Agreement shall enter into force and shall remain in force until the Agreement for Cooperation between the Government of Japan and the Government of the United States of America Concerning Civil Uses of Atomic Energy, signed November 14, 1955, and as it may be amended or superseded, eXpires or is terminated. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed pursuant to duly constituted authority. DONE at Washington, in duplicate, in the Japanese and English languages, this eighth day of May, 1957.
FOR THE UNITED STATES ATOMIC
My dear Mr. Hall： I have the honor to refer to the Second Agreement of Lease of Special Nuclear Material between the Government of Japan and the United States Atomic Energy Commission Acting on Behalf of the Government of the United States of America, which was signed today, and to state the following understandings which have been reached during our negotiations leading to the conclusion of the Agreement: 1. Article I B of the Agreement contemplates that the Government of Japan （hereinafter referred to as the Lessee）and the United States Atomic Energy Commission（hereinafter referred to as the Lessor）may agree as to the date of transfer and return of material to be leased to the Lessee. It is understood that in establishing such schedules of delivery and return, the Lessee may return such material at any time prior to September 30, 1960, notwithstanding any such agreed schedule. In any event, the Lessee shall return such material on September 30, 1960, or upon the termination of the Agreement, whichever first occurs. 2. At the time of transfer of uranium hexafluoride from the Lessor to the Contractor engaged by the Lessee in accordance with Article II A of the Agreement, the Lessor shall state to the Contractor the enrichment and purity of the uranium hexafluoride transferred and shall furnish a copy of such statement to the Lessee. If the quantity, enrichment and purity of the uranium hexafluoride transferred to such Contractor does not conform to the specifications contained in the contract between such Contractor and the Lessor, the responsibility and liability of the Government of the United States of America shall be solely limited to the Lessor, upon return of such uranium hexafluoride, making reasonable efforts to transfer material, at a Lessor's facility, which does conform to such specifications and reimbursing the Contractor for the reasonable costs of packaging and transportation incurred by the Contractor in returning to the Lessor any such material which does not conform to such specifications. 3. With reference to the provisions of Article III and Article IV A（２）(b）of the Agreement, it is the understanding of the Lessee that the Lessor, in determining whether the cost of reprocessing of returned fuel elements exceeds the value of recoverable material therein, shall furnish the Lessee with the total estimated cost of reprocessing and breakdown thereof by major items. 4. With respect to Article VI of the Agreement, it is understood that this Article is not intended to mean that the Lessee shall, without its consent, be subject to the jurisdiction of the courts of the Government of the United States of America. It would be greatly appreciated, if you would be good enough to confirm the above understandings.
Charge d'Affaires ad interim of Japan Mr. John A. Hall, United States Atomic Energy Commission,
May 8, 1957. My dear Mr. Shimoda： I refer to your letter dated today, in connection with the Second Agreement of Lease of Special Nuclear Material between the United States Atomic Energy Commission Acting on Behalf of the Government of the United States of America and the Government of Japan, which was signed today, in which you set forth your understandings on certain matters, as follows： 1. ･･･････････････ 2. ･･･････････････ 3. ･･･････････････ 4. ･･･････････････ I would like to take this opportunity to confirm our understanding of the matters set forth above.
Mr. Takeso Shimoda, Charged’Affaires ad interim of Japan,
EXCHANGE OF NOTES CONCERNING EXCEPTION TO ARTICLE I OF THE May 8, 1957 My dear Mr. Hall: With reference to the Agreement of Lease of Special Nuclear Material between the Government of Japan and the United States Atomic Energy Commission Acting on Behalf of the Government of the United States of America, Which was signed on November 23, 1956, I have the honor to state as follows:
I have further the honor to propose that this letter together with your letter in reply confirming the above understanding should be regarded as constituting an agreement in this matter, which shall come into force on the date the Government of Japan informs the United States Commission that necessary legal procedures have been completed in Japan for giving effect to such agreement. Sincerely yours, Takeso Shimoda Charged’Affaires ad interim Mr. John A. Hall, United States Atomic Energy Commission,
May 8, 1957 My dear Mr. Shimoda: I acknowledge receipt of your letter dated today, in connection with the Agreement of Lease of Special Nuclear Material between the United States Atomic Energy Commission Acting on Behalf of the Government of the United States of America and the Government of Japan, Which was signed on November 23, 1956, Which reads as follows:
I would like to take this opportunity to confirm the above understanding on behalf of my Commission. Accordingly, your letter and this reply shall be regarded as constituting an agreement in this matter, whcih Shall come into force on the date the Government of Japan informs the United States Commission that necessary legal procedures have been completed in Japan for giving effect to such agreement. Sincerely yours, John A. Hall Mr. Takeso Shimoda, Charged’Affaires ad interim of Japan,
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