일, 비 배상 협정(1956. 5. 9)
전문 : 대일 평화조약의 규정에 의하여 배상 협정을 체결
제1조 : (배상 지불 약속)
(1) 일본인의 역무와 자본재 형태의 일본의 생산물
(2) 총액 550,000,000 미불과 동등한 엔화(198,000,000,000엔)
(3) 이하 규정하는 기한과 방법으로
제 2조 : (지불 기간과 연액)
(1) 최초 10년간
연액 25,000,000 미불(9,000,000,000엔)
(2) 그 후 10년간
연액 30,000,000 미불(10,800,000,000엔)
(3) (2)의 기간은 양국 정부 합의로 단축 가능
제3조
1항
(1) 생산물과 용역은 비.정부가 요청하고 양 정부가 합의하는 것
(2) 부속서에 계기한 사업에 필요한 것
(3) 부속서에 없어도 비.정부가 요청하고 양 정부가 합의하는 것
2항
(1) 생산물은 자본재
(2) 비. 정부가 요청하고 양정부가 합의하면 자본재 이외의 생산물도 가.
제4조
1항. 연차 실시 계획 (양 정부 협의로 역무와 생산물 내용 결정)
2항. 제 1차 년도 실시 계획은 협정 효력 발생 후 60일 이내에 작성
제 2차 년도 이후는 연도 개시 이전에 작성.
제 5조
1항. 사절단이 일본국민 또는 그 지배하에 있는 일본법인과 직접 계약 체결
2항.
(1) 계약은 (가) 협정의 규정, (나) 양 정부가 협정 이행을 위하여 작성한 규정 및 (나)연도 실시 계획에 부합되어야 한다.
(2) 일본국 정부가 사전에 부합 여부를 검토
(3) 일정은 계약 효력 발생 익 일에 그 사본을 접수
(4) 검토에 통과하지 못한 계약은 위원회에 회부하여 그 건의에 따라 처리
(5) 권고는 계약 사본 접수 후 30일 이내에
(6) 본 항에 의하여 체결된 계약은 “배상계약”이라고 부른다.
3항. 배상 계약에 관한 분규는 양 정부가 정하는 절차에 따라 상사 중재위원회에 회부
4항. 배상 계약 이외의 생산물 및 역무의 제공은 양국간 합의로.
제6조
1항. 배상 의무 이행에 따른 일본 정부의 지불은 제11조의 규정에 따라 일본 엔화로.
2항. 전항의 지불로서 역무 또는 생산물의 제공이 이루어졌으며, 또한 일본의 배상의무가 그만큼 이행된 것으로 한다.
제7조
1항. 사절단의 설치(계약 체결을 포함한 협정 이행에 관한 비정부의 유일의 대행 기관)
2항. 사절단 임무 수행에 필요한 사무실(양국 정부 합의에 의하여 동경또는 기타 장소에)
3항.
(1) 사절단의 사무실의 구내 및 기록의 불가침
(2) 사절단의 부동산에 대한 부동산 소득세 및 재산세의 면제
(3) 사절단 업무 수행에 따르는 소득에 대한 면세
(4) 공용을 위한 수입 재산에 대한 관세 및 기타 과징금의 면제
4항. 일본정부의 행정 지원(업무에 필요한 것, 타외교공관에 대한 것과 동등하게)
5항. 외교특권과 면제의 부여 (비율빈인인 단장, 상급직원 2명, 사무소장에 대하여 필요하면 양 정부 합의로서 그 수를 증가)
6항. 비거주 사절단 직원(비인) 보수에 대한 면세 및 자용재산 수입에 있어서의 관세 및 과징금의 면제
7항
(1) 분쟁의 최종 해결(일본 법정에서)
(2) 사절단의 법무부장이 소송당사자 (필요 소송 수속상 목적을 위하여서만)
(3) 단 소송비용 담보 제공 의무는 면제
(4) 관할 재판소의 최종 판결은 사절단을 구속
8항. 사절단 소유 및 사용하는 토지 건물 및 동산의 강제 집행 불가.
제8조
1항. 침몰 선박조사 및 인양에 관한 역무의 포함.
2항. 협정 발효 이후 제공분은 협정에 의거
제9조
1항. 협정 이행에 필요한 조치의 강구(양 정부)
2항.
(1) 기획에 필요하나 실시 계획에 없는 자재, 수품 및 시설은 비정부가 부담.
(2) 일본인의 노무 불사용 (단 일본 기술자의 역무는 제외)
(3) (2)에 필요한 경비 (현지 통화)는 비정부 부담.
3항. 협정상 필요로 비국에 체제하는 일인에 대한 필요한 편의의 제공
4항. 협정 시행에 따른 일인의 소득에 대한 비국내에서의 면세
5항. 제공된 생산물의 재수출 금지
제10조
공동위원회(양국 대표, 협의와 권고)
제 11조
세목 규정은 양 정부 협의를 통하여 합의
제12조
1항. 분쟁 없도록 항상 협의 노력
2항.
(1) 협정해석 및 실시에 관한 분쟁은 1차적으로 외교경로를 통하여 해결.
(2) (1)이 실패하면 3인 중재위원회에 회부 (위원 : 각국 1명씩과 각국 위원이 합의하는 제3국인 위원)
(3) 각국위원은 30일 이내에 임명, 제 3국 위원은 그 후 30일 이내 임명
(4) (3)의 기간내에 임명안되면 국제사법 재판소장에게 임명 의뢰
(5) 본항에 의한 판결은 양국을 구속
제13조
비준 및 효력 발생
제14조
용어 (영어 및 일어)
May 9, 1956
REPARATIONS AGREEMENT
BETWEEN
JAPANAND THE REPUBLIC OF THE PHILIPPINES
May 9, 1956
JOINT STATEMENT
On the occasion of the signinig of the Reparations Agreementbetween Japanand the Republic of the Philippines, the plenipotentiaries of the two countries made the following joint statement on behalf their respective Governments :
We expect that the conclusion of this agreement and the eventual ratification by the Republic of the Philippines of the Peace Treaty with Japan, signed at San Franciscoon September 8, 1951, will pave the way for the restoration of normal relations between the two countries and for the promotion of those relations on the basis of friendship, mutual respect and common understanding.
With the resumption of normal relations, the two countries expect to be able to devote their attention to matters of common interest, such as the development of trade on a balanced basis. For this purpose, the two countries look forward to the early initiation of negotiations for a treaty of friendship, commerce and navigation as well as such revision of the present Trade and Financial Agreementsas may be necessary.
We believe that with the normalization of their relations with each other, our two countries will be able to contribute more effectively to the promotion and preservation of peace in this part of the world.
MESSAGE SENT TO VICE-PRESIDENT GARCIA BY FOREIGN MINISTER SHIGEMITSU
His Excellency Carlos Garcia
Vice-President and Secretary of Foreign Affairs
The Republic of the Philippines
Manila
The signing of the Reparations Agreementtoday is a matter of mutual congratulation to Japanand the Philippines. I rejoice at the satisfactory solution of the long-pending issues which heralds the dawn of a new epoch of friendship and cooperation between our two nations. On this suspicious occasion I send to you and through you to the government and people of your great Republic the sincere felicitations of the government and people of Japan.
Mamoru Shigemitsu
Minister for Foreign Affairs
Japan
REPARATIONS AGREEMENT BETWEEN JAPAN AND THE REPUBLIC OF THE PHILIPPINES
Japanand the Republic of the Philippines,
Desiring to act in line with the provisions of the Treaty of Peace with Japansigned at the city of San Franciscoon September 8, 1951,
Have decided to conclude the present Reparations Agreementand have accordingly appointed as their Plenipotentiaries:
Japan:
Tatsunosuke Takasaki, Minister of State
Takizo Matsumoto, Deputy Director of Cabinet Secretariat
Mikio Mizuta, Member, House of Representatives
Aiichiro Fujiyama
Mamoru Nagano
The Republic of the Philippines:
Felino Neri, Ambassador
Jose P. Laurel, Senator
Francisco Delgado, Senator
Lorenzo M. Tanada, Senator
Gil J. Puyat, Senator and Acting Presiding Officer, National Economic Council
Arturo M. Tolentino, Member, House of Representatives
Miguel Cuenco, Member, House of Representatives
Cornelio T. Villareal, Member, House of Representatives
Miguel Cuaderno, Sr., Governor, Central Bank of the Philippines
Caesar Z. Lanuza, Director of National Planning
Eduardo Quintero, Minister-Counselor
Alfonso Calalang
Francisco Ortigas, Jr.
Vicente Fabella
Who, having communicated to each other their full powers found to be in due form, have agreed upon the following Articles :
ARTICLE 1
Japan, by way of reparations, shall supply the Republic of the Philippineswith the services of the Japanese people and the products of Japanin the form of capital goods, the total value of which will be so much in yen as shall be equivalent to five hundred fifty million United Statesdollars ($550,000,000) at present computed at one hundred ninety-eight billion yen (Y198,000,000,000), whith in the period and in the manner hereinafter prescribed.
ARTICLE 2
The supply of the services and products referred to in the preceding Article shall be made on an annual average of so much in yen as shall be equivalent to twenty-five million United Statesdollars($25,000,000) at present computed at nine billion yen(Y9,000,000,000), during the ten-year period from the date of coming into force of the present Agreement ; and on an annual average of so much in yen as shall be equivalent to thirty million United Statesdollars($30,000,000) at present computed at ten billion eight hundred million yen (Y10,800,000,000), during the succeeding ten-year period. However, by agreement between the two Governments, this latter period may be reduced to a period shorter than ten years, provided the outstanding balance is settled in full within the remainder of the reduced period.
ARTICLE 3
1. The services and products to be supplied by way of reparations shall be those requested by the Government of the Republic of the Philippinesand agreed upon between the two Governments. These services and products shall consist of such items as may be needed for projects to be chosen from among those enumerated in the Annex to the present Agreement, provided that such items as may be requested by the Government of the Republic of the Philippinesfor projects other than those listed in the aforesaid Annex may, by agreement between the two Governments, be included in the services and products to be supplied by way of reparations.
2. The products to be supplied by way of reparations shall be capital goods. However, products other than capital goods may, by agreement between the two Governments, be supplied by Japanat the request of the Government of the Republic of the Philippines,
ARTICLE 4
1. The two Governments shall fix through consultations an annual schedule (hereinafter referred to as the "Schedule") specifying the services and products to by supplied by Japaneach year.
2. The Schedule for the first year shall be fixed within sixty days from the date of the coming into force of the present Agreement. The Schedule for each succeeding year shall, until the reparations obligation specified in Article 1 above shall have been fulfilled, be fixed prior to the beginning of that year.
ARTICLE 5
1. Japanagrees that the Missionmentioned in Article 7, paragraph 1 of the present. Agreement shall have the authority to conclude, in behalf of the Government of the Republic of the Philippines: contracts directly with any Japanese national or any Japanese juridical person controlled by Japanese nationals, in order to have the services and products supplied in accordance with the Schedule for each year.
2. Every such contract (including modifications thereof) shall conform with (a) the provisions of the present Agreement, (b) the provisions of such arrangements as may be made by the two Governments for the implementation of the present Agreement and (c) the Schedule then applicable. Every proposed contract shall, before it is entered into, be verified by the Government of Japanas to the conformity of the same with the above-mentioned criteria. The Government of shall receive a copy of each contract from the Missionon the day following the date such contract is entered into. In case any proposed contract can not be entered into due to non-vertification, such proposed contract shall be referred to the Joint Committeementioned in Article 10 of the present Agreement and acted upon in accordance with the recommendation of the Joint Committee. Such recommendation shall be made within a period of thirty days following the receipt of the proposed contract by the Joint Committee. A contract which has been concluded in the manner hereinabove provided, shall hereinafter be referred to as a "Reparations Contract."
3. Every Reparations Contractshall contain a provision to the effect that disputes arising out of or in connection with such Contract shall, at the request of either party thereto, be referred for settlement to an arbitration board of commerce in accordance with such arrangement as may be made between the two Governments.
4. Notwithstanding the provisions of paragraph 1 above, the supply of services and products as reparations may be made without Reparations Contracts, but only by agreement in each case between the two Governments.
ARTICLE 6
1. In the discharge of the reparations obligation under Article 1 of the present Agreement, the Government of Japanshall, through procedures to be determined under Article 11, make payments to cover the obligations incurred by the Missionunder Reparations Contractsand the expenses for the supply of services and products referred to in Article 5, paragraph 4 of the present Agreement. These payments shall be made in Japanese yen.
2. By and upon making a payment in yen under the preceding paragraph, Japanshall be deemed to have supplied the Republic of the Philippineswith the services and products thus paid for and shall be released from its reparations obligation to the xtent of the equivalent value in United Statesdollars of such yen payment in accordance with Article 1 and 2 of the present Agreement.
ARTICLE 7
1. Japanagrees to the establishment in Japan of a Mission of the Government of the Republic of the Philippines(hereinafter referred to as "the Mission") as its sole and exclusive agent to be charged with the implementation of the present Agreement, including the conclusion and performance of Reparations Contracts.
2. Such office or offices of the Mission in Japanas are necessary for the effective performance of its functions and used exclusively for that purpose may be established at Tokyoand / or other places to be agreed upon between the two Governments.
3. The premises of the office or offices, including the archives, of the Mission in Japanshall be inviolable. The Mission shall be entitled to use cipher. The real estate which is owned by the Missionand used directly for the performance of its functions shall be exempt from the Tax on Acquisition of Real Property and the Property Tax. The income of the Missionwhich may be derived from the performance of its functions shall be exempt from taxation in Japan. The property imported for the official use of the Missionshall be exempt from customs duties and any other charges imposed on or in connection with importation.
4. The Missionshall be accorded such administrative assistance by the Government of Japanas other foreign missions usually enjoy and as may be required for the effective performance of its functions.
5. The Chief and two senior officials of the Missionas well as the chiefs of such offices as may be established in pursuance of paragraph 2 above, who are nationals of the Republic of the Philippines, shall be accorded diplomatic privileges and immunities generally recognized under international law and usage. If it is deemed necessary for the effective performance of the functions of the Mission, the number of such senior officials may be increased by agreement between the two Governments.
6. Other members of the staff of the Missionwho ate nationals of the Republic of the Philippinesand who are not ordinarily resident in Japanshall be exempt from taxation in Japanupon emoluments which they may receive in the discharge of their duties, and, in accordance with Japanese laws and regulations, from customs duties and any other charges imposed on or in connection with importation of property for their personal use.
7. In the event any dispute arising out of or in connection with a Reparations Contracthas not been settled by arbitration or the arbitration award rendered has not been complied with, the matter may be taken, as a last resort, to the appropriate Japanese court. In such a case and solely for the purpose of whatever judicial proceedings may be necessary, the person holding the position of Chief of the Legal Section of the Missionmay sue or be sued, and accordingly he may be served with process and other pleadings at his office in the Mission. However, he shall be exempt from the obligation to give security for the costs of legal proceedings. While the Missionenjoys inviolability and immunity as provided for in paragraph 3 and 5 above, the final decision rendered by the appropriate judicial body in such a case will be accepted by the Missionas binding upon it.
8. In the enforcement of any final court decision, the land and buildings, as well as the movable property therein, owned by the Missionand used for the performance of its functions shall in no case be subject to execution.
ARTICLE 8
1. The services which have already been supplied or may hereafter be supplied in accordance with the exchange of notes effected at Manilaon January 24, 1953, in connection with the survey of sunken vessels in Philippineterritorial waters or in accordance with the Interim Agreement on Reparations Concerning Salvage of Sunken Vessels between Japanand the Republic of the Philippinessigned at Manilaon March 12, 1953, shall constitute part of the reparations under Article of the present Agreement.
2. The supply of the above-mentioned services after the coming into force of the present Agreement shall be subject to the provisions of the Agreement.
ARTICLE 9
1. The two Governments shall take measures necessary for the smooth and effective implementation of the present Agreement.
2. Those materials, supplies and equipment which are necessary for the projects mentioned in Article 3 but are not included in the Schedule will be provided by the Government of the Republic of the Philippines. No Japanese labor will be utilized in such projects as may be undertaken in the Philippinesexcept the services of Japanese technicians. The incidental expenses in local currency for such Japanese technicians as well as the expenses for local labor shall be borne by the Government of the Republic of the Philippines.
3. Japanese nationals who may be needed in the Philippinesin connection with the supply of services or products under the present Agreement shall, during the required period of their stay in the Philippines, be accorded such facilities as may be necessary for the performance of their work.
4. With respect to the income derived from the supply of services or products under the present Agreement, Japanese nationals and juridical persons shall be exempt from taxation in the Philippines.
5. The products of Japansupplied under the present Agreement shall not be re-exported from the territories of the Republic of the Philippines.
ARTICLE 10
There shall be established a Joint Committeeto be composed of representatives of the two Governments as an organ of consultation between them, with powers to recommend on matters concerning the implementation of the present Agreement.
ARTICLE 11
Details including procedures for the implementation of the present Agreement shall be agreed upon through consultation between the two Governments.
ARTICLE 12
1. The two Governments shall endeavor, through constant consultation, to preclude the likelihood of disputes arising out of or in connection with the implementation of the present Agreement.
2. Any dispute between the two Governments concerning the interpretation and implementation of the present Agreement shall be settled primarily through diplomatic channels. If the two Governments fail to reach a settlement, the dispute shall be referred for decision to a tribunal of three arbitrators, one to be appointed by each Government and the third to be agreed upon by the two arbitrators so chosen, provided that such third arbitrator shall not be a national of either country. Each Government shall appoint an arbitrator within a period of thirty days from the date of receipt by either Government from the other Government of a note requesting arbitration of the dispute and the third arbitrator shall be agreed upon within a further period of thirty days. If, within the periods respectively referred to, either Government fails to appoint an arbitrator or the third arbitrator, as the case may be. The two Governments agree to abide by any award given under this paragraph.
ARTICLE 13
The present Agreement shall be ratified. The Agreement shall enter into force either on the date of exchange of the instruments of ratification or on the date the Republic of the Philippinesdeposits its instrument of ratification of the Treaty of Peace with Japansigned at the city of San Franciscoon September 8, 1951, in accordance with Article 24 of the said Treaty, whichever date in the later.
ARTICLE 14
The present Agreement is written in the Japanese and English languages, both being equally authentic.
IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed the present Agreement and have affixed thereunto their seals.
DONE in duplicate at the city of Manila, this ninth day of May of the year one thousand nine hundred and fifty-six, Anno Domini, corresponding to the ninth day of the fifth month of the thirty-first year of Showa; and of the Independence of the Republic of the Philippines, the tenth.
For Japan
(Signed) Tatsunosuke Takasaki
(Signed) Takizo Matsumoto
(Signed) Mikio Mizuta
(Signed) Aiichiro Fujiyama
(Signed) Mamoru Nagano
For the Republic of the Philippines:
(Signed) Felino Neri
(Signed) J. P. Laurel
(Signed) Francisco A. Delgado
(Signed) Gil J. PT
(Signed) Arturo M. Tolentino
(Signed) Miguel Cuenco
(Signed) C. T. Villareal
(Signed) M. Cuaderno
(Signed) Lanuza
(Signed) Francisco Ortigas, Jr.
(Signed) Calalang
(Signed) Eduardo Quintero
(Signed) Vicente Fabella
ANNEX
I. AGRICULTURAL AND FISHERY DEVELOPMENT PROJECTS
1. Irrigation Gates and Pumping Equipment
2. Agricultural Equipment and Machineries
3. Logging Equipment
4. Saw Mill Equipment
5. Fishing Boats
6. Floating Canneries
7. Food Processing Plants
8. Animal Feed Plants
9. Salt Making Plants
10. Coconut Processing Plants
11. Wheat Flour Mills
12. Cassava Flour Mills
13. Rice Mills
14. Ramie and Abaca Decorticating and Degumming Plants
15. Tobacco Processing Plants
16. Baking Powder Plants
17. Sugar Refineries
II. ELECTRIC POWER DEVELOPMENT PROJECTS
1. Hydroelectric Plants
2. Steam Electric Plants
3. Diesel Electric Plants
4. Substation Equipment
5. Transmission and Distribution Lines
III. MINERAL RESOURCES DEVELOPMENT PROJECTS
1. Coal Mining Equipment
2. Iron, Chrome and Manganese Mining Equipment
3. Iron, Chrome and Manganese Beneficiation Plants
4. Copper Mining and Beneficiation Equipment
IV. INDUSTRIAL DEVELOPMENT PROJECTS
1. Alcohol Plants
2. Briquetted Semi-coke Plants
3. Coke Making Plants
4. Charcoal Making Plants
5. Intergrated Iron and Steel Mills
6. Ferro-alloy Plants
7. Sulphur Refinery Plants
8. Copper Smelting and Refining Plants
9. Copper Rolling and Drawing Plants
10. Soda Ash-Caustic Soda Plants
11. Sheet Glass Plants
12. Calcium Carbide Plants
13. Industrial Explosives Plants
14. Munitions Plants
15. Industrial Carbon Plants
16. Portland Cement Plants
17. Industrial Lime Plants
18. Asphalt Plants
19. Cotton Textile Mills
20. Rayon Plants
21. Ramie Plants
22. Pulp and Paper Plants
23. Celluloid Plants
24. Absorbent Cotton Plants
25. Paper Products Plants
26. Building Hardware Plants
27. Wall Board Plants
28. Plywood and Hardwood Plants
29. Light Chemicals Plants
30. Pharmaceuticals Plants
31. Blood Plasma Plants
32. Insecticides Plants
33. Ceramics Plants
34. Paints, Pigments and Varnish Plants
35. Resin Processing Plants
36. Photo Film Plants
37. Synthetic Leather Plants
38. Rubber Goods Plants
39. Rubber Reclaiming Plants
40. Ammonia Plants
41. Various Chemical Fertilizer Plants
42. Fertilizer Mixing-granulating Plants
43. Electrical Manufacturing Plants
44. Agricultural Machinery and Implement Plants
45. Bicycle Plants
46. Sewing Machine Plants
47. Ball and Roller Bearing Plants
48. Cottage Industries Equipment
V. TRANSPORTATION AND COMMUNICATION DEVELOPMENT PROJECTS
1. Railroad Equipment
2. Ocean-going Ships
3. Interisland Vessels
4. Telecommunication Equipment
VI. PUBLIC WORKS PROJECTS
1. Artesian Well Pipes and Equipment
2. Flood Control Gates
3. Water Supply Filters, Pipes and Equipment
4. Public Housing Equipment and Materials
5. Warehousing Equipment and Materials
6. Airfield and Airport Equipment
7. Port Equipment and Facilities
8. Construction Equipment and Materials for Public Buildings
9. Road and Bridge Construction Equipment and Materials
VII. OTHER PROJECTS
1. Education, Health and Social Welfare Facilities
2. Research Laboratory and Equipment
3. Survey and Salvage of Sunken Vessels
4. Coast and Geodetic Survey Equipment
5. Reclamation of Foreshore Land and Swamps
6. Training and Filipino Technicians and Craftsmen in Japan
7. Transportation, Insurance, Packing, Handling and Inspection of Reparations Machineries, Equipment, etc.
(Exchange of Notes concerning $50 million)
Manila, May 9, 1956
Excellency,
I have the honor to refer to Article 1 of the Reparations Agreementbetween the Republic of the Philippinesand Japansigned today and to confirm the understanding between our two Governments that, of such amount in yen as shall be equivalent to five hundred fifty million United Statesdollars($550,000,000) at present computed at one hundred ninety-eight billion yen (Y198,000,000,000) mentioned in said Article, such amount in yen as shall be equivalent to fifty million United Statesdollars($50,000,000) at present computed at eighteen billion yen (Y18,000,000,000) shall be allocated in the following manner :
(1) Such amount in yen as shall be equivalent to twenty million United Statesdollars($20,000,000) at present computed at seven billion two hundred million yen (Y7,200,000,000) for the services of the Japanese people in processing the products of Japan other than those supplied as such under the Reparations Agreementwhich may normally be shipped to the Philippines. These services shall be supplied within five years after the coming into force of the Agreement, each year to such amount in yen as shall be equivalent to four million United Statesdollars ($4,000,000) at present computed at one billion four hundred forty million yen (Y 1,440,000,000). The additional details of this arrangement, acceptable to the Government of the Republic of the Philippines, shall be determined by both Governments upon recommendation of the Joint Committeementioned in Article 10 of the Agreement.
(2) Such amount in yen as shall be equivalent to thirty million United Statesdollars ($30,000,000) at present computed at ten billion eight hundred million yen (Y10,800,000,000) for services other than those mentioned in (1) above, which are supplied under Reparations Contracts. However, this amount may be increased within th total amount of reparations referred to in Article 1 of the Agreement, if such an increase is subsequently found necessary by the Government of the Republic of the Philippinesfor the full and effective utilization of the capital goods to be supplied as reparations.
If the above is also the understanding of your Government, I have the honor to propose that the present note and Your Excellency's reply in confirmation thereof be considered as constituting an agreement between our two Governments to form an integral part of the Agreement.
Accept, Excellency, the assurances of my highest consideration.
(Signed : Felino Neri)
Plenipotentiary of the Republic of the Philippines
His Excellency Tatsunosuke Takasaki, Plenipotentiary of Japan
Manila, May 9, 1956
Excellency,
I have the honor to acknowledge receipt of Your Excellency's note of today's date, which reads as follows :
(Philippine Note)
I have the honor to confirm, on behalf of my Government, that the understanding as stated Your excellency's note is also the understanding of my Government. Accordingly, Your Excellency's note and the present reply shall be considered as constituting an agreement between our two Governments to form an intergral part of the Agreement.
I avail myself of this opportunity to extend to Your Excellency the assurance of my highest consideration.
(Signed : Tatsunosuke Takasaki)
Plenipotentiary of Japan
His Excellency Felino Neri, Plenipotentiary of the Republic of the Philippines.
(EXCHANGE OF NOTES REGARDING ARTICLE 3, PARAGRAPH 1)
Manila May 9, 1956
Excellency,
I have the honor to refer to the Reparations Agreementbetween Japanand the Republic of the Philippinessigned today. The Annex to the Agreement is composed of those projects which were studied by the Technical Conference on Reparations between the Government of Japanand the Government of the Republic of the Philippinesin 1955. Accordingly, it is the understanding of my Government that the studies and findings of the aforesaid conference, including various terms and conditions relative to the supply of items required for the execution of those projects, should be used as reference in the preparation of the annual Schedules mentioned in Article 4, paragraph 1 of the Agreement.
It is also the understanding of my Government that foreign products which are not normally being imported into Japanor which, if supplied by way of reparations, would necessitate additional and specific foreign exchange allocation of a special or exceptional character, will not as a rule be included in the annual Schedules.
I should be grateful if Your Excellency could confirm the above-mentioned understanding on behalf of your Government.
I avail myself of this opportunity to extend to Your Excellency the assurance of my highest consideration.
(Signed : Tatsunosuke Takasaki)
Plenipotentiary of Japan
His Excellency Felino Neri Plenipotentiary of the Republic of the Philippines
Manila, May 9, 1956
Excellency,
I have the honor to acknowledge the receipt of your note of today's date, which reads as follows :
(Japanese Note)
I have the honor to confirm that the above note is a correct statement of the understanding of my Government on the matter.
Accept, Excellency, the renewed assurances of my highest consideration.
(Signed : Felino Neri)
Plenipotentiary of the Republic of the Philippines
His Excellency Tatsunosuke Takasaki, Plenipotentiary of Japan
Exchange of Notes Concerning Details for the Implementation of the Reparations Agreement
Manila, May 9, 1956
Excellency,
I have the honor to refer to the Reparations Agreement between Japan and the Republic of the Philippines signed today. The Government of Japan proposes that under Article 11 of the Agreement the two Governments agree as follows:
I REPARATIONS CONTRACTS
1. Reparations Contracts mentioned in Article 5, paragraph 2 shall be concluded in terms of Japanese yen through normal commercial procedure.
2. The responsibility for the performance of Reparations Contracts shall rest solely with the Mission and the Japanese nationals or juridical persons who are parties thereto.
3. The Government of Japan may recommend to the Mission Japanese nationals and juridical persons qualified to enter into Reparations Contracts. However, the Mission is not bound to enter into Reparations Contracts only with such nationals or juridical persons so recommended.
II PAYMENT
1. The Mission mentioned in Article 7 of the Agreement shell have the authority to enter into any arrangement with a Japanese foreign exchange bank of its own name, authorizing such bank, among others, to receive payment from the Government of Japan, and notify the Government of Japan of the contents of such arrangement. It is understood that the Reparations Account shall not bear interest. The Mission may, if it deems it necessary, designate additional foreign exchange banks for the same purpose.
2. Within a reasonable period before any payment falls due under the terms of a Reparations Contract, the Mission shall forward e Payment Request to the Government of Japan stating the amount of such payment and the date on which the Mission has to make the same to the contractor concerned.
3. Upon receipt of the Payment Request, the Government of Japan shall pay the requested amount to the bank referred to in paragraph 1 above before the said date of payment by the Mission.
4. Upon agreement between the two Governments, the Government of Japan shall also pay, in the same way as provided for in paragraph 3 above, the expenses of the Mission, the expenses for the training of Filipino technicians and craftsmen, and such other expenses as may be agreed upon between the two Governments.
5. The amounts paid under paragraphs 3 and 4 above shall be credited to the Reparations Account, and no other funds shall be credited to the Account. The Account shell be debited only for the purposes mentioned in paragraphs 2 and 4 above.
His Excellency
Felino Neri,
Plenipotentiary of the Republic of the Philippines.
6. In care the whole or a port of the funds paid into the Reparations Account has not been dream by the Mission because of cancellation of contracts, etc., the unpaid amount shall be applied for the purposes mentioned in paragraphs 2 and 4 above, after appropriate arrangements are made with the Government of Japan.
7. In case the whole or a part of the amounts paid out of the Reparations Account has been refunded to the Mission, the amounts so refunded shall be credited to the Reparations Account, notwithstanding the provisions of paragraph 5 above. The provisions of paragraph 6 above shall apply to these amounts.
8. For the purpose of Article 6, paragraph 2 of the Agreement, "upon making a payment" means "at the time when s payment is made by the Government of Japan to the bank referred to in paragraph 1 above".
9. The computation of the amount to the extent of which the Government of Japan shall be released from the reparations obligation under Articles 1 and 2, shall, pursuant to Article 6, paragraph 2 of the Agreement, be made by determining the equivalent value in terms of United States dollars of the yen payment at the basic exchange rate of Japanese yen to the United States dollar, officially fixed by the Government of Japan and agreed to by the International Monetary Fund, which is prevailing on the following date:
(a) In the case of payment for a Reparations Contract, the date of receipt by the Government of Japan of a copy of the pertinent Contract.
(b) In other cases, the date to be agreed upon between the two Governments in each case; however, if there is no agreement on the late, the date the Payment Request is received by the Government of Japan shall apply.
III MISSION
1. Only those Filipino nationals who enter end reside in Japan solely for the purpose of working with the Mission shall be exempt from taxation in Japan as coming within the purview of Article 7, paragraph 6 of the Agreement.
2. The Government of the Republic of the Philippines shall advise the Government of Japan from time to time of the names of the Chief and other members of the Mission who ere authorized to act on behalf of the Mission in connection with Reparations Contracts, and the Government of Japan shall have the aforesaid names published in the Official Gazette of Japan. The authority of such Chief and other members of the Missions shall be deemed to continue until such time as notice to the contrary is published in the said Gazette.
IV SURVEY AND SALVAGE OF SUNKEN VESSELS
1. The procedure for the supply of services in the operations presently under way in accordance with the Interim Agreement on Reparations Concerning Salvage of Sunken Vessels ;hall be the same as heretofore, unless otherwise agreed.
2. The amount which has already been paid by the Government of Japan for making the survey of sunken vessels totals seventeen million five hundred thousand yen (¥17,500,000), and the amount which has been fixed through consultation between the two Governments to be incurred by the Government of Japan for the salvage of sunken vessels mentioned in paragraph 1 above is two billion three hundred forty-three million nine hundred twenty-two thousand six hundred and eleven yen (¥2,343,922,611). Accordingly, by ▣...▣plying the services of the survey and salvage of sunken vessels as mentioned above, Japan shall be released from its reparations obligation under Article 1 of the Agreement in the amount of six million five hundred fifty-nine thousand five hundred and seven United States dollars and twenty-five cents ($6,559,507.25), equivalent to two thousand three hundred sixty-one million four hundred twenty-two thousand six hundred and eleven yen (¥2,361,422,611).
3. The amount which has been paid by the Government of Japan for supplying the services mentioned above prior to the coming into force of the Agreement, together with the amount to be paid for supplying such services in the first year after the coming into force of the Agreement, shall be regarded, for the purpose of Article 2 of the Agreement, as the amount paid in the first year.
I have further the honor to propose that this note and Your Excellency's reply confirming the acceptance by your Government of the above proposal shall be regarded as constituting an agreement between the two Governments on details for the implementation of the Reparations Agreement under Article 11 thereof.
I avail myself of this opportunity to extend to Your Excellency the assurance of my highest consideration.
(Signed: Tatsunosuke Takasaki) Plenipotentiary of Japan
Manila, May 9, 1956
Excellency,
I have the honor to acknowledge the receipt of your note of today's date concerning details for the implementation of the Reparations Agreement, which reads as follows:
(Japanese Note)
I have the honor to agree on behalf of any Government to the proposal embodied in the note under acknowledgement and to further agree that the same together with this note, shall be regarded as constituting an agreement between the two Governments on the details for the implementation of the Reparations Agreement.
Accept, Excellency, the assurances of my highest consideration.
(Signed: Felino Neri)
Plenipotentiary of the Republic of the Philippines
His Excellency
Tatsunosuke Takasaki,
Plenipotentiary of Japan
AGREED MINUTES TO THE REPARATIONS AGREEMENT BETWEEN JAPAN AND THE REPUBLIC OF THE PHILIPPINES AND THE EXCHANGE OF NOTES CONCERNING DETAILS FOR THE IMPLEMENTATION THEREOF
The Plenipotentiaries of Japan and of the Republic of the Philippines wish to record the following understanding which they have reached during the negotiations for the Reparations Agreement between Japan and the Republic of Philippines signed today:
1. Re Article 3 of the Agreement:
agreed upon between the two Governments or "agreement between the two Governments" as mentioned in Paragraphs 1 and 2 of this Article means fixing through consultation the Schedule as provided for in Article 4, Paragraph 1.
2. Re Article 4, Paragraph 2 of the Agreement:
The two Governments will endeavor to fix the Schedule for the second year and each year thereafter at least sixty days prior to the beginning of the year concerned. For this purpose the Government of the Republic of the Philippines will forward its proposed schedule to the Government of Japan not less than one hundred and twenty days prior to the beginning of that year.
3. Re Article 5, Paragraph 2 of the Agreement:
a) The arrangements referred to in (b) means arrangements existing at the time a Reparations Contract is verified. An arrangement will not apply retroactively to a Reparations Contract which has been dully verified prior to the conclusion of such arrangement.
b) At least three copies of every proposed contract will be furnished by the Mission to the Government of Japan for the purpose of verification.
c) The verification by the Government of Japan will as a rule be effected within fourteen days.
4. Re Article 5, Paragraph 3 of the Agreement:
The two Governments will take measures necessary to make final and enforceable all arbitration awards duly rendered.
5. Re Article 9, Paragraphs 2, 3 and 4 of the Agreement:
It is understood that Japanese nationals who may be needed in the Philippines in connection with the supply of services or products under the Agreement will be Japanese technicians or experts only.
6. Re Article 9, Paragraph 4 of the Agreement:
The Japanese juridical persons mentioned in this Paragraph are those who undertake reparations projects in the Philippines or those who provide services under Reparations Contracts.
7. Re Chapter II Payment, Paragraph 4 of the Exchange of Notes concerning details for the implementation of the Agreement:
With respect to the expenses of the Mission and the expenses for the training of Filipino technicians and craftsmen, "upon agreement between the two Governments" means "upon the completion of necessary arrangements between the two Governments concerning. the specific details" of such expenses.
(Exchange of Notes concerning loans)
May 9, 1956
Excellency,
I have the honor to confirm the following Arrangement which embodies the understanding reached between the representatives of the two Governments concerning loans which will be advanced by Japanese private firms to Philippine private firms with a view to assisting in the further economic development of the Republic of the Philippines:
1. Long-term loans or similar credit arrangements (hereinafter referred to as "lones") to such amount in yen as shall be equivalent to two hundred fifty million United States dollars ($250,000,000) at present computed at ninety billion yen (¥90,000,000,0D0) will be extended by private firms or nationals of Japan to private firms or nationals of the Republic of the Philippines through appropriate contracts that may be entered into.
2. Loans shall be extended on a commercial basis and in accordance with the applicable laws and regulations of the two countries.
The Government of the Republic of the Philippines reserves the right to determine the fields of investment and the various industries for which the loans may be contracted as well as the criteria governing the eligibility of Philippine private firms or nationals desiring to contract such loans.
3. The two Governments shall facilitate and expedite the extension of loans within the scope of pertinent laws and regulations.
The facilitation and expedition the Government of Japan is required to offer as to loans will be similar to those which are currently provided to those loans contracted between Japanese and Philippine private firms and financed on an ordinary commercial basis by the Japanese banking institutions like the Export-Import Bank of Japan, within their then available funds.
The two Governments shall jointly review from time to time the progress of the extension and repayment of loans with a view to effecting the smooth operation of the present Arrangement.
4. The terms and conditions of any loan shall be as agreed upon between the parties to the loan contract, it being understood:
a) that the loan will be repayable by installment in kind or in the usual manner; and.
b) that the period of repayment will be made as long and the rate of interest as low as may be warranted on a commercial basis.
The loans shall be made principally in the form of machinery and equipment as well as the services incidental thereto.
5. Disputes arising out of or in connection with any loan contract shall be settled either through arbitration by agreement between the parties to the contract or in accordance with the ordinary judicial processes of the country having jurisdiction over such disputes.
His Excellency
Felino Neri,
Plenipotentiary of the Republic of the Philippines.
6. The present Arrangement shell remain in force for a period of twenty years. However, if, after the lapse of nineteen years from the coming into force of the Arrangement, it appears likely that the amount mentioned in 1 above may not be reached by the end of such period, the two Governments may, upon request of either of them, enter into consultation with a view to extending the period of the present Arrangement.
I have the honor to propose that the present note and Your Excellency's reply confirming the contents of the Arrangement as stated therein shall be regarded as constituting an agreement between the two Governments which shall come into force on the date the Republic of Philippines deposits its instrument of ratification of the Treaty of Peace with Japan signed at the city of San Francisco on September 8, 1951, in accordance with Article 24 of the said Treaty.
I avail myself of this opportunity to extend to Your Excellency the assurance of my highest consideration.
(Signed: Tatsunosuke Takasaki)
Plenipotentiary of Japan
Mandia, May 9, 1956
Excellency,
I have the honor to acknowledge receipt of your note of today's date, which reads as follows:
(Japanese Note)
I have the honor to confirm the contents of the Arrangement as stated in your note under acknowledgment, and to agree that the same and the present reply shall be regarded as constituting an agreement between the two Governments which shall come into force on the date the Republic of the Philippines deposits its instrument of ratification of the Treaty of Peace with Japan signed at the city of San Francisco on September 8, 1951, in accordance with Article 24 of the said Treaty.
Accept, Excellency, the renewed assurances of my highest consideration.
(Signed: Felino Neri)
Plenipotentiary of the Republic of the Philippines
His Excellency
Tatsunosuke Takasaki,
Plenipotentiary of Japan
May 9, 1956
MESSAGE SENT TO FOREIGN MINISTER SHIGEMITSU BY FOREIGN SECRETARY GARCIA
Mr. Mamoru Shigemitsu
Minister for Foreign Affairs Japan
I join you in hailing the settlement of the reparation's question between our two countries and its far reaching significance to their relations with each other. I believe we have reason for mutual self-gratification for it marks the completion of a task at which we have labored hard and long. Most important of all, it opens a new phase in the relations between Japan and the Philippines which should redound to the progress and prosperity of their peoples and the preservation of peace in their part of the world.
On this happy and auspicious occasion, I am pleased to convey the cordial greetings and sincere best wishes of the Government and people of the Philippines to the Government and people of Japan.
Carlos P. Garcia
Secretary of Foreign Affairs of the Republic of the Philippines
Article 1
1. Japan shall supply the Union of Burma by way of reparations with the services of Japanese people and the products of Japan, the value of which will be on an annual average seven thousand two hundred million yen (¥7,200,000,000) equivalent to twenty million United States of America dollars ($20,000,000), for the period of ten years from the date of coming into force of the Treaty.
2. Japan shall take every possible measure to facilitate the economic cooperation wherein the services of Japanese people and the products of Japan, the value of which will aggregate on an annual average one thousand eight hundred million yen(¥1,800,000,000), equivalent to five million United States of America dollars ($5,000,000), will be made available in the form of joint enterprises between Japanese people and the Government or people of the Union of Burma, for the period of ten years from the date of coming into force of the Treaty.
Article 1
Japan, by way of reparations, shall supply the Republic of the Philippines with the services of the Japanese people and products of Japan in the form of capital goods, the total value of which will be so much in yen as shall be equivalent to five hundred fifty million United States dollars ($550,000, 000) at present computed at one hundred ninety-eigh billion yen (¥198,000,000,000), whithin the period and in the manner hereinafter prescribed.
Article 1
1. Japan shall supply the Republic of Indonesia by way of reparations with the products of Japan and the services of Japanese people, the total value of which will be so much in yen as shall be equivalent to two hundred and twenty-three million eighty thousand United States of America dollars ($223,080,000) at present computed at eighty thousand three hundred and eight million eight hundred thousand yen (¥80,308,800,000), within the period of 12 years from the date of coming into force of the present agreement, in the manner hereinafter prescribed.
ARTICLE 1
1. Le Japon s'engage a accorder au Cambodge, a titre de don et conformement aux dispositions du prèsent accord, une aide d' un milliard cinq cents millions de Yens (¥1,500,000,000) qui consistera en fourniture des produits Japonais et des services des services des personnes physiques et morales japonaises. Cette aide sera destinèe a realiser les projects figurant a l'Annexe du prèsent Accord.
ARTICLE 1
1. Le japon, en vue d'aider le Laos dans son développement économique, s'engage a accorder au Laos, a titre de don et conformèment aux dispositions du présent Accord, une aide d'un milliard de Yens qui consistera en fourniture des produits japonais et des services des personnes physiques et morales japonaises. Cette aide sera destinée a réaliser des travaux déterminés d'un commun accord par les deux Gouvernements.
Article 1
1. Le Japon fournira a la République du Viet-Nam a titre de réparations les produits du Japon et les services du peuple japonaise dont la valeur totale équivaudra a la contre-valeur en Yens de trente-neuf millions de dollars des Etats-Unis (U.S. $39,000,000), soit calculés au taux actuel a quatorze milliards quarante milliones de Yens (¥14,040,000,000), pendant une période de cinq ans a compter du jour de l'entrée en vigueur du présent Accord et selon les modalités ci-apres.