Agreement between the Government of Australia and the Government of Japan concerning Reciprocal Provision of Supplies and Services between the Australian Defence Force and the Self-Defense Forces of Japan - Sydney, 14 January 2017
3.1
This chapter reviews the Agreement between the Government of Australia and the Government of Japan concerning Reciprocal Provision of Supplies and Services between the Australian Defence Force and the Self‑Defense Forces of Japan (the proposed Agreement), signed in Sydney on 14 January 2017. The proposed Agreement was tabled in the Parliament on 20 March 2017.
3.2
The proposed Agreement will facilitate the provision of logistic supplies and services to the military forces of Australia and Japan in connection with specified joint activities. These supplies and services will be in return for either cash payment or the reciprocal provision of logistic supplies and services.
3.3
This chapter will first present a precis of the cooperative efforts between the Australian Defence Force (ADF) and the Self-Defense Forces of Japan (JSDF). The terms of the proposed Agreement will then be presented and the reasons for the proposed treaty action examined. The Committee’s conclusions and recommendation appear at the end of the chapter.
Background
3.4
The defence relationship between Australia and Japan has both broadened and deepened significantly over the last decade. A more ‘fully rounded and diverse partnership’ has emerged, highlighted by the 2007 Japan‑Australia Joint Declaration on Security Cooperation (JDSC). The JDSC provides a foundation for wide-ranging cooperation on security issues between Australia and Japan, including in law enforcement; border security; counter‑terrorism; disarmament and counter‑proliferation of weapons of mass destruction; maritime and aviation security; peace operations and humanitarian relief operations.
3.5
Australia and Japan have worked closely together in Iraq, East Timor, Pakistan and elsewhere on the range of security matters outlined in the JDSC.
3.6
The proposed Agreement will replace the existing Agreement between the Government of Australia and the Government of Japan concerning Reciprocal Provision of Supplies and Services between the Australian Defence Force and the Self‑Defense Forces of Japan done at Tokyo on 19 May 2010 and which entered into force on 31 January 2013 (the 2013 Agreement).
3.7
The 2013 Agreement was only Japan’s second such agreement – the other being with the United States. At the time of the then Committee’s report, it was anticipated that the 2013 Agreement would facilitate joint and trilateral training and security opportunities within the Asia-Pacific.
3.8
The Department of Defence reports, that at the time of writing, the 2013 Agreement had not:
…been invoked for the carriage of Japanese Self-Defense Forces personnel and/or Japanese Self-Defense Forces weapons.
The Agreement
3.9
The proposed Agreement continues the basic terms, conditions and procedures as set out in the 2013 Agreement. The differences between the proposed Agreement and the 2013 Agreement primarily reflect changes in the national laws of Japan concerning international peace and security passed by the National Diet in September 2015.
3.10
These changes prompted Japan to seek a revision to the terms of the 2013 Agreement and expand both the scope of its application (in terms of the activities to which logistic supplies and services may be provided) as well as the supplies and services the Parties’ militaries may exchange, including ammunition.
3.11
The NIA emphasises however that the proposed Agreement retains explicit exclusions relating to the exchange of weapons and the transfer of any items the transfer of which would be prohibited by the national laws and regulations of either Party.
3.12
There was extended discussion during the public hearing on 22 May 2017 concerning the carriage of weapons and ammunition under the proposed Agreement. Representatives of the Department of Defence clarified that the agreement would permit the carriage of weapons provided the weapons were under the custody of service people being transported under the proposed Agreement.
3.13
Further, the proposed Agreement retains the explicit obligation to use supplies and services in accordance with the Charter of the United Nations. The Charter prohibits the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations.
Obligations
3.14
The provision of any supplies and services under the proposed Agreement must be carried out in accordance with the Parties’ respective national laws and obligations.
3.15
Article I provides that the reciprocal provision of logistic supplies and services under the proposed Agreement will occur for the purposes of:
exercises and training with participation by both the ADF and the JSDF;
United Nations peacekeeping operations, internationally coordinated peacekeeping and security operations, and humanitarian international relief operations;
operations in response to large scale disasters in Australia, Japan or a third country;
emergency evacuation of Australian or Japanese nationals, or others from third countries;
communication and coordination or other routine activities including visits of ships or aircraft of the ADF or the JSDF; and
for other cooperative efforts as mutually determined and permitted under the laws and regulations of the respective Parties (including for unforeseen circumstances or exigencies).
3.16
The inclusion of ‘internationally coordinated peacekeeping and security operations’ as well as enabling the provision of logistic supplies and services for other cooperatively efforts as mutually determined is an expansion of the 2013 Agreement.
3.17
The supplies and services that may be provided under the Agreement are listed in Tabled 3.1 below.
Table 3.1: Supplies and services exchanged between the ADF and JSDF
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Food
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food, provision of meals, cooking utensils, and the like
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Water
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water, water supply, equipment necessary for water supply, and the like
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Billeting
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use of billeting and bathing facilities, beddings, and the like
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Transportation (including airlift)
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transportation of persons and goods, transport equipment, and the like
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Petroleum, oils and lubricants
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petroleum, oils, and lubricants, refuelling, equipment necessary for refuelling, and the like
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Clothing
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clothing, mending of clothing, and the like
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Communications services
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use of communication facilities, communication services, communication equipment, and the like
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Medical services
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medical treatment, medical equipment, and the like
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Base operations support (including construction incident to base operations support)
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collection and disposal of waste, laundry, electric supply, environmental services, construction, decontamination equipment and services, and the like
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Storage services
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temporary storage in warehouse or refrigerated storehouse, and the like
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Use of facilities
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temporary use of buildings, facilities, and land, and the like
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Training services
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dispatch of instructors, materials for educational and training purposes, consumables for training purposes, and the like
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Spare parts and components
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spare parts and components of military aircraft, vehicles, and ships, and the like
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Repair and maintenance services (including calibration services
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repair and maintenance, equipment for repair and maintenance, and the like
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Airport and seaport services
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services for arrival and departure of aircraft and ships, loading and unloading, and the like
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Ammunition
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ammunition, provision of ammunition, equipment necessary for provision of ammunition, and the like
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Source: Annex, Agreement between the Government of Australia and the Government of Japan concerning the Reciprocal Provision of Supplies and Services between the Australian Defence Force and the Self-Defence Forces of Japan
3.18
For the provision of supplies, where possible, the receiving Party must return the supplies in a condition and manner satisfactory to the providing Party. Where supplies cannot be returned in a satisfactory condition or are consumable, the receiving Party must give the providing Party supplies of the same type, quality and quantity. Where neither option is possible, the receiving Party must reimburse the providing Party.
3.19
For the provision of services, the receiving Party may either reimburse the providing Party or provide services of the same type and equivalent value.
3.20
The provision of supplies and services must be carried out in accordance with the Procedural Arrangement as agreed between the Australian Department of Defence and the Japanese Ministry of Defence (Article V). The NIA explains that a new Procedural Arrangement has been concluded however is a less-than-treaty status document. Consequently, the Committee will not have an opportunity to review this supporting document.
3.21
Similarly, disputes between the Australia and Japan must be settled in accordance with the Procedural Arrangement, or otherwise through consultation.
Reasons for implementing proposed treaty action
3.22
As noted above, the proposal to replace the 2013 Agreement was initiated by Japan, which sought to broaden that Agreement to achieve congruence with defence reforms passed by the National Diet in September 2015.
3.23
The NIA states that the expanded scope of the proposed Agreement:
aligns with Australia’s other military logistic support agreements and arrangements and offers Australia the opportunity to further enhance the quality of, and potential for, defence cooperation with Japan, and to broaden the interoperability between the two forces.
3.24
It further asserts that the proposed Agreement is ‘uncontroversial’ and ‘builds on Australia’s existing relationship with Japan in relation to defence matters, and raises no international defence policy issues’.
3.25
If the proposed Agreement were not ratified, Australia’s military logistic relationship with Japan would be out of step with those that Japan has with the United States and the United Kingdom.
Implementation
3.26
The NIA states that implementation of the proposed Agreement does not require legislative amendment.
3.27
The proposed Agreement will enter into force on the date the Parties exchange diplomatic notes informing their respective domestic processes have been completed.
3.28
The Japanese Diet approved the proposed Agreement on 14 April 2017.
Costs
3.29
There are ‘no foreseeable financial costs’ in the implementation of the proposed Agreement. The NIA explains:
Where the transfer of logistic supplies and services occurs, Article IV of the proposed Agreement provides that the Parties will mutually determine whether payment for the transfer will be made by cash or by supplying logistic supplies and services that are substantially identical or agreed to be of equal monetary value.
Future treaty action
3.30
The proposed Agreement will remain in force for a period of ten years, and will be automatically extended for subsequent periods of ten years.
3.31
As noted above, the proposed Agreement provides for a Procedural Arrangement (a less‑than‑treaty status instrument). The NIA notes that a new Procedural Arrangement has been concluded, aligned with the terms of the proposed Agreement.
3.32
As this instrument is less‑than‑treaty status, the Committee does not have an opportunity to review its terms or operation.
Committee comment
3.33
The reciprocal provision of supplies and services will promote closer cooperation between the ADF and the JSDF and more efficient performance in activities that they conduct pursuing the Parties’ active contribution to international peace and security in conformity with the Charter of the United Nations.
3.34
The Committee therefore supports the proposed Agreement and recommends that binding treaty action be taken.
3.35
The Committee supports the Agreement between the Government of Australia and the Government of Japan concerning Reciprocal Provision of Supplies and Services between the Australian Defence Force and the Self‑Defense Forces of Japan, and recommends that binding treaty action be taken.