Cable by Dazzlepod US Embassy Diplomatic Cables from WikiLeaks Released 251287 Cables (Sep 2, 2012)
ORIGIN
CONFIDENTIAL (97070)
CONFIDENTIAL//NOFORN (4678)
SECRET (11322)
SECRET//NOFORN (4330)
UNCLASSIFIED (75792)
UNCLASSIFIED//FOR OFFICIAL USE ONLY (58095)
Reference ID 06TOKYO6896 (original text)
SubjectAGREEMENT REACHED ON GSOMIA TEXT
OriginEmbassy Tokyo
ClassificationCONFIDENTIAL
ReleasedAug 30, 2011 01:44
CreatedDec 7, 2006 22:51
VZCZCXYZ0000
PP RUEHWEB

DE RUEHKO #6896/01 3412251
ZNY CCCCC ZZH
P 072251Z DEC 06
FM AMEMBASSY TOKYO
TO RUEHC/SECSTATE WASHDC PRIORITY 8938
INFO RHMFISS/COMUSJAPAN YOKOTA AB JA PRIORITY
RHHMHBA/COMPACFLT PEARL HARBOR HI PRIORITY
RUYNAAC/COMNAVFORJAPAN YOKOSUKA JA PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RHOVVKG/COMSEVENTHFLT  PRIORITY
RHEFDIA/DIA WASHINGTON DC PRIORITY
RUETIAA/DIRNSA FORT GEORGE G MEADE MD PRIORITY
RHHMUNA/HQ USPACOM HONOLULU HI PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY
RHMFISS/USCENTCOM MACDILL AFB FL PRIORITY C O N F I D E N T I A L TOKYO 006896 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: DECL: 12/07/2011 
TAGS:        
SUBJECT: AGREEMENT REACHED ON GSOMIA TEXT 
 
Classified By: Ambassador J. Thomas Schieffer, reasons 1.4 (b, d). 
 
 1. (C) SUMMARY:  U.S. and Japanese negotiators reached 
substantial agreement November 29 on the text of a General 
Security of Military Information Agreement (GSOMIA), which 
will set uniform rules across the Japanese government for 
handling U.S.-origin classified military information.  The 
GSOMIA should enable smoother and swifter exchange of such 
information with Japan, especially at the military level. 
MOFA contacts expect the text to be endorsed by the Cabinet 
no later than March; no Diet approval is required.  END 
SUMMARY. 
 
 2. (C) A U.S. negotiating team, led by OSD/ISP Director 
Ronald Zwart and Deputy Director David Sobyra, reached 
agreement with Japanese counterparts November 29 on the text 
of a General Security of Military Information Agreement 
(GSOMIA), designed to set uniform rules for the handling of 
each countries' classified military information. 
 
 3. (C) The agreement commits both sides to "substantially 
equivalent" treatment, handling, transmittal and storage of 
each others' classified military information.  Exact 
procedures to implement the agreement are largely left up to 
each party to define, with periodic reciprocal security 
assessment visits to confirm that substantially equivalent 
procedures are in place.  The GSOMIA should enable smoother 
and swifter exchange of such information with Japan, 
especially at the military level.  See para 8 for bilaterally 
agreed GSOMIA text. 
 
 4. (C) MOFA will likely submit the text for Cabinet Office 
legal review in January, with final approval by the Cabinet 
no later than March (no Diet approval required), according to 
MOFA U.S.-Japan Security Treaty Division contacts.  Before 
that happens, say the contacts, the various Japanese 
government agencies that handle the classified military 
information covered by the agreement will review their 
internal procedures to ensure they are in compliance with the 
terms of the GSOMIA text. 
 
 5. (C) MOFA contacts say they will seek reference to at least 
"substantial agreement" on the GSOMIA in a possible "2 2" 
statement in mid-January. 
 
 6. (U) Embassy understands that action now lies with State's 
Office of the Legal Advisor (L) to review and clear on the 
text.  The agreement requires English and Japanese language 
versions to be equally valid; Embassy will forward MOFA's 
Japanese version to L as soon as received. 
 
 7. (C) Progress on the text indicates Japan has overcome 
inter-agency differences that caused resistance to a GSOMIA 
for 25 years, and made it the only major U.S. ally without 
such an agreement.  The agreement on the text reached 
November 29 is the culmination of negotiations begun in 2003. 
 Inter-agency buy-in was evident in the broad representation 
in the Japanese delegation at the talks.  Japanese 
representatives included the Japan Defense Agency, Cabinet 
Intelligence and Research Office, Public Security Information 
Agency, Cabinet Satellite Office, National Police Agency, and 
Japan Coast Guard. 
 
 8. (U) Begin bilaterally agreed GSOMIA text: 
 
AGREEMENT BETWEEN THE GOVERNMENT OF JAPAN AND THE GOVERNMENT 
OF THE UNITED STATES OF AMERICA CONCERNING SECURITY MEASURES 
FOR THE PROTECTION OF CLASSIFIED MILITARY INFORMATION 
 
PREAMBLE 
 
The Government of Japan and the Government of the United 
States of America (hereinafter referred to as "the Parties" 
and separately as "a Party"), 
 
Affirming that the Japan-United States security arrangements, 
based on the Treaty of Mutual Cooperation and Security 
between Japan and the United States of America signed at 
Washington on January 19, 1960, is the cornerstone for 
achieving common security objectives, 
 
Recognizing that the Mutual Defense Assistance Agreement 
between Japan and the United State of America signed at Tokyo 
on March 8, 1954, and the arrangements made thereunder have 
provided for the reciprocal exchange of defense-related 
information, 
 
Recalling that, at the meeting of the Security Consultative 
Committee on October 29, 2005, the Ministers expressed their 
commitment to take additional necessary measures to protect 
shared classified information so that broader information 
sharing is promoted among pertinent authorities, 
 
Desiring to further mutual cooperation to ensure that 
protection of classified military information; 
 
Have agreed as follows: 
 
ARTICLE 1 
 
DEFINITIONS 
 
For the purpose of this Agreement, 
 
(a) "Classified Military Information" (hereinafter referred 
to as "CMI") means any defense-related information that is 
generated by or for the use of or held by the Department of 
Defense of the United States of America or the Japan Defense 
Agency, or defense-related information generated by or for 
the use of or held by other relevant authorities of the 
Government of the United States of America or the Government 
of Japan, and that requires protection in the interests of 
national security of the originating Party.  The information 
shall bear a security classification and, where necessary, an 
appropriate indication to identify such information as CMI. 
Such information may be in oral, visual, electronic, magnetic 
or documentary form, or in the form of equipment of 
technology; 
 
(b) "national laws and regulations" means, 
(i) in relation to Japan, the laws listed in the Annex 
attached hereto and other relevant laws and regulations, and 
(ii) in relation to the United States of America, the laws 
which will be notified by the Government of the United States 
of America to the Government of Japan through the diplomatic 
channel and other relevant laws and regulations; 
 
(c) "personnel security clearance" means an eligibility for 
handling securely CMI granted to individuals in accordance 
with each Party's appropriate procedures. 
 
ARTICLE 2 
 
PROTECTION OF CMI 
 
CMI provided directly or indirectly by one Party to the other 
Party shall be protected under the terms set forth herein, 
provided that they are consistent with the national laws and 
regulations of the recipient Party. 
 
ARTICLE 3 
 
CHANGES IN NATIONAL LAWS AND REGULATIONS 
 
Each Party shall notify the other of any changes to its 
national laws and regulations that would affect the 
protection of CMI under this Agreement.  In such case, the 
Parties shall consult, as provided for in Article 19(b), to 
consider possible amendments to this Agreement.  In the 
interim, CMI shall continue to be protected in accordance 
with the provisions of this Agreement, unless otherwise 
approved in writing by the releasing Party. 
 
ARTICLE 4 
 
SECURITY CLASSIFICATION AND MARKING OF CMI 
 
For the Government of the United States of America, CMI shall 
be marked Top Secret, Secret, or Confidential.  For the 
Government of Japan, CMI that is designated as "Defense 
Secret" according to the Self-Defense Forces Law shall be 
 
SIPDIS 
marked "Bouei Himitsu", and the other CMI that is not 
designated as "Defense Secret" shall be marked "Kimitsu", 
"Gokuhi", or "Hi" depending on the sensitivity of the 
information concerned. 
"Bouei Himitsu" that bears the additional marking "Kimitsu" 
shall be afforded a degree of protection equivalent to the 
U.S. "Top Secret."  "Bouei Himitsu" shall be afforded a 
degree of protection equivalent to U.S. "Secret." 
 
Equivalent classifications shall be as follows: 
 
United States             Japan 
-------------             ----- 
Top Secret                Kimitsu / Bouei Himitsu (Kimitsu) 
 
Secret                    Gokuhi / Bouei Himitsu 
 
SIPDIS 
 
Confidential              Hi 
 
SIPDIS 
 
//Japanese characters to be added to table in final text// 
 
Each recipient Party shall stamp or mark the name of the 
releasing Party on all CMI.  The CMI shall also be market 
with the equivalent security classification of the recipient 
Party. 
 
ARTICLE 5 
 
SUPPLEMENTAL IMPLEMENTING ARRANGEMENTS 
 
Supplemental implementing arrangements under this Agreement 
may be entered into by competent authorities of the Parties. 
For the Government of the United States of America, the 
competent authority shall be the Department of Defense.  For 
the Government of Japan, the competent authority shall be 
identified by the Government of Japan and notified by it to 
be Government of the United States of America through the 
diplomatic channel. 
 
ARTICLE 6 
 
PRINCIPLES FOR PROTECTING CMI 
 
The Parties shall ensure that: 
 
(a) The recipient Party shall not release the CMI to any 
government, person, firm, institution, organization, or other 
entity of a third country without the prior written approval 
of the releasing Party; 
 
(b) The recipient Party, in accordance with its national laws 
and regulations, shall take appropriate measures to provide 
to the CMI a degree of protection substantially equivalent to 
that afforded by the releasing Party; 
 
(c) The recipient Party shall not use the CMI for any other 
purpose than that for which it was provided, without the 
prior written approval of the releasing Party; 
 
(d) The recipient Party shall observe intellectual property 
rights such as patents, copyrights, or trade secrets which 
are involved in CMI; 
 
(e) Each governmental facility that handles CMI shall 
maintain a registry of individuals with personnel security 
clearances and who are authorized to have access to such 
information; and 
 
(f) Procedures for identification, location, inventory and 
control of CMI shall be established by each Party to manage 
the dissemination of and access to CMI. 
 
ARTICLE 7 
 
PERSONNEL ACCESS TO CMI 
 
(a) No government official shall be entitled to access to CMI 
solely by virtue of rank, appointment, or a personnel 
security clearance. 
 
(b) Access to CMI shall be granted only to those government 
officials whose official duties require such access and who 
have been granted a personnel security clearance in 
accordance with the national laws and regulations of the 
recipient Party. 
 
(c) The Parties shall ensure that the determination on the 
granting to a government official of a personnel security 
clearance is consistent with the interests of national 
security and based upon all available information indicating 
whether the government official is trustworthy and reliable 
in the handling of CMI. 
 
(d) Appropriate procedures shall be implemented by the 
Parties to ensure that the criteria referred to in the 
preceding paragraph have been met, in accordance with the 
national laws and regulations of each Party, with respect to 
any government official to be granted access to CMI. 
 
(e) Before a representative of one Party releases CMI to a 
representative of the other Party, the recipient Party shall 
provide to the releasing Party an assurance that:  the 
representative possesses the necessary level of personnel 
security clearance; the representative requires access for 
official purposes; and that the recipient Party, in 
accordance with its national laws and regulations, shall take 
appropriate measures to provide to the CMI a degree of 
protection substantially equivalent to that afforded by the 
releasing Party. 
 
ARTICLE 8 
 
VISIT PROCEDURES 
 
Authorizations for visits by representatives of one Party to 
facilities of the other Party where access to CMI is required 
shall be limited to those necessary for official purposes. 
Authorization to visit a facility which is located in the 
territory of the country of one Party shall be granted only 
by the Party.  The visited Party shall be responsible for 
advising the facility of the proposed visit, the topic, the 
scope, and highest level of CMI that may be furnished to the 
visitor.  Requests for visits by representatives of the 
Parties shall be submitted through the appropriate offices of 
the Embassy of the United States of America in Tokyo or 
United States Forces Japan Headquarters in the case of United 
States visitors, and through the Embassy of Japan in 
Washington, D.C. in the case of Japanese visitors. 
 
ARTICLE 9 
 
TRANSMISSION 
 
CMI shall be transmitted between the Parties through 
Government-to-Government channels.  Upon such transfer, the 
Recipient Party shall assume responsibility for custody, 
control and security of the CMI. 
 
ARTICLE 10 
 
SECURITY OF FACILITIES 
 
Each party shall be responsible for the security of all 
governmental facilities where CMI of the other Party is kept 
and shall assure that, for each such facility, qualified 
government officials are appointed who shall have the 
responsibility and authority for the control and protection 
of CMI subject to this Agreement. 
 
ARTICLE 11 
 
STORAGE 
 
The Parties shall store CMI in a manner that assures access 
only by those individuals who have been authorized access 
pursuant to Articles 7 and 16. 
 
ARTICLE 12 
 
SECURITY REQUIREMENTS DURING TRANSMISSION 
 
The minimum requirements for the security of CMI during 
transmission shall be as follows: 
 
(a) Classified Documents and Media 
 
(i) Documents and media containing CMI shall be transmitted 
in double, sealed envelopes with the innnermost envelope 
bearing only the classification of the documents or media and 
the organizational address of the intended of the intended 
recipient and the outer envelope bearing the organizational 
address of the recipient, the organizational address of the 
sender, and the registry number, if applicable. 
 
(ii) No indication of the classification of the enclosed 
documents or media shall be made on the outer envelope.  The 
sealed envelope shall then be transmitted according to the 
prescribed regulations and procedures of the releasing Party. 
 
(iii) Receipts shall be prepared for packages containing 
classified documents or media that are transmitted between 
the Parties and a receipt for the enclosed documents or media 
shall be signed by the final recipient and returned to the 
sender. 
 
(b) Classified Equipment 
 
(i) Classified equipment shall be transported in sealed, 
covered vehicles or be securely packaged or protected in 
order to present identification of its details, and kept 
under continuous control to prevent access by unauthorized 
persons. 
 
(ii) Classified equipment which must be stored temporarily 
awaiting shipment shall be placed in a storage area that 
provides protection commensurate with the level of 
classification of the equipment.  Only authorized personnel 
shall have access to the storage area. 
 
(iii) Receipts shall be obtained on every occasion when 
classified equipment changes hands en route. 
 
(iv) Receipts shall be signed by the final recipient and 
returned to the sender. 
 
(c) Electronic Transmissions 
 
CMI transmitted by electronic means shall be protected during 
transmission using encryption appropriate for that level of 
classified information.  Information systems processing, 
storing, or conveying CMI shall receive security 
accreditation by the appropriate authority of the Party 
employing the system. 
 
ARTICLE 13 
 
DESTRUCTION 
 
(a) The Parties shall destroy classified documents and media 
by burning, shredding, pulping, or other means preventing 
reconstruction in whole or in part of the CMI. 
 
(b) The Parties shall destroy classified equipment beyond 
recognition or modify it so as to preclude reconstruction in 
whole or in part of the CMI. 
 
ARTICLE 14 
 
REPRODUCTION 
 
When the Parties reproduce classified documents or media, 
they shall also reproduce all original security markings 
thereon or mark on each copy.  The Parties shall place such 
reproduced classified documents or media under the same 
controls as the original classified documents or media.  The 
Parties shall limit the number of copies to that required for 
official purposes. 
 
ARTICLE 15 
 
TRANSLATIONS 
 
The Parties shall ensure that all translations of CMI are 
done by individuals with personnel security clearances 
pursuant to Articles 7 and 16.  The Parties shall keep the 
number of copies to a minimum and control the distribution. 
Such translations shall bear appropriate security 
classification markings and a suitable notation in the 
language into which it is translated indicating that the 
document or media contains CMI of the releasing Party. 
 
ARTICLE 16 
RELEASE OF CMI TO CONTRACTORS 
 
Prior to the release to a contractor (including a 
subcontractor, whenever the term is used herein) of any CMI 
received from the other Party, the recipient Party shall take 
appropriate measures, in accordance with its national laws 
and regulations, to ensure, that: 
 
(a) no individual is entitled to access to CMI solely by 
virtue of rank, appointment, or a personnel security 
clearance; 
 
(b) the contractor and the contractor's facilities have the 
capability to protect CMI; 
 
(c) all individuals whose official duties require access to 
CMI have personnel security clearances; 
 
(d) a personnel security clearance is determined in the same 
manner as provided for in Article 7; 
 
(e) appropriate procedures are implemented to provide 
assurance that the criteria referred to in Article 7 (c) have 
been met with respect to any individual granted access to CMI; 
 
(f) all individuals having access to CMI are informed of 
their responsibilities to protect the information; 
 
(g) initial and periodic security inspections are carried out 
by the recipient Party at each contractor facility where the 
releasing Party's CMI is stored or accessed to ensure that it 
is protected as required in this Agreement; 
 
(h) access to CMI is limited to those persons whose official 
duties require such access; 
 
(i) a registry of individuals with personnel security 
clearances and who are authorized to have access to such 
information is maintained at each facility; 
 
(j) qualified individuals are appointed who shall have the 
responsibility and authority for the control and protection 
of CMI; 
 
(k) CMI is stored in the same manner as provided for in 
Article 11; 
 
(l) CMI is transmitted in the same manner as provided for in 
Articles 9 and 12; 
 
(m) classified documents and classified equipment are 
destroyed in the same manner as provided for in Article 13; 
 
(n) classified documents are reproduced and placed under 
control in the same manner as provided for in Article 14; and 
 
(o) translation of CMI is done and copies are treated in the 
same manner as provided for in Article 15. 
 
ARTICLE 17 
 
LOSS OR COMPROMISE 
 
The releasing Party shall be informed immediately of all 
losses or compromises as well as possible losses or 
compromises of its CMI and the recipient Party shall initiate 
an investigation to determine the circumstances.  The results 
of the investigation and information regarding measures taken 
to prevent recurrence shall be forwarded to the releasing 
Party by the recipient Party. 
 
ARTICLE 18 
 
VISITS BY SECURITY REPRESENTATIVES 
 
Implementation of the foregoing security requirements can be 
advanced through reciprocal visits by security 
representatives of the Parties.  Accordingly, security 
representatives of each Party, after prior consultation, 
shall be permitted to visit the other Party to discuss 
security procedures and observe their implementation in the 
interest of achieving reasonable comparability of their 
respective security systems on mutually agreed venues and in 
a mutually satisfactory manner.  Each Party shall assist the 
security representatives in determining whether CMI provided 
by the other Party is being adequately protected. 
 
ARTICLE 19 
 
ENTRY INTO FORCE, AMENDMENT, DURATION AND TERMINATION 
 
(a) This Agreement shall enter into force on the date of 
signature. 
 
(b) Amendments to the present Agreement shall be entered into 
by mutual consent of the Parties and shall enter into force 
as of the date of the signature thereof. 
 
(c) This Agreement shall remain in force for a period of one 
year and shall be automatically extended annually thereafter 
unless either Party notifies the other in writing through the 
diplomatic channel ninety days in advance of its intention to 
terminate the Agreement. 
 
(d) Notwithstanding the termination of this Agreement, all 
CMI provided pursuant to this Agreement shall continue to be 
protected in accordance with the provisions of this Agreement. 
 
DONE at            on      ,      , in duplicate, in Japanese 
and English languages, both texts being equally authentic. 
 
For the Government of Japan: 
//signature// 
 
For the Government of the United States of America: 
//signature// 
 
//page break// 
 
ANNEX 
 
The Japanese national laws and regulations referred to in 
paragraph (b) of Article 1: 
 
(1) Secret Protection Law to Implement the Mutual Defense 
Assistance Agreement and Other Related Agreements between 
Japan and the United States of America (Law No. 166, 1954) 
 
(2) Self-Defense Forces Law (Law No. 165, 1954) 
 
(3) Law on Special Measures concerning Criminal Cases to 
Implement the Agreement under Article VI of the Treaty of 
Mutual Cooperation and Security between Japan and the United 
States of America, regarding Facilities and Areas and the 
Status of United States Armed Forces in Japan (Law No. 138, 
1952) 
 
(4) National Public Service Law (Law No. 120, 1947) 
 
End text. 
SCHIEFFER