VZCZCXRO6293
PP RUEHFK RUEHKSO RUEHNH
DE RUEHKO #0468/01 0610807
ZNR UUUUU ZZH
P 020807Z MAR 09
FM AMEMBASSY TOKYO
TO RUEHC/SECSTATE WASHDC PRIORITY 1144
INFO RUEHBJ/AMEMBASSY BEIJING 7992
RUEHGP/AMEMBASSY SINGAPORE 7348
RUEHFK/AMCONSUL FUKUOKA 2688
RUEHHK/AMCONSUL HONG KONG 6710
RUEHNH/AMCONSUL NAHA 5036
RUEHOK/AMCONSUL OSAKA KOBE 6478
RUEHKSO/AMCONSUL SAPPORO 3239
RHMFIUU/USFJ
RHMCSUU/DEPT OF ENERGY WASHINGTON DC
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC

UNCLAS SECTION 01 OF 03 TOKYO 000468 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/J 
STATE PASS DOE FOR W. KILMARTIN AND D. CHONG 
DHS FOR C. BRZOZOWSKI 
CBP CONTAINER SECURITY INITIATIVE FOR D. STAJCAR 
USFJ FOR US COAST GUARD CAPT SWANSON 
 
E.O. 12958: N/A 
TAGS: ETTC EWWT ENRG ELTN ETRD JA
SUBJECT: MEGAPORTS: JAPAN'S RESPONSE ON "RECIPROCAL" 
INFORMATION-SHARING 
 
REF: A. STATE 16717 
     ¶B. TOKYO 231 
 
¶1.  (SBU) Despite the March 2 scheduled launch of the 
Megaports pilot project at the Port of Yokohama, considerable 
differences in expectations exist between the GOJ and USG 
about how and what kind of information-sharing will take 
place, MOFA Second North Americas Division Official Kako 
Sasai explained February 24 in response to reftel demarche. 
Sasai said the GOJ is under the impression the USG agreed to 
reciprocal data-sharing.  Econoff noted the USG has conveyed 
in several meetings with MOFA officials up to the Director 
level, that the issue of reciprocity should be treated as a 
separate issue unrelated to Megaports implementation.  The 
GOJ has proposed that Japan Customs will share scan data 
directly with U.S. Customs and Border Protection (CBP), which 
will then pass it to DOE.  However, Sasai said the GOJ is 
unable to provide information related to the pilot project 
until after it better understands the type of information the 
USG wants the GOJ to provide, and by what mechanism. 
 
"Reciprocity" 
------------- 
 
¶2.  (SBU) In response to ref A points concerning 
"reciprocity," MOFA officials noted their concern that USG 
and GOJ views differ significantly.  To illustrate this 
point, Sasai relayed to us that Ministry of Finance (MOF) 
Customs and Tariff Bureau Enforcement Division Deputy 
Director Koji Minakuchi said he was under the impression from 
past discussions that the USG agreed to "reciprocity" and is 
now backing away from it.  (Note:  Post has explained to the 
GOJ that Megaports is not a reciprocal program; however, to 
address GOJ concerns, DHS-CBP has offered inspections of 
suspect containers through CBP's Container Security 
Initiative.  Japan Customs maintains a presence under the CSI 
program at Long Beach.  Post has raised on several occasions 
with MOFA and other GOJ officials that the USG would handle 
any "reciprocity" separately from Japan's Megaports 
Initiative.  End note.) 
 
Sharing Megaports Scan Data 
--------------------------- 
 
¶3.  (SBU) MOFA indicated the GOJ will launch its Megaports 
Initiative pilot project at the Port of Yokohama March 2, but 
because the GOJ has not received a USG response on its 
proposed "Memorandum to Provide Information on Megaports 
Initiative Pilot Project," it will delay providing 
scanning-related information at the outset.  The GOJ 
reiterated its request for USG comments on the Japan-to-U.S. 
portion of the Memorandum (see para 4 for text).  (Note:  Per 
ref B, the GOJ originally asked for USG input to the 
Memorandum by February 6.  End note.)  The GOJ in particular 
seeks clarification about the type of scan data GOJ officials 
would be expected to provide, she explained. 
 
Mechanism for Sharing Scan Data 
------------------------------- 
 
¶4.  (SBU) Sasai explained the GOJ considers the Megaports 
Initiative to fall under the Customs Mutual Assistance 
Agreement (CMAA), which allows customs-to-customs information 
exchanges between the U.S. and Japan.  In previous 
discussions, the GOJ indicated that under the CMAA, MOF Japan 
Customs would pass scan data to DHS-CBP, which would share 
the information with the Department of Energy (DOE).  Japan 
Customs has stated no mechanism exists to share information 
directly with DOE. 
 
Comment 
------- 
 
¶5.  (SBU) In advance of DOE's Megaports technical team's 
March 10-11 visit to Japan to discuss the pilot project, a 
 
TOKYO 00000468  002 OF 003 
 
 
clear gap remains between the USG and GOJ expectations 
concerning "reciprocity" as well as the content and mechanism 
for Megaports information-sharing.  Post recommends 
Washington and the technical team provide detailed responses 
to the GOJ's Memorandum during or before the DOE visit, in 
order to encourage the GOJ to provide information on the 
pilot project.  End comment. 
 
¶6.  (SBU) Begin text: 
 
"Memorandum to Provide Information on Megaport Pilot Project" 
from Japan to U.S.: 
 
¶1. Cargoes to be informed 
The Japan Customs will provide information when the cargoes 
meet all the conditions as follows. 
- Container cargoes destined for US at Minami Honmoku Terminal 
- Cargoes operated secondary inspection by the Japan Customs 
 
¶2. Information Items 
Information items are as follows. 
(1) Cargo information 
      1) Container No./ Seal No. 
      2) Description of goods 
      3) Quantity 
      4) Shipper (Name and address) 
      5) Consignee (Name and address) 
      6) Vessel (Name and call sign) 
      7) Expected time on departure 
There may be cases where it is difficult for the Japan 
Customs to provide information no. 4)-7) due to time 
constraint. 
(2) Reports on primary inspection 
      1) Inspection date 
      2) RPM readings 
            BG:  cps or  level 
            Gamma:  cps 
            Neutron:  cps 
(3) Reports on secondary inspection 
      1) Inspection date 
      2) RIID readings 
            Gamma:  Sv/h 
            Neutron:  cps 
      3) Identified radionuclide 
(4) Response 
 
¶3. The way for the Japan Customs to provide information 
CSCC (Customs Surveillance and Control Center) officers 
provide information to the US Customs and Border Protection 
(CBP) officer stationing at Yokohama port the next day. 
 
¶4. The ways for CBP to provide information to DOE 
The US CBP officer at Yokohama port provides DOE information 
through CBP in the US. 
Information on MI is provided based on the Agreement (CMAA) 
and shall only be used by the Customs Administrations, unless 
the Japan Customs providing the information has approved in 
writing its use by other authorities.  Even in such cases it 
is necessary to follow the requirements below in providing 
information to DOE. 
- To maintain the confidentiality of information received 
- Never provide information received to third parties 
- Information received shall only be used for the purpose of 
MI 
- To submit a request through the diplomatic channels when 
using such information as evidence for criminal 
investigation, prosecution or judicial proceeding, including 
grand jury proceeding 
CMAA (Customs Mutual Assistance Agreement): Agreement between 
the government of Japan and the government of the United 
States of America regarding Mutual Assistance between customs 
administrations 
 
ARTICLE 9 
 
 
TOKYO 00000468  003 OF 003 
 
 
¶1. Information received pursuant to this Agreement shall only 
be used for the purposes specified in Article 2, paragraph 1, 
of this Agreement and by the Customs Administrations, unless 
the Customs Administration providing the information has 
expressly approved in writing its use by other authorities. 
 
End Text. 
ZUMWALT