SECOND PROTOCOL CONCERNING TRADE RELATIONS BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND JAPAN

　SECOND PROTOCOL CONCERNING TRADE RELATIONS BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND JAPAN

　At the time of signing the Treaty of Commerce, Establishment and Navigation between the United Kingdom of Great Britain and Northern Ireland and Japan (hereinafter referred to as "the Treaty"), the undersigned Plenipotentiaries, duly authorised thereto, have agreed as follows:

(1) In case import restrictions have been continuously enforced by either Contracting Party with regard to any specific product and the sudden removal of import restrictions on such product of the other Contracting Party would result in serious injury to domestic producers of the former Contracting Party of like or directly competitive products, the importing Contracting Party may continue to apply import restrictions, notwithstanding the provisions of Article 17 of the Treaty, to any such products mentioned in agreements which are to be concluded in accordance with the present Protocol in such manner and under such conditions as may be specified in the said agreements.

(2) The Governments of the Contracting Parties shall review the operation of the agreements made in accordance with paragraph (1) above, with a view to ensuring order]y development of the trade between the Contracting Parties, at any time upon the request of the Government of either Contracting Party, and not less frequently than once a year unless otherwise mutually agreed.

(3) The present Protocol shall be ratified and the instruments of ratification shall be exchanged at Tokyo as soon as possible. It shall thereafter come into force on the date of the coming into force of the Treaty. It shall terminate when the Treaty is terminated in accordance with the provisions of Article 33     thereof or at any time earlier when there are no longer any import restrictions in force under the present Protocol.

　In witness whereof the respective Plenipotentiaries have signed the present Protocol and have affixed thereto their seals.

　Done in duplicate at London, this Fourteenth day of November, 1962, in the English and Japanese languages, both texts being equally authoritative.

　For Japan:
Katsumi Ohno

　For the United Kingdom of Great Britain and Northern Ireland:
Home
F. J. Erroll

　November 14, 1962.

　Your Excellency, 
I have the honour to refer to the recent discussions between representatives of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Japan relative to the Treaty of Commerce, Establishment and Navigation and the Second Protocol concerning Trade Relations, signed today. It is the understanding of the Governemnt of the United Kingdom that as a result of these discussions, agreement has been reached in the following terms:

　The Government of the United Kingdom may continue to restrict imports of products originating in Japan shown in the first column of the attached schedule, subject to the following conditions:

(a) During the period commencing on the date of coming into force of the Treaty and ending on 31st December, 1936, the Government of the United Kingdom shall issue licences so as to allow importation of Japanese products at the annual rate indicated against each product in the column headed "1963";

(b) During succeeding years the amounts to be licensed annually for each product shall be those indicated in the appropriate column of the schedule;

(c) Where no amounts are shown in the schedule for a year, the amounts to be licensed for that year will be determined, aiming at reasonable increase, under the agreement of the two Governments. If no agreement is reached on a higher level, the amounts to be licensed for thar year shall be at least those agreed as the amounts for the preceding year;

(d) Restrictions may not be retained on any product after the date shown against that product in the column of the schedule under the heading "Date of liberalisation".

　If the foregoing equally represents the understanding of the Government of Japan in this matter, I have the honour to propose that the present Note together with our Excellency's reply to that effect shall be regarded as constituting an Agreement between the two Governments concluded in accordance with the afore-mentioned Protocol and that it shall come into force on the date of coming into force of the Protocol.

　I have the honour to be, with the highest consideration,

　Your Excellency's obedient Servant, 
Home

　His Excellency, Mr. Katsumi Ohno, etc., etc., etc., 44/46 Grosvenor Street W. 1.

　14th November 1962

　My Lord, I have the honour to acknowledge receipt of Your Lordship's Note of today's date, which reads as follows;

　I have the honour to refer to the recent discussions between representatives of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Japan relative to the Treaty of Commerce, Establishment and Navigation and the Second Protocol concerning Trade Relations, signed today. It is the understanding of the Government of the United Kingdom that as a result of these discussions, agreement has been reached in the following terms:

　The Government of the United Kingdon may continue to restrict imports of products originating in Japan shown in the first column of the attached schedule, subject to the following conditions:

(a) During the period commencing on the date of coming into force of the Treaty and ending on 31st December, 1963, the Government of the United Kingdom shall issue licences so as to allow importation of Japanese products at the annual rate indicated against each product in the column headed "1963"

(b) During succeeding years the amounts to be licensed annually for each product shall be those indicated in the appropriate column of the schedule;

(c) Where no amounts are shown in the schedule for a year, the amounts to be licensed for that year will be determined, aiming at reasonable increase, under the agreement of the two Governments. If no agreement is reached on a higher level, the amounts to be licensed for that year shall be at least those agreed as the amounts for the preceding year;

(d) Restrictions may not be retaind on any product after the date shown against that product in the column of the schedule under the heading "Date of liberalisation".

　If the foregoing equally represents the understanding of the Government of Japan in this matter, l have the honour to propose that the present Note together with Your Excellency's reply to that effect shall be regarded as constituting an Agreement between the two Governments concluded in accordance with the aforementioned Protocol and that it shall come into force on the dete of coming into force of the Protocol.

　I have the honour to inform Your Lordship that the foregoing equally represents the undersanding of the Government of Japan, who therefore regard Your Lordship's Note and the present Note as constituting an Agreement between the two Governments concluded in accordance with the Second Protocol concerning Trade Relations, the Agreement to come into force on the date of comming into force of the Protocol.

　I avail myself of this opportunity to renew to Your Lordship the assurances of my highest consideration.

　Katsumi Ohno

　The Right Honourable the Earl of Home, K. T.,
Her Majesty's Principal Secretary of State for Foreign affairs, Foreign Office, London, S. W. 1.