CORRECTED TEXT - COMMERCIAL SATELLITE LICENSE

C O N F I D E N T I A L STATE 097377

SIPDIS

E.O. 12958: DECL: 09/08/2018
TAGS: ETTC JA KSCA KSTC PINR PREL TSPA
SUBJECT: CORRECTED TEXT - COMMERCIAL SATELLITE LICENSE
WAIVER REQUEST FOR JAPANESE MINISTRY OF DEFENSE

REF: 08 STATE 086921

Classified By: Classified By: ISN Acting DAS Eliot Kang
For reasons 1.4(b) and 1.4(d)

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NOTE: The information in this cable is a correction of 08
STATE 086921 (DTG 131633Z AUG 08). Substance has not changed
significantly. However, specific guidance is further
clarified to reflect updated interagency concurrence.
Additionally, this cable through its clarification addresses
initial questions raised by the GOJ recipient with regard to
the prior REFTEL. END NOTE
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1. (U) This is an action message. The Department requests
that the Embassy approach appropriate Government of Japan
officials at the earliest opportunity to seek certain written
assurances, as per paragraphs 4 - 7 below. This cable
contains proprietary information; please protect accordingly.



2. (C/PROPIN) A U.S. firm, DigitalGlobe, requests that
the U.S. Government modify the conditions of its commercial
remote sensing satellite operating license. This
modification would allow DigitalGlobe to directly downlink
certain high-resolution satellite imagery from its WorldView-
2 (WV-2) satellite to its Japanese Ministry of Defense (JMOD)
customer. DigitalGlobe proposes to directly downlink
panchromatic (PAN) satellite imagery with spatial
resolutions less than 0.50 meters (m) ground sample distance
(GSD) at nadir as well as multispectral (MS) imagery with
spatial resolutions less than 2.0m GSD at nadir. The U.S.
Government is prepared to approve this license modification
if certain assurances are received from the Government of
Japan, which include a provision that such data or products
will be provided the same protections currently afforded to
U.S. limited distribution or U.S.-origin classified
information, and the data will not be provided to any
entities other than those specifically identified, either
inside or outside of the Government of Japan, without prior
U.S. Governmental approval. The specific Government of Japan
entities initially approved are: (1) intelligence related
offices within the JMOD compound; (2) the National Security
Agencies of the Government of Japan; and (3) intelligence
related units in the Japanese Ground Self Defense Force, Air
Self Defense Force, and Maritime Self Defense Force.


3. (C/PROPIN) DigitalGlobe is also requesting a waiver
to allow the Director for Geospatial Imagery Intelligence
(GII) within the Japanese Ministry of Defense to receive
directly PAN satellite imagery with resolution of less than
0.50m GSD at nadir as well as MS imagery less than 2.0m GSD
at nadir from WV-2 within 24 hours from the time the data was
collected by the satellite. The U.S. Government is prepared
to approve this waiver if certain assurances are received
from the Government of Japan, which include a provision that
the Government of Japan will provide the same protections
currently afforded to U.S. limited distribution or U.S.-
origin classified information.


4. (C/PROPIN) ACTION: The Department requests that the
Embassy approach appropriate Government of Japan (GOJ)
officials at the earliest opportunity to seek written
assurances regarding GOJ use and protection of this
commercial high-resolution imagery (see Talking Points,
paragraph 8 below). If approved, DigitalGlobe would be
authorized to provide this high-resolution imagery
to specific entities within the Japanese Ministry of Defense
(JMOD) and would be authorized to provide imagery only to
JMOD's GII directorate during the initial 24 hour period.
Furthermore, this data will not be provided without prior
explicit approval by the U.S Government to any entity other
than the GII within 24 hours from the time the data was
collected by the satellite.


5. (C/PROPIN) The Government of Japan may ask to modify the
list of entities that could: a) receive imagery less than
0.50m GSD at nadir PAN or less than 2.0m MS GSD at nadir, or
b) receive such imagery within 24 hours. This would be done
on a case-by-case basis with the explicit approval of the
U.S. Government.


6. (U) The U.S. commercial data provider of satellite
imagery should be the point of contact when GOJ desires to
acquire prior written consent from the USG, such as in the
case of a requested modification to the list of approved
recipient entities. The data provider in turn will contact
the U.S. Department of Commerce National Oceanic and
Atmospheric Administration (NOAA) for an amendment to their
existing license, which would involve obtaining the necessary
written consent.


7. (U) Please report response and provide feedback to the
action officer in ISN - Miguel Green, phone: 202-647-3529,
email: GreenMD@state.gov. The Department in Washington DC
sincerely thanks Post for its flexibility and assistance in
this matter.



Talking Points




8. (C/REL JAPAN) Begin Talking Points:

-- A U.S. commercial satellite remote sensing firm,
DigitalGlobe, has asked the U.S. Government to approve
provision of PAN data or products at less than 0.50m GSD at
nadir or MS data or products less than 2.0m GSD at nadir for
specific entities within the Japanese Government use, i.e.,
(1) intelligence related offices within the JMOD compound;
(2) the National Security Agencies of the Government of
Japan; and (3) intelligence related units in the
Japanese Ground Self Defense Force, Air Self Defense Force,
and Maritime Self Defense Force. They have also requested a
waiver from the USG-licensed 24-hour data dissemination delay
requirements on the delivery of this data to Geospatial
Imagery Intelligence (GII).

--As a policy matter, the U.S. Government is willing to
consider such requests for data and products provided to the
Government of Japan if the U.S. Government receives end-use
assurances (see paragraph 9 below). Therefore, if the
Government of Japan would like to receive high-resolution
imagery and would like the 24-hour data dissemination delay
waived, then the U.S. Government requests written assurances
from the Government of Japan regarding the Government of
Japan,s use and protection of this imagery.

-- These assurances would supersede those made by the
Government of Japan on May 9, 2005, as represented by Ro
Manabe, Director of Defense Intelligence Division, Bureau of
Defense Policy, Japan Defense Agency. These assurances would
cover any data and products (including imagery) licensed by
the U.S. Government; moreover, it ensures special protection
of panchromatic data and products with resolutions of less
than 0.50m GSD at nadir and multispectral data and products
with resolutions of less than 2.0m GSD at nadir.

-- U.S. Government-approved entities referred to in the
assurances below include those entities specifically stated
in DigitalGlobe,s waiver authorization. However, we have
deliberately worded the assurances so that if additional
authorizations are approved by the U.S. Government subsequent
to the DigitalGlobe waivers, no new assurances will be needed
to allow agencies of the Government of Japan identified in
those authorizations for (1) access to the high-resolution
data and products with resolutions less than 0.50m GSD at
nadir PAN and 2.0m GSD at nadir MS, or (2) access to the
high-resolution imagery, as defined in the assurances, during
the initial 24 hours.



9. BEGIN TEXT OF ASSURANCES

The Government of Japan agrees and assures that:

High-resolution commercial remote sensing satellite imagery,
defined as that data licensed for use by the U.S. Government
and U.S. Government-approved entities, shall be provided only
to U.S. Government approved Government of Japan entities, and
will only be provided within 24 hours after the time of
imaging to those Japanese Government entities that have
received a USG waiver for the dissemination delay of such
data. The Government of Japan shall provide high-resolution
satellite imagery the same protections afforded U.S. Limited
Distribution or U.S.-origin classified information. Use of
high-resolution imagery and data products shall be only with
prior written consent of the U.S. Government.

High-resolution commercial remote sensing satellite
panchromatic (PAN) data with resolutions less than 0.50 meter
(m) ground sample distance (GSD) at nadir or multispectral
(MS) data with resolutions less than 2.0m GSD at nadir,
licensed for use by the U.S. Government and U.S. Government-
approved entities, shall be used only by the entities within
the Government of Japan explicitly approved by the U.S.
Government.

In the event that the U.S. Government is concerned that
imagery and/or imagery products have been used in
contravention of these assurances, the Government of Japan
shall consult with the USG concerning its use of imagery
and/or imagery products.

The Government of Japan is fully cognizant of the U.S.
Government,s concerns regarding the proliferation of timely,
high-resolution commercial imagery. The Government of Japan
recognizes that the provision of this imagery is provided in
accordance with U.S. law, regulations, and policies.

END TEXT OF ASSURANCES
RICE