[Senate Treaty Document 114-1]
[From the U.S. Government Publishing Office]




114th Congress     }                                {       Treaty Doc.
                                 SENATE 
 1st Session       }                                {             114-1                                                                  
_______________________________________________________________________

                                     

 
            PROTOCOL AMENDING THE TAX CONVENTION WITH JAPAN

                               __________

                                MESSAGE

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

  THE PROTOCOL AMENDING THE CONVENTION BETWEEN THE GOVERNMENT OF THE 
UNITED STATES OF AMERICA AND THE GOVERNMENT OF JAPAN FOR THE AVOIDANCE 
OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO 
TAXES ON INCOME AND A RELATED AGREEMENT ENTERED INTO BY AN EXCHANGE OF 
NOTES (TOGETHER THE ``PROPOSED PROTOCOL''), BOTH SIGNED ON JANUARY 24, 
 2013, AT WASHINGTON, TOGETHER WITH CORRECTING NOTES EXCHANGED MARCH 9 
                           AND MARCH 29, 2013

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April 13, 2015.--Treaty was read the first time, and together with the 
accompanying papers, referred to the Committee on Foreign Relations and 
            ordered to be printed for the use of the Senate.
                                ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

49-112                         WASHINGTON : 2015             
            









            
            
                         LETTER OF TRANSMITTAL

                              ----------                              

                                   The White House, April 13, 2015.
To the Senate of the United States:
    I transmit herewith, for the advice and consent of the 
Senate to its ratification, the Protocol Amending the 
Convention between the Government of the United States of 
America and the Government of Japan for the Avoidance of Double 
Taxation and the Prevention of Fiscal Evasion with respect to 
Taxes on Income and a related agreement entered into by an 
exchange of notes (together the ``proposed Protocol''), both 
signed on January 24, 2013, at Washington, together with 
correcting notes exchanged March 9 and March 29, 2013. I also 
transmit for the information of the Senate the report of the 
Department of State, which includes an overview of the proposed 
Protocol.
    The proposed Protocol was negotiated to bring U.S.-Japan 
tax treaty relations into closer conformity with current U.S. 
tax treaty policy. For example, the proposed Protocol provides 
for an exemption from source-country withholding tax on all 
cross-border payments of interest, and updates the provisions 
of the existing Convention with respect to the mutual agreement 
procedure by incorporating mandatory arbitration of certain 
cases that the competent authorities of the United States and 
Japan have been unable to resolve after a reasonable period of 
time.
    I recommend that the Senate give early and favorable 
consideration to the proposed Protocol and give its advice and 
consent to its ratification.
                                                      Barack Obama.
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                          LETTER OF SUBMITTAL

                              ----------                              

                                       Department of State,
                                      Washington, February 6, 2014.
The President,
The White House.
    The President: I have the honor to submit to you, (with a 
view to their transmission to the Senate for advice and consent 
to ratification), the Protocol Amending the Convention between 
the Government of the United States of America and the 
Government of Japan for the Avoidance of Double Taxation and 
the Prevention of Fiscal Evasion with respect to Taxes on 
Income and a related agreement entered into by exchange of 
notes (together the ``proposed Protocol''), both signed on 
January 24, 2013, in Washington, together with correcting notes 
exchanged March 9 and March 29, 2013.
    The proposed Protocol was negotiated to bring U.S.-Japan 
tax treaty relations into closer conformity with current U.S. 
tax treaty policy. For example, the proposed Protocol provides 
for an exemption from source-country withholding tax on all 
cross-border payments of interest, and updates the provisions 
of the existing Convention with respect to the mutual agreement 
procedure by incorporating mandatory arbitration of certain 
cases that the competent authorities of the United States and 
Japan have been unable to resolve after a reasonable period of 
time. An overview of key provisions of the proposed Protocol is 
enclosed with this report.
    The proposed Protocol is self-executing. The Department of 
the Treasury and the Department of State cooperated in the 
negotiation of the proposed Protocol, and the Department of the 
Treasury joins the Department of State in recommending that the 
proposed Protocol be transmitted to the Senate as soon as 
possible for its advice and consent to ratification.
    Respectfully submitted.
                                                     John F. Kerry.
    Enclosures: As stated.
    
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