Partnership between Japan's Ministry of Economy, Trade and Industry and Australia's Department of Industry, Science and Resources and Department of Foreign Affairs and Trade Concerning Critical Minerals

October 22, 2022
Japan’s Ministry of Economy, Trade and Industry and Australia’s Department of Industry, Science and Resources and Department of Foreign Affairs and Trade (hereinafter referred to as ‘the Participants’),

Desiring to enhance their partnership in the area of critical mineral supply chains;

Have reached the following recognition:

Paragraph 1

This Partnership between the Participants (hereinafter referred to as ‘this Partnership’) provides a framework for building secure critical mineral supply chains between Japan and Australia and for promoting investment and other areas of collaboration for Japan and Australia’s mutual benefit. To that end, the Participants will work together to facilitate commercial arrangements, to develop Australia’s domestic critical minerals sector, to ensure Japan has the supply of critical minerals required for its advanced manufacturing industry, to meet Japan and Australia’s respective emissions targets and in support of each countries’ economic security objectives.

Paragraph 2

The Participants will seek to achieve the following objectives:

a. Explore partnership opportunities in critical minerals, reflecting each countries’ respective national objectives and institutional capabilities and strategies.

b. Share information, knowledge, and experiences to support critical minerals supply chains and recycling, which may contribute to the development of each countries’ supply chains.

c. Explore co-financing critical minerals projects of mutual interest and benefit, including to catalyse private-sector investment in areas of need.

d. Closely cooperate on environmental, social and governance standards, including coordination in international fora where appropriate.
Paragraph 3
Forms of cooperation

The Participants will also cooperate on non-project focussed areas including, but not limited to:

a. Research and development.

b. Sharing information on legislative or regulatory updates.

c. Countering disinformation against our respective companies’ efforts to diversify supply chains.

d. Other supply chain vulnerabilities.

e. Streamlining of permitting processes.

Paragraph 4
Private sector involvement

The Participants, in collaboration with relevant agencies, will seek to facilitate business-to-business links in critical minerals.
Paragraph 5
The Participants will undertake the following to implement this Partnership:

a. Share any requested information to enable implementation of this Partnership.

b. Establish an officials’ level bilateral working group specialised on critical minerals under the broader auspices of the Japan-Australia Energy and Resources Dialogue (JAERD). The Participants will seek to invite representatives from relevant government agencies, companies, research institutions, financial organisations, and others, to information sharing meetings, as needed. Arrangements for working group meetings will be determined through discussion between the Participants.

c. Any other matters will be jointly consented by the Participants.
Paragraph 6
Intellectual Property and confidentiality

Intellectual property, data and information generated in the process of carrying out cooperative activities under this Partnership will be treated in accordance with the domestic intellectual property laws of Japan and Australia, as well as international treaties.
Any disclosure of confidential materials and information produced in the process of carrying out cooperation under this Partnership will be jointly confirmed in writing between the Participants.
Paragraph 7

This Partnership may be revised at any time by the mutual written consent of the Participants.
Paragraph 8
This Partnership may be terminated by either Participant giving at least six months’ written notice to the other Participants. The Participants will consult to determine how outstanding matters should be dealt with.
Paragraph 9

Any disputes about the interpretation or application of this Partnership will be resolved by consultations between the Participants and will not be referred to any national or international tribunal or third party for settlement.
Paragraph 10

1. This Partnership will commence on the date it has been signed on behalf of the Participants and will continue until terminated in line with Paragraph 8.

2. This Partnership represents the recognition reached between the Participants and does not create any legally binding rights or obligations.

Signed in duplicate at _____________ on ____ of _____________ 2022.

For and on behalf of the Ministry of Economy, Trade and Industry of Japan

Hirohide Hirai
Vice-Minister for International Affairs
Ministry of Economy, Trade and Industry of Japan

For and on behalf of the Department of Industry, Science and Resources and the Department of Foreign Affairs and Trade of Australia

The Hon Madeleine King MP
Minister for Resources
Minister for Northern Australia