January 6, 2000.

Mr. Thilo Bode
Executive Director
Greenpeace International
Keizersgracht 176
1016 DW Amsterdam
The Netherlands

Mr. Bode:

I acknowledge receipt of your letter of December 28, 1999.

The legal and scientific basis of Japan's whale research program in the Antarctic was clearly set out in my letter of December 27, 1999. I must therefore conclude that your continued misrepresentations of this research program along with inaccurate interpretations of the articles of the UNCLOS and other international law and your false descriptions of the collision between the Arctic Sunrise and the Nisshin Maru are part of Greenpeace's misleading fundraising propaganda.

In fact, Japan's whale research in the Antarctic is a right accorded to all Parties to the International Convention for the Regulation of Whaling by Article VIII thereof. Further, and contrary to your assertions, nothing in the UNCLOS, the IWC's Southern Ocean Sanctuary or the IWC's non-binding resolutions infringe on that right. The IWC's Southern Ocean Sanctuary is contrary to the Convention because it ignores Article V 2.which requires that regulations "(a) shall be such as are necessary to carry out the objectives and purposes of this Convention and to provide for the conservation, development, and optimum utilization of the whale resources; (b) shall be based on scientific findings;". Similarly, resolutions of the IWC urging its members to refrain from conducting research such as the resolution adopted at the 1999 meeting and referred to in your letter of December 28,1999, are contrary to the Convention since they request a sovereign state to give up its rights accorded by



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Article VIII of the Convention without scientific basis. In this regard, it is important to note that Articles of a Convention agreed to by contracting States cannot be changed by simple majority votes to adopt non-binding resolutions. The resolution referred to above also ignores the substantial scientific contribution of Japan's whale research program as noted by IWC's Scientific Committee.

Again, contrary to your description, the collision between the Arctic Sunrise and the Nisshin Maru was the result of the reckless and unnecessary approach of the Arctic Sunrise for Greenpeace's own publicity purposes. Your statements that this collision was the fault of the Nisshin Maru and that the Nisshin Maru was in breach of maritime law contradict the facts. I would also point out that the freedom of navigation on the high seas which you are claiming does not include the right to trespass or the right to commit other violent and illegal acts which have been a part of the current Greenpeace campaign against our whale research program. As I noted in my letter of December 27, 1999, we will not be deterred by the activities of Greenpeace. Your donating public deserves to know the facts of these matters.

Seiji Ohsumi
Director General

cc: Sanae Shida, Executive Director, Greenpeace Japan

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