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Exchange of Notes (September 23 and October 9 and 12, 1942) between Canada and Chile extending the provisional application of the Trade Agreement of September 10, 1941 [1942] CATSer 9 (15 October 1942)

E104697 CTS 1942 No. 15

EXCHANGE OF NOTES (September 23 and October 9 and 12, 1942) BETWEEN CANADA AND CHILE EXTENDING THE PRO­VISIONAL APPLICATION OF THE TRADE AGREEMENT OF SEPTEMBER 10, 1941

I

The Secretary of State for External Affairs of Canada to the Chilean Minister to Canada

DEPARTMENT OF EXTERNAL AFFAIRS

OTTAWA, September 23, 1942

No. 4

Sir,

I have the honour to refer to the Trade Agreement between Canada and Chile signed in Santiago on September 10, 1941.

Article IX of this Agreement reads as follows:

“1. The present Agreement shall be ratified and the instruments of ratification shall be exchanged at Ottawa as soon as possible. The Agree­ment shall come into force thirty days after the exchange of ratifications and shall remain in force for a period of two years. In case neither Government shall have given to the other Government, at least six months before the expiration of the aforesaid period, notice of intention to term­inate this Agreement, it shall be renewed automatically for a further period of one year and for further successive periods of one year each, until such time as the Government of either country shall have given to the other Government, at least six months before the expiration of one of the aforesaid periods, notice of intention to terminate the Agreement.

2. Pending the definitive coming into force of this Agreement, its provisions shall be applied provisionally by the two Governments for a period of one year as from October 15, 1941. If on the expiration of this period the exchange of ratifications has not been made, the two Govern­ments shall consult one another regarding the extension of the provisional application of this Agreement.”

On April 25, 1942, the Canadian Minister to Chile informed your Govern­ment that the Canadian Government was prepared to exchange the instruments of ratification. In reply your Government, in a note of May 13, stated that the National Congress had been requested to approve of the Agreement and that it was expected that this approval would be given during the course of the next Session.

I should be grateful if you would let me know whether your Government will be ready to exchange ratifications before October 15, 1942. If your Gov­ernment will be unable to exchange ratifications before October 15, 1942, I suggest that arrangements should be made for the extension of the provisional application of the Agreement.

Accept, Sir, the renewed assurances of my highest consideration.

N. A. Robertson,
For the Secretary of State for External Affairs

II

The Chilean Minister to Canada to the Secretary of State for External Affairs of Canada

CHILEAN LEGATION

OTTAWA, October 9, 1942

No. 32

Sir,

I have the honour to refer to your Note No. 4 of September 23, in relation to the Trade Agreement between Chile and Canada and the indicated references to Art. IX of said Agreement.

After having consulted with my Government, they communicate me that the National Congress did not have the opportunity to ratify the Agreement in its ordinary sessions, which have just finished, but that it shall be ratified in the next extraordinary session. Meanwhile the Government of Chile would agree to extend for one year the provisional application of the Agreement, which coincides with the kind suggestion of your Government.

The moment I receive the necessary documentation I shall have the honour to get in touch with you.

Accept, Sir, the renewed assurances of my highest consideration.

Edo Grove,
Minister for Chile

III

The Secretary of State for External Affairs of Canada to the Chilean Minister to Canada

DEPARTMENT OF EXTERNAL AFFAIRS

OTTAWA, October 12, 1942.

No. 7

Sir:

I have the honour to refer to your Note No. 32 of October 9 concern­ing the extension of the provisional application of the Trade Agreement between Canada and Chile. In your note you state that the Government of Chile would agree to extend the provisional application of the Agreement for a period of one year as from October 15, 1942.

The Canadian Government also agrees to an extension of this period.

I understand that my Note No. 4 of September 23, your Note No. 32 of October 9, and this reply constitute an agreement between our two Governments on the extension of the provisional application of the Trade Agreement.

Accept, Sir, the renewed assurances of my highest consideration.

N. A. Robertson,
For the Secretary of State for External Affairs