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Exchange of Notes (March 1st and 15, 1948) between Canada and Turkey constituting a Commercial Modus Vivendi between the two countries [1948] CATSer 2 (15 March 1948)

E100599 - CTS 1948 No. 5

EXCHANGE OF NOTES BETWEEN CANADA AND TURKEY CONSTITUTING A COMMERCIAL MODUS VIVENDI BETWEEN THE TWO COUNTRIES

I

The Secretary of State for External Affairs to the Ambassador of Turkey

DEPARTMENT OF EXTERNAL AFFAIRS

OTTAWA, March 1, 1948

No. 9

Excellency:

Conforming to the desire of the Government of Turkey and the Government of Canada to extend and increase the flow of trade between their two countries, I have the pleasure to propose to Your Excellency, on behalf of the Canadian Government, the following Commercial Modus Vivendi:

1. Articles, the growth, produce or manufacture of Turkey shall not, on importation into Canada, be subject to higher duties or charges than those levied or which may hereafter be levied on like articles, the growth, produce or manufacture of any other foreign country.

2. The advantages now accorded, or which may hereafter be accorded by Canada exclusively to other territories under the sovereignty of His Majesty the King of Great Britain, Ireland, and the British dominions beyond the Seas, Emperor of India, or under His Majesty's suzerainty, pro­tection or mandate, shall be excepted from the operation of this agreement.

3. Articles, the growth, produce or manufacture of Canada shall not, on importation into Turkey, be subject to higher duties or charges than those levied or which may hereafter be levied on like articles, the growth, produce or manufacture of any other foreign country.

4. The advantages now accorded, or which may hereafter be accorded, by Turkey to countries which were separated from the Ottoman Empire in 1923, namely, Syria, Lebanon, Palestine, Transjordan, Iraq, Saudi Arabia, Yemen and Egypt, and the privileges now accorded, or which may hereafter be accorded, by Canada and Turkey to adjacent countries in order to facilitate frontier traffic, shall be excepted from the operation of this agreement.

5. Articles, the growth produce or manufacture of either country imported into the other shall in no case be subject in matters concerning customs duties and subsidiary charges, or as regards the methods of levying such duties and the rules and formalities connected with importation, and with respect to the laws and regulations affecting the taxation, sale, distribu­tion or use of imported goods, to any duties, taxes or charges other or higher, or to any rules or formalities other or more burdensome than those to which the like articles the growth, produce or manufacture of any third foreign country are or may hereafter be subject.

6. It is understood that the present Note and Your Excellency's reply will constitute an Agreement between the two Governments which will enter into force on the date of your reply. This Modus Vivendi shall remain in force for one year and thereafter shall remain in force subject to termination by either Government at any time on giving three months' notice.

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

Louis-S. St-Laurent

II

The Ambassador of Turkey to the Secretary of State for External Affairs

TURKISH EMBASSY

OTTAWA, March 15, 1948

No. 1267-59

Sir,

I have the honour to acknowledge receipt of your Note dated March 1st, 1948, which reads as follows:

"Conforming to the desire of the Government of Turkey and the Government of Canada to extend and increase the flow of trade between their two countries, I have the pleasure to propose to Your Excellency, on behalf of the Canadian Government the following Commercial Modus Vivendi:

1. Articles, the growth, produce or manufacture of Turkey shall not, on importation into Canada, be subject to higher duties or charges than those levied or which may hereafter be levied on like articles, the growth, produce or manufacture of any other foreign country.

2. The advantages now accorded, or which may hereafter be accorded by Canada exclusively to other territories under the sovereignty of His Majesty the King of Great Britain, Ireland, and the British dominions beyond the Seas, Emperor of India, or under His Majesty's suzerainty, pro­tection or mandate, shall be excepted from the operation of this agreement.

3. Articles, the growth, produce or manufacture of Canada shall not, on importation into Turkey, be subject to higher duties or charges than those levied or which may hereafter be levied on like articles, the growth, produce or manufacture of any other foreign country.

4. The advantages now accorded, or which may hereafter be accorded, by Turkey to countries which were separated from the Ottoman Empire in 1923, namely, Syria, Lebanon, Palestine, Transjordan, Iraq, Saudi Arabia, Yemen and Egypt, and the privileges now accorded, or which may hereafter be accorded, by Canada and Turkey to adjacent countries in order to facilitate frontier traffic, shall be excepted from the operation of this agreement.

5. Articles, the growth, produce or manufacture of either country imported into the other shall in no case be subject in matters concerning customs duties and subsidiary charges, or as regards the methods of levying such duties and the rules and formalities connected with importation, and with respect to the laws and regulations affecting the taxation, sale, distribu­tion or use of imported goods, to any duties, taxes or charges other or higher, or to any rules or formalities other or more burdensome than those to which the like articles the growth, produce or manufacture of any third foreign country are or may hereafter be subject.

6. It is understood that the present Note and Your Excellency's reply will constitute an Agreement between the two Governments which will enter into force on the date of your reply. This Modus Vivendi shall remain in force for one year and thereafter shall remain in force subject to termination by either Government at any time on giving three months' notice."

I have the honour, on behalf of the Turkish Government, to accept the Modus Vivendi as proposed in the above Note.

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

Muzaffer Goker