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Exchange of Notes (June 5 and 12, 1953) between Canada and India constituting an Agreement regarding the Inspection of Supplies and Equipment purchased in Canada by India [1953] CATSer 3 (12 June 1953)

E100920 - CTS 1953 No. 9

EXCHANGE OF NOTES BETWEEN CANADA AND INDIA CONSTITUTING AN AGREEMENT REGARDING THE INSPECTION OF SUPPLIES AND EQUIPMENT PURCHASED IN CANADA BY INDIA

I

The High Commissioner for India to the Secretary of State for External Affairs of Canada

OFFICE OF THE HIGH COMMISSIONER FOR INDIA

OTTAWA, June 5th, 1953

Excellency,

I have the honour to refer to the suggestion put forward in recent correspondence that it would be desirable to confirm by an exchange of notes the inspection, prior to shipment to India, of supplies and equipment purchased by my Government in Canada. It is my understanding that the Government of Canada would be prepared to arrange for the inspection - desired by the Government of India - of such supplies and equipment, by the Inspection Services of the Department of National Defence in Canada, under the following conditions:-

1. The supplies and equipment shall be deemed to include - but not be limited to - arms and ammunition, vehicles and MT stores and other stores and equipment.

2. The inspection certificate shall be issued by competent technicians attached to or employed by the said Inspection Services in Canada and the inspections shall in all cases be completed within a reasonable time after the receipt of a written request for inspections from the High Commissioner for India in Canada who will provide the drawings, description, number and specifications, or otherwise samples, and the location of articles to be inspected. Where drawings or specifications issued by the United Kingdom or the United States in respect of certain items/stores are held by the Canadian Inspection Services, subject to restrictions on their use, the High Commissioner will obtain the consent of the Government of the United Kingdom or the United States of America, as the case may be, for the use of the said drawings and specifications in connection with the inspection of the aforesaid items/stores. The Inspection Services of the Department of National Defence of Canada will undertake to reproduce the required number of copies of those drawings and specifications which the High Commissioner provides or for the use of which the Government of India obtains permission, it being understood that such consent will be forwarded direct to the Government of Canada by the Government of the United Kingdom or the United States, as the case may be, through normal diplomatic channels.

3. The Inspection Service shall apply, for the acceptance or rejection of the equipment and supplies, the criteria and conditions of acceptance applicable in the case of inspection of the supplies and equipment purchased or contracted for the Canadian Armed Forces.

4. The Government of India shall reimburse to the Government of Canada the costs of inspection at the following rates:-

(a) for the inspection of any supplies or equipment other than MT stores:- 3% of the actual invoiced purchase cost, at delivery, of the supplies and equipment inspected;

(b) for the inspection of MT stores:- 1½% of the actual invoiced purchase cost, at delivery, of the stores inspected.

5. In addition to the rates to be charged under sub-paragraphs (a) and (b) of paragraph 4 above, the Government of India shall reimburse the Canadian Government for the actual total cost incurred, including administrative costs, for the proofing of guns and other weapons and for the proof-firing of ammunition; such costs to be covered by invoices prepared by the Inspection Services of the Department of National Defence, on the basis of the reports submitted by the Inspection Services of the said Department.

6. The reimbursements referred to in paragraph 5 above shall be effected by payment in Canadian funds by cheque issued in the name of the Government of India payable to the order of the Receiver General of Canada not later than one month after the completion of the inspection and the research of the invoices.

7. The arrangements described above may be cancelled by either Government by giving a notice one month prior to the date of the effective cancellation.

If these proposals are acceptable to the Government of Canada, this note and your reply thereto accepting them shall constitute an agreement in this matter between our two Governments.

Accept, Excellency, the assurances of my highest consideration.

R. R. Saksena

II

The Secretary of State for External Affairs of Canada to the High Commissioner for India

DEPARTMENT OF EXTERNAL AFFAIRS

OTTAWA, June 12, 1953

No. D-22

Excellency,

I have the honour to refer to your Note of June 5, 1953 in which you propose arrangements for the inspection, prior to shipment to India, of supplies and equipment purchased by your Government in Canada.

The proposals in your Note are agreeable to the Government of Canada, and, therefore, in accordance with its terms, your Note and this reply constitute an agreement in this matter between our two Governments.

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

L. B. Pearson