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Exchange of Notes (April 28 and 30, 1952) between Canada and the United States of America constituting an Agreement relating to the Application of the NATO Status of Forces Agreement of June 19, 1951, to the United States Forces in Canada including those at the Leased Bases in Newfoundland and at Goose Bay, Labrador [1953] CATSer 6 (27 September 1953)

E100961 - CTS 1952 No. 14

EXCHANGE OF NOTES BETWEEN CANADA AND THE UNITED STATES OF AMERICA CONSTITUTING AN AGREEMENT RELATING TO THE APPLICATION OF THE NATO STATUS OF FORCES AGREEMENT OF JUNE 19, 1951, TO THE UNITED STATES FORCES IN CANADA INCLUDING THOSE AT THE LEASED BASES IN NEWFOUNDLAND AND AT GOOSE BAY, LABRADOR

I

The Secretary of State of the United States of America to the Canadian Ambassador to the United States of America

Excellency:

I have the honor to refer to recent negotiations between representatives of our Governments at which agreement was reached regarding the application of the North Atlantic Treaty Organization Status of Forces Agreement (signed June 19, 1951) to the United States Forces at the leased bases in Newfoundland and at Goose Bay, Labrador.

In common with the Government of Canada, the United States Government wishes the NATO Status of Forces Agreement to apply to all United States forces throughout Canada, including those at the leased bases, when, pursuant to Article 18, the NATO Status of Forces Agreement has come into effect in respect of both Canada and the United States. As the Canadian Government is aware, however, the United States Government attaches great importance to the maintenance of certain arrangements at the leased bases under the Leased Bases Agreement of 1941, as modified as a result of the recommendations of March 30, 1950 by the Permanent Joint Board on Defense. These arrangements concern the operation of institutions under government control known as post exchanges, ships service stores, commissary stores and service clubs for the use of the United States forces, civilian employees who are United States nationals employed by the United States Government in connection with the bases or members of their families resident with them and not engaged in any business or occupation in Canada. The provisions of the Leased Bases Agreement concerning tax and customs exemptions, modified in accordance with the recommendations of the Permanent Joint Board on Defense, are also satisfactory. The United States Government does not, therefore, wish to alter these arrangements.

Subject to the concurrence of the Canadian Government in the foregoing, the United States Government agrees that the NATO Status of Forces Agreement should be made applicable to all United States forces in Canada, including those at the leased bases and at Goose Bay, it being understood that those provisions of the Leased Bases Agreement which deal with the matters covered in the NATO Status of Forces Agreement will be held in abeyance until the NATO Status of Forces Agreement is terminated through expiration or denunciation. It is understood that the provisions of the Leased Bases Agreement dealing with matters not covered in the NATO Status of Forces Agreement will be unaffected.

Both the United States Government and the Canadian Government agree that uniform treatment of United States forces throughout Canada under the NATO Status of Forces Agreement would be in the interests of both countries and would make for simplification of administration.

If the foregoing is acceptable to your Government, this note and your reply thereto shall constitute an agreement between our Governments, to come into force when the NATO Status of Forces Agreement has come into effect in respect of both Canada and the United States.

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

Dean Acheson.

II

The Canadian Ambassador to the United States of America to the Secretary of State of the United States of America

WASHINGTON, D.C., April 30, 1952

No. 310

Sir,

I have the honour to refer to your note dated April 28 and to confirm that the Canadian Government agrees that when the NATO Status of Forces Agreement has come into effect in respect to both Canada and the United States it shall be made applicable to all United States forces in Canada, including those at the leased bases in Newfoundland and at Goose Bay. The Canadian Government also confirms the understanding that those provisions of the Leased Bases Agreement which deal with the matters covered in the NATO Status of Forces Agreement will be held in abeyance until the NATO Status of Forces Agreement is terminated through expiration or denunciation, and that the provisions of the Leased Bases Agreement dealing with matters not covered in the NATO Status of Forces Agreement will be unaffected.

The Canadian Government notes the importance attached by the United States Government to the maintenance of certain arrangements at the leased bases under the Leased Bases Agreement of 1941, as modified as a result of the recommendations of March 30, 1950 by the Permanent Joint Board on Defense. The Canadian Government agrees, therefore, that the NATO Status of Forces Agreement shall not affect these arrangements.

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

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