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Exchange of Notes (October 30, 1953) between Canada and the Federal Republic of Germany constituting an Agreement giving effect to the Convention between His Majesty and the President of the German Reich regarding Legal Proceedings in Civil and Commercial Matters signed at London, March 20, 1928 [1953] CATSer 8 (1 November 1953)

E101558 - CTS 1953 No. 17

EXCHANGE OF NOTES (October 30, 1953) BETWEEN CANADA AND THE FEDERAL REPUBLIC OF GERMANY CONSTITUTING AN AGREEMENT GIVING EFFECT TO THE CONVENTION BETWEEN HIS MAJESTY AND THE PRESIDENT OF THE GERMAN REICH REGARDING LEGAL PROCEEDINGS IN CIVIL AND COMMERCIAL MATTERS SIGNED AT LONDON, MARCH 20, 1928.

I

The Canadian Ambassador to the Federal Republic of Germany to the Minister for Foreign Affairs of the Federal Republic of Germany

CANADIAN EMBASSY

Bonn, October 30, 1953.

Excellency,

I have the honour to refer to recent discussions between representatives of the Ministry and of the Canadian Embassy concerning the Convention on Legal Proceedings in Civil and Commercial Matters concluded between the United Kingdom and Germany on March 20, 1928, The accession of Canada to this Convention in accordance with the provisions of Article 18a was modified by Her Britannic Majesty's Chargé d'Affaires on July 1, 1935. The accession came into effect on August 1, 1935.

Acting upon instructions from my Government I have the honour to propose that from November 1, 1953 effect, as between Canada and the Federal Republic of Germany, shall be given to the aforesaid Convention without modification. This Convention shall apply also to Land Berlin.

The authorities in the various Provinces and Territories of Canada to whom requests for service or for the taking of evidence should be transmitted and the language in which communications and translations should be made are as follows: -

If the Government of the Federal Republic of Germany is agreeable to the foregoing proposals, I have the honour to suggest that the present Note and your Excellency's reply to that effect should constitute an agreement between our two Governments to give effect from November 1, 1953 to the Convention of March 20, 1928.

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

T.C. Davis

II

The Under-Secretary of State for Foreign Affairs of the Federal Republic of Germany to the Canadian Ambassador to the Federal Republic of Germany

(Translation)

THE UNDER-SECRETARY OF THE FOREIGN OFFICE

BONN, October: 30, 1953.

Mr. Ambassador,

I have the honour to acknowledge receipt of your letter of today's date addressed to the Federal Minister for External Affairs.

On behalf of the Federal Government I wish to state my agreement to your suggestions concerning the putting into force of the German-British Agreement on legal proceedings as of March 20, 1928 (Official Gazette of the Reich No. II, Page 623) as between the Federal Republic of Germany and Canada.

I am pleased, Excellency, to avail myself of this opportunity to express the renewed assurances of my highest consideration.

Hallstein