Exchange of Notes between the Government of Canada and the Government of Norway concerning the Organization of the Canada-Norway Defence Science Information Exchange Project [1960] CATSer 2 (24 May 1960)

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E102071 - CTS 1960 No. 11

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF NORWAY CONCERNING THE ORGANIZATION OF THE CANADA-NORWAY DEFENCE SCIENCE INFORMATION EXCHANGE PROJECT

The Ambassador of Canada to Norway to the Minister for Foreign Affairs of Norway

CANADIAN EMBASSY

OSLO, May 24, 1960

His Excellency Halyard Lange,
Minister for Foreign Affairs,
Royal Norwegian Ministry for Foreign Affairs
Oslo

Excellency:

I have the honour to refer to recent discussions between the Government of Norway and the Government of Canada concerning the exchange of defence science information.

The Government of Canada proposes that the establishment of a programme of exchange of information in defence science between our two countries be authorized under the terms and conditions set out in the attached Memorandum of Understanding.

If the foregoing proposal is acceptable, I have the honour to suggest that this Note and Your Excellency's reply to that effect shall constitute an Agreement between our two Governments which shall come into force on the date of Your Excellency's reply and shall remain in force until six months from the day on which either Government shall have given notice of termination to the other.

Please accept, Excellency, the renewed assurances of my highest consideration.

Robert A. Mackay,

Ambassador

Memorandum of Understanding between the Government of Canada and the Government of Norway for Exchange of Information in Defence Science

1. This memorandum of understanding sets forth the broad arrangement between the Government of Canada and the Government of Norway for the exchange of information for defence purposes in fields of defence research where such exchange will advance the defence science of those countries.

2. The fields of defence science and the specific projects to which this arrangement is applicable shall be those mutually agreed upon by the Chairman of the Defence Research Board on behalf of Canada and the Director of the Defence Research Establishment on behalf of Norway, who will establish the detailed arrangements for the exchange of defence science information to such extent as is permissible under the laws of their respective countries.

3. The undertakings pursuant to this arrangement shall be known as "Canada-Norway Defence Science Information Exchange Programme". The activity of scientific interchange within a particular and designated field of defence science will be known as a "Canada-Norway Defence Science Information Exchange Project".

4. Subject to the proviso in Paragraph 5, there will be a full exchange of technical information in those defence science areas to which both countries consider this arrangement applicable. Either country will arrange on request for mutually agreed representatives of the other country to have access to establishments, or other places where the scientific activity on agreed projects is being carried out, for the purpose of obtaining a complete disclosure of information on those projects.

5. The Government of Canada and the Government of Norway recognize that restrictions may be placed on the exchange of certain information where a third organization or country not a party to this agreement may be the originator. Exchange of such information will be contingent upon the approval of the non-participating originator. In turn, neither country will release information received under this agreement to a third organization or country without prior consent of the originator.

6. Existing and potential proprietary rights, where applicable, will be protected in accordance with the laws of either country, and no use will be made of information which might endanger these rights without prior agreement of the originator. The originator's prior agreement will be obtained before any information is used for non-military purposes. Information disclosing proprietary rights will be exchanged between the two countries under arrangement and procedures agreeable to both.

7. The necessary measures will be taken for the definition of the classified aspects of each project established for information exchange and for the allocation of agreed and appropriate security gradings. Classified information received under this arrangement will be given security protection by the recipient country equivalent to that afforded by the originating country, and will continue to be safeguarded after the termination of this arrangement in accordance with agreed security provisions and the additional provisions described in Paragraph 6 of this memorandum.

The Minister for Foreign Affairs of Norway to the Ambassador of Canada to Norway

I have the honour to acknowledge receipt of your Note of to-day's date, the terms of which are as follows:

I have the honour to state that the Norwegian Government agree to this arrangement and will regard your Note and this reply as placing on record the agreement between our respective Governments on these matters.

Canadian Treaty Series

Exchange of Notes between the Government of Canada and the Government of Norway concerning the Organization of the Canada-Norway Defence Science Information Exchange Project [1960] CATSer 2 (24 May 1960)