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Agreement between the Government of Canada and the Government of the People's Republic of Bulgaria relating to the Settlement of Financial Matters; Exchange of letters concerning the establishment of diplomatic relations and of diplomatic and trade representation between the two countries; Exchange of notes concerning certain consular matters [1966] CATSer 5 (30 June 1966)

E101358 - CTS 1966 No.16

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BULGARIA RELATING TO THE SETTLEMENT OF FINANCIAL MATTERS

The Government of Canada and the Government of the People’s Republic of Bulgaria, in their desire to settle definitively financial questions pending between the two countries, have agreed as follows:

ARTICLE I

The Bulgarian Government shall pay to the Canadian Government the lump-sum of forty thousand Canadian dollars in full and final settlement of the claims of the Government of Canada, Canadian citizens and Canadian juridical persons against the Bulgarian Government in respect of property, rights, interests and debts in Bulgaria which have been affected directly or indirectly by Bulgarian measures of nationalization, expropriation or other similar measures which have taken effect before the date of the present agreement.

ARTICLE II

Payment of the lump-sum mentioned in Article I of the present agreement shall be made by the Bulgarian Government to the Canadian Government within two months from the date of signature of this agreement.

ARTICLE III

For the purpose of the present agreement, claims of Canada citizens and of Canadian juridical persons refer to claims which were owned by Canadian citizens or by Canadian juridical persons on the effective date of nationalization, expropriation or other similar measure and continuously thereafter until the date of the present agreement.

ARTICLE IV

The Canadian Government will consider as settled and discharged as between the Governments of Canada and Bulgaria all Claims mentioned in Article I of the present agreement, and the Canadian Government will not pursue, support or present to the Bulgarian Government any such claims whether or not they have already been brought to the attention of the Bulgarian Government. In respect of any measures of the type described in Article I of this Agreement, the Bulgarian Government agrees not to pursue, support or present to the Canadian Government any claims against the Canadian Government held by the Bulgarian Government, by Bulgarian citizens or by Bulgarian juridical persons which may have arisen prior to the date of signature of this agreement.

ARTICLE V

(1) The distribution of the amount mentioned in Article I falls within the exclusive competence and responsibility of the Canadian Government.

(2) To facilitate the distribution of this amount the Bulgarian Government shall, at the request of the Canadian Government, furnish as soon as possible such documents and such details of title and of value as are held by the appropriate Bulgarian authorities so as to enable the Canadian Government to determine any claims of Canadian citizens.

ARTICLE VI

The Government of Canada will continue to return, in accordance with Canadian law, upon submission to the Canadian Custodian of Enemy Property of such evidence of ownership as the Custodian may require, those assets which were vested in the Custodian in respect of Bulgarian nationals, and which are still held by the Custodian, provided that the requirements of Canadian law shall, in the opinion of the Canadian authorities, be met before April 30, 1970.

ARTICLE VII

The present agreement shall come into force upon the date of signature.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.

DONE in two copies at Ottawa this thirtieth day of June, 1966, in the English, French and Bulgarian languages, each version being equally authentic.

Paul Martin

FOR THE GOVERNMENT OF CANADA

Gero Grozev

FOR THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF BULGARIA

AGREED MINUTE

The Delegation of Canada and the Delegation of the People’s Republic of Bulgaria, pursuant to the Agreement between Canada and Bulgaria which was concluded on this day’s date by the Governments of the two countries for the settlement of claims of the Canadian Government, of Canadian citizens and of Canadian juridical persons, reached the understanding that nothing in the above Agreement shall be deemed to relate to any external bond obligations issued or guaranteed by the Bulgarian Government.

Paul Martin

Gero Grozev

Ottawa, June 30, 1966

III

The Head of the Delegation of the People’s Republic of Bulgaria to the Secretary of State for External Affairs

June 30, 1966

The Honourable Paul Martin,
Secretary of State for External Affairs,
Ottawa

Sir,

Referring to the discussions between the representatives of the Government of the People’s Republic of Bulgaria and the Government of Canada on consular matters, I have the honour to confirm the agreement reached on the following points:

1. The Bulgarian and Canadian authorities will give benevolent consideration on humanitarian grounds to applications by persons admissible respectively to Canada or Bulgaria who wish to emigrate in order to join members of their families in the other country.

2. The Bulgarian authorities, when considering in accordance with their laws an application for release from Bulgarian citizenship of a person who has acquired Canadian citizenship by naturalization, will take into account as a circumstance worthy of special consideration the fact that the applicant is a dual national normally resident in Canada. The Canadian authorities will accord complete reciprocity in corresponding cases.

3. A dual national (whether by birth or naturalization) of Bulgaria and Canada who visits Bulgaria on a Canadian passport furnished with a Bulgarian visa or who visits Canada on a Bulgarian passport furnished with a Canadian visa will not be denied permission to leave Bulgaria or Canada, respectively, on the ground that he possesses the citizenship of the country visited.

4. The Bulgarian and Canadian authorities will give sympathetic consideration to requests for permission to depart from Bulgaria or Canada respectively received from dual nationals of Bulgaria and Canada (either born in Canada or naturalized in Canada) who have previously been residing permanently in either country and wish to transfer residence to the other.

5. The authorities of Bulgaria and Canada, in accordance with their respective laws, will give sympathetic consideration to any request by the authorized representative of the other for consular access to any citizen of Canada or Bulgaria who is detained or arrested in the other country.

6. The Bulgarian authorities will return to the Canadian authorities all Canada passports held by or surrendered to the Bulgarian authorities. In like manner the Canadian authorities will return to the Bulgarian authorities all Bulgarian passports held by or surrendered to the Canadian authorities.

Accept, Sir, the assurances of my highest consideration.

Gero Grozev

The Secretary of State for External Affairs to the Head of the Delegation of the People’s Republic of Bulgaria

June 30, 1966

His Excellency Mr. Gero Grozev,
Head of the Bulgarian Delegation,
Ottawa

Your Excellency,

I have the honour to thank you for your note of June 30, referring to the discussions between the representatives of the Government of the People’s Republic of Bulgaria and the Government of Canada on consular matters and to confirm the agreement reached on the following points:

6. The Bulgarian authorities will return to the Canadian authorities all Canadian passports held by or surrendered to the Bulgarian authorities. In like manner the Canadian authorities will return to the Bulgarian authorities all Bulgarian passports held by or surrendered to the Canadian authorities.

Accept, Excellency, the assurance of my highest consideration.

Paul Martin

The Secretary of State for External Affairs to the Head of the Delegation of the People’s Republic of Bulgaria

Ottawa, June 30, 1966

His Excellency Gero Grozev,
First Deputy Minister for Foreign Affairs,
Head of the Bulgarian Delegation,
Ottawa

Excellency,

I have the honour to refer to the recent discussions which have taken place in Ottawa between representatives of our governments on the subject of the establishment of diplomatic relations and of diplomatic and trade representation between our two countries.

In those discussions an understanding was reached that diplomatic relations would be established immediately between Canada and the People’s Republic of Bulgaria. The Canadian Government intends initially to accredit to Bulgaria a non-resident Ambassador from a nearby country. I understand that the Bulgarian Government intends initially to establish a resident Embassy in Ottawa under a chargé d’affaires a.i. and with a non-resident Ambassador.

It was understood also that the People’s Republic of Bulgaria would be entitled to establish a Trade Commissioner’s office in the city of Montreal, staffed by government trade officials who would have the equivalent privileges and immunities (but not the functions) of the head and members of the staff of a consulate; and that Canada, would reciprocally be entitled to establish trade representation in Bulgaria.

I have the honour to confirm the acceptance of these arrangements by the Government of Canada and to request in return your confirmation of their acceptance by the Government of the People’s Republic of Bulgaria.

Accept, Excellency, the assurance of my highest consideration.

Paul Martin

The Head of the Delegation of the People’s Republic of Bulgaria to the Secretary of State for External Affairs

Ottawa, June 30, 1966

The Honourable Paul Martin,
Secretary of State for External Affairs,
Ottawa, Canada

Sir,

I have the honour to acknowledge receipt of your letter of this date which reads as follows:

“Excellency,

I have the honour to refer to the recent discussions which have taken place in Ottawa between representatives of our governments on the subject of the establishment of diplomatic relations and of diplomatic and trade representation between our two countries.

In those discussions an understanding was reached that diplomatic relations would be established immediately between Canada and the People’s Republic of Bulgaria. The Canadian Government intends initially to accredit to Bulgaria a non-resident Ambassador from a nearby country. I understand that the Bulgarian Government intends initially to establish a resident Embassy in Ottawa under a chargé d’affaires a.i. and with a non-resident Ambassador.

It was understood also that the People’s Republic of Bulgaria would be entitled to establish a Trade Commissioner’s office in the city of Montreal, staffed by government trade officials who would have the equivalent privileges and immunities (but not the functions) of the head and members of the staff of a consulate; and that Canada, would reciprocally be entitled to establish trade representation in Bulgaria.

I have the honour to confirm the acceptance of these arrangements by the Government of Canada and to request in return your confirmation of their acceptance by the Government of the People’s Republic of Bulgaria.

Accept, Excellency, the assurance of my highest consideration.”

I have the honour to confirm to you the acceptance of these arrangements by the Government of the People’s Republic of Bulgaria.

Accept, Sir, the assurances of my highest consideration.

Gero Grozev

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