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Exchange of Notes between the Government of Canada and the Government of the United States of America amending the Agreement of March 9, 1959, concerning the Tariff of Tolls on the St. Lawrence Seaway [1972] CATSer 10 (27 July 1972)

E100429 - CTS 1972 No. 24

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA AMENDING THE AGREEMENT OF MARCH 9, 1959, CONCERNING THE TARIFF OF TOLLS ON THE ST. LAWRENCE SEAWAY (WITH MEMORANDUM OF AMENDMENT)

I

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

Washington, July 27, 1972

His Excellency Marcel Cadieux,
Ambassador of Canada

Excellency:

I have the honor to refer to the Agreement between the Government of the United States of America and the Government of Canada dated March 9, 1959, which incorporated the Memorandum of Agreement and Tariff of Tolls respecting the St. Lawrence Seaway as amended by the Agreements of June 30, 1964, and March 31, 1967.

Representatives of the St. Lawrence Seaway Development Corporation and the St. Laurence Seaway Authority have agreed to a further amendment to the Memorandum of Agreement and Tariff of Tolls, which would have the effect of excluding from the definition of "cargo", as set forth in Section 2(c) thereof, empty containers and the tare weight of loaded containers with a capacity of 640 cubic feet or more. Such agreement is set forth in the Memorandum of Amendment dated May 19, 1972, signed by the Administra­tor of the St. Lawrence Seaway Development Corporation and the President of the St. Lawrence Seaway Authority, which is enclosed with this note.

I have the honor to propose that if the Government of Canada concurs, this note and the Memorandum of Amendment enclosed herewith, together with your reply shall constitute an Agreement between the two Governments, amending the Agreement of March 9, 1959, as amended, with effect from the date of your reply.

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

George S. Springsteen

For the Secretary of State

MEMORANDUM OF AMENDMENT RESPECTING THE ST. LAWRENCE SEAWAY TARIFF OF TOLLS; MADE THIS 19th DAY OF MAY, ONE THOUSAND NINE HUNDRED AND SEVENTY-TWO

BETWEEN:

THE ST. LAWRENCE SEAWAY AUTHORITY,
(hereinafter called "the Authority")

and

THE SAINT LAWRENCE SEAWAY DEVELOPMENT
CORPORATION, (hereinafter called "the Corporation")

WITNESSETH

WHEREAS the Authority and the Corporation have previously exempted empty containers having a cubic capacity of 640 feet or more, when carried aboard vessels, from toll assessment under the St. Lawrence Seaway Tariff of Tolls;

AND WHEREAS the Authority and the Corporation now deem it desirable to also exempt the tare weight of cargo containers, having a cubic capacity of 640 feet or more, when carried aboard vessels, from toll assessment under the St. Lawrence Seaway Tariff of Tolls;

AND WHEREAS Clause 4 of the 1959 Agreement respecting the said Tariff, between the Authority and the Corporation and their respective Govern­ments, provides that such changes as "will be compatible with the general terms of the Tariff" may be made by the Authority and the Corporation.

NOW THEREFORE, the parties hereto agree, subject to confirmation of their respective Governments, that Section 2(c) of the said Tariff is repealed and the following substituted therefor:

2. In this Tariff:

(c) "cargo" means all goods aboard a vessel whether carried as revenue or non-revenue freight or carried for the vessel's owner, except empty containers and the tare weight of loaded containers, all such contain­ers having a cubic capacity of 640 feet or more, ship's fuel, ballast or stores, and crew or passengers' personal effects;...

Pierre Camu, President

THE SAINT LAWRENCE SEAWAY AUTHORITY

Donald W. Oberlin, Administrator

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

II

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

Washington, D.C. July 27, 1972

No. 243

The Honourable William P. Rogers,
Secretary of State,
Washington, D.C.

Mr. Secretary,

I have the honour to refer to your Note of July 27, regarding the Memo­randum of Amendment dated May 19, between The St. Lawrence Seaway Authority and The St. Lawrence Seaway Development Corporation, propos­ing certain arrangements to govern tolls on the St. Lawrence Seaway.

The terms and conditions set forth in your Note and the Memorandum of Amendment attached thereto, respecting the St. Lawrence Seaway tariff of tolls are acceptable to the Government of Canada.

I therefore concur that your Note together with the Memorandum of Amendment attached thereto and this reply, which is authentic in English and French, shall constitute an agreement between our two governments amend­ing the Agreement of March 9, l959, as amended, with effect from the date of this reply.

Accept, Mr. Secretary, the assurances of my highest consideration.

Marcel Cadieux

Ambassador