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Technical Assistance Agreement on Military Training between the Government of Canada and the Government of the Republic of Ghana [1976] CATSer 21 (1 June 1976)

E100915 - CTS 1978 No. 3

TECHNICAL ASSISTANCE AGREEMENT ON MILITARY TRAINING BE­TWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF GHANA

THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF GHANA,

CONSIDERING that the Government of Ghana has requested the Government of Canada to provide officers and men of the Canadian Forces for service with the Armed Forces of Ghana for training purposes;

HAVING REVIEWED the Technical Assistance Agreement on Military Training between the Government of Canada and the Government of Ghana signed at Accra, January 8, 1962;

HAVE AGREED as follows:

PART I - GENERAL

ARTICLE I

Definitions

1. In this Agreement

(a) “Canadian Armed Forces Training Team” means the element of the Canadian Forces present in the territory of Ghana under this Agreement;

(b) “Commanding Officer, Canadian Armed Forces Training Team” means the senior officer designated by Canada to command the Canadian Armed Forces Training Team made available to the Armed Forces of Ghana;

(c) “member” means a member of the Canadian Armed Forces Training Team;

(d) “dependent child” means a child, step-child or adopted child of a member, and who is unmarried, under eighteen years of age and dependent on the member for support;

(e) “military authorities of Canada” means those authorities of Canada who are empowered by the law of Canada to enforce the military law of Canada;

(f) “official duty” includes any act done by a member in the course of his service in Ghana pursuant to this Agreement whether the order, instruc­tion or direction under which he acts is given by a Canadian or Ghanaian superior officer; and

(g) “residential service” means service performed by a member in Ghana.

ARTICLE II

Composition and Purpose of Team

2. The Government of Canada shall make available to the Government of Ghana the services of the Canadian Armed Forces Training Team, under the command of the Commanding Officer, Canadian Armed Forces Training Team, at a personnel strength level to be agreed upon from time to time by appropriate authorities, to assist the military authorities of Ghana in the training of the Armed Forces of Ghana on the terms and conditions hereinafter provided.

ARTICLE III

Command

3. Without derogating from his status as a member of the Canadian Forces, a member shall, in relation to the Armed Forces of Ghana, be treated and have over members of the Armed Forces of Ghana the like powers of command as if he were a member of the Armed Forces of Ghana and shall obey an order or instruction given by an officer of the Armed Forces of Ghana of superior relative rank provided that such order or instruction is consistent with his duties under this Agreement and Canadian military law and would, if given pursuant to such military law, constitute a lawful command.

4. Members, having been made available for training purposes, shall not be employed in connection with other activities except with the approval of the Commanding Officer, Canadian Armed Forces Training Team and, in particular:

(a) shall not participate directly in aid of the civil power or in any form of combat operation either in or out of Ghana;

(b) shall not perform any function, duty or act that is incompatible or inconsistent with their oaths of allegiance to Her Majesty, Queen Elizabeth the Second of Canada, or inconsistent with the purpose of this Agreement; and

(c) shall be governed by the military law of Canada.

5. Members shall take precedence over members of the Armed Forces of Ghana of relative rank according to their respective dates of appointment to their rank.

PART II - STATUS

ARTICLE IV

Observance of Local Law

6. It is the duty of the Canadian Armed Forces Training Team and members to respect the law of Ghana and to abstain from any activity inconsistent with the spirit of this Agreement, and, in particular, to abstain from any political activity in Ghana. It is also the duty of Canada to take necessary measures to that end.

ARTICLE V

Jurisdiction

7. Subject to this Article,

(a) the military authorities of Canada shall have the right to exercise within Ghana all criminal and disciplinary jurisdiction conferred on them by the law of Canada over all persons subject to Canadian military law; and

(b) the authorities of Ghana shall have jurisdiction over members and their dependents with respect to offences committed within the territory of Ghana and punishable by the law of Ghana.

8. (a) The military authorities of Canada shall have the right to exercise exclusive jurisdiction over persons subject to the military law of Canada with respect to offences punishable by the law of Canada, but not by the law of Ghana.

(b) The authorities of Ghana shall have the right to exercise exclusive jurisdiction over members and their dependents with respect to offences punishable by its law but not by the law of Canada.

9. In cases where the right to exercise jurisdiction is concurrent, the following rules shall apply:

(a) The military authorities of Canada shall have the primary right to exercise jurisdiction over a person subject to the military law of Canada in relation to

(i) offences solely against the property or security of Canada, or offences solely against the person or property of a member or of a dependent; and

(ii) offences arising out of any act done or omission to do anything in the performance of official duty.

(b) In the case of any other offence, the authorities of Ghana shall have the primary right to exercise jurisdiction.

(c) If the Government having the primary right decides not to exercise jurisdiction, it shall notify the other Government as soon as practical. The authorities of the Government having the primary right shall give sympathetic consideration to a request from the authorities of the other Government for a waiver of its right in cases where that other Government considers such waiver to be of particular importance.

10. The foregoing provisions of this Article shall not imply any right for the military authorities of Canada to exercise jurisdiction over persons who are nationals of or ordinarily resident in Ghana unless they are persons subject to the military law of Canada.

11. (a) The authorities of Ghana and Canada shall assist each other in the arrest of members or their dependents in the territory of Ghana and in handing them over to the authority which is to exercise jurisdiction in accordance with the above provisions.

(b) A member may exercise in respect of members of the Armed Forces of Ghana powers of arrest as if he were a member of the Armed Forces of Ghana of relative rank.

(c) A member of the Armed Forces of Ghana may exercise in respect of members, powers of arrest as if he were a member of the Canadian Armed Forces of relative rank but any member so arrested shall be handed over to the military authorities of Canada for custody.

(d) The civil authorities of Ghana shall notify promptly the military authorities of Canada of the arrest of any member or dependent.

(e) An accused member over whom Ghana is to exercise jurisdiction shall, if he is in the custody of the military authorities of Canada, remain in Canadian custody until he is charged by Ghana.

12. (a) The authorities of Ghana and Canada shall assist each other in the carrying out of all necessary investigations into offences, and in the collection and production of evidence, including the seizure and, in proper cases, the handing over of subjects connected with an offence. The handing over of such objects may, however, be made subject to their return within the time specified by the authority delivering them.

(b) The authorities of Canada and Ghana shall notify one another of the disposition of all cases in which there are concurrent rights to exercise jurisdiction.

13. (a) A death sentence shall not be carried out in Ghana by the authorities of Canada if the legislation of Ghana does not provide for such punishment in a similar case.

(b) The authorities of Ghana shall give sympathetic consideration to a request from the authorities of Canada for assistance in carrying out a sentence of imprisonment pronounced by the authorities of Canada under this Article within the territory of Ghana.

14. Where an accused has been tried in accordance with this Article by the authorities of either Canada or Ghana and has been acquitted or convicted, he may not be tried again for the same offence within Ghana by the authorities of the other. Nothing in this paragraph shall prevent the military authorities of Canada from trying a member for any violation of rules of discipline arising from an act or omission which constituted an offence for which he was tried by the authorities of Ghana.

15. Whenever a member or a dependent is prosecuted under the jurisdiction of Ghana, he shall be entitled

(a) to a prompt and speedy trial;

(b) to be informed, in advance of trial, of the specific charge or charges made against him;

(c) to be confronted with the witnesses against him;

(d) to have compulsory process for obtaining witnesses in his favour, if they are within the jurisdiction of Ghana;

(e) to have legal representation of his own choice for his defence or to have free or assisted legal representation under the conditions prevailing for the time being in Ghana;

(f) if he considers it necessary, to have the services of a competent interpreter; and

(g) to communicate with a representative of the Government of Canada and, when the rules of the court permit, to have such a representative present at his trial.

16. The military authorities of Canada may take all appropriate measures to ensure the maintenance of order of the Canadian Armed Forces Training Team.

ARTICLE VI

Security

17. Ghana shall take the action necessary to ensure the security and protection within Ghana of equipment, property, records and official information of Canada and the persons and property of members and their dependents.

18. The military authorities of Canada shall take the measures necessary to ensure that a member shall not divulge or disclose to any unauthorized person, any classified matter of which he may become cognizant in his capacity as a member. This obligation shall continue after the termination of the services of the member in Ghana and after the termination of this Agreement.

ARTICLE VII

Claims

19. (a) Ghana waives all claims against Canada for damage to any property owned by Ghana if such damage was caused by a member acting in the course of his official duties.

(b) For the purpose of this paragraph, damage caused by a member acting in the course of his “official duties” does not include damage caused by wilful malice or gross negligence of that member, which will be a claim against Canada.

20. Canada and Ghana waive all claims against each other for injury or death suffered by a member or a member of the Armed Forces of Ghana while either member is engaged in the performance of his official duties.

21. A claim against Canada or a member arising out of an act done or an omission of anything by a member, done or omitted in the performance of official duty, shall be assimilated to, and be dealt with as if it were, a claim arising out of the activities of the Armed Forces of Ghana.

22. A member shall not be subject to any proceedings for the enforcement of any judgment given against him in Ghana in a matter arising from the performance of his official duties.

23. All costs incurred in satisfying a claim or judgment arising as aforesaid shall be borne by Ghana.

24. Canada shall not claim immunity from the jurisdiction of the courts of Ghana for a member in respect of the civil jurisdiction of the courts of Ghana except to the extent provided in paragraph 22.

ARTICLE VIII

Taxation

25. Where the legal incidence of any form of taxation in Ghana depends upon residence or domicile, periods during which a member is in the territory of Ghana shall not be considered as periods of residence therein, nor as creating a change of residence or domicile for the purposes of such taxation. A member shall be exempt from taxation in Ghana on the salary and emoluments paid to him as such by Canada and on any tangible movable property the presence of which in Ghana is due solely to his temporary presence there.

26. Nothing in this Article shall prevent taxation of a member with respect to any profitable enterprise in which he may engage in Ghana, other than his employment as such member. Except as regards his salary and emoluments and the tangible movable property referred to in paragraph 25, nothing in this Article shall prevent taxation to which, even if regarded as having his residence or domicile outside the territory of Ghana, such a member is liable under the law of Ghana.

27. A member shall not be required to make payment or be subject to any deduction for contributions to any National Development scheme.

28. Nothing in this Article shall apply to customs duties and all other duties and taxes payable on importation or exportation, as the case may be.

ARTICLE IX

Customs and Purchase Tax Privileges

29. The Canadian Armed Forces Training Team may import free of customs duties, purchase tax and other such charges, materials, supplies and equipment for the exclusive official use of the Team and members. Reasonable quantities of goods for the personal consumption or use of members and dependents may be imported free of customs duties, purchase tax and other such charges, within the terms described at paragraphs 31 and 36.

30. Official documents of the Team under official seal shall not be subject to customs inspection.

31. A member may import for his personal use and that of his dependents a motor vehicle free of customs duty, purchase tax or other such charges on one occasion during his residential service.

32. If a member does not import a motor vehicle pursuant to paragraph 31 of this Article, he may within six months of his arrival purchase a motor vehicle for his personal use in Ghana free of customs duty and purchase tax on one occasion during his residential service.

33. A motor vehicle imported or purchased by a member in accordance with this Article may be sold by the member in Ghana, either to the State Transport Corporation at a valuation set by the said Corporation but only during the last month of his tour of service, or to another member taking into consideration the terms under which the said vehicle was imported. However, if a motor vehicle is imported or purchased without the benefit of the customs and purchase tax exemptions, a member may dispose of it locally and any revenue accruing shall not be subject to the provisions of paragraph 26 of Article VIII.

34. Except as provided by paragraph 33 or as authorized by the authorities of Ghana, the things imported free of customs duties, purchase tax and other such charges pursuant to paragraphs 29 and 31 may not be disposed of in Ghana by way of sale, gift or otherwise to any person not entitled to similar exemptions.

35. The things imported pursuant to paragraphs 29 and 31 may be exported free of customs duties and other such charges.

36. Canada, in cooperation with the authorities of Ghana, shall take such measures as are necessary to prevent abuse of customs, purchase tax and other privileges granted to the Canadian Armed Forces Training Team, members and dependents.

ARTICLE X

Local Procurement

37. Except as otherwise provided in this Agreement, a member may purchase locally goods necessary for his own consumption, and such services as he needs, under the same conditions as nationals of Ghana.

ARTICLE XI

Medical and Dental

38. The Government of Ghana shall at its expense provide members and their dependents with all necessary medical and dental treatment and hospital care, including the provision of spectacles, dentures and appliances.

ARTICLE XII

Postal

39. The Government of Ghana shall grant to members postal concessions on air and surface mail between Canada and Ghana.

ARTICLE XIII

Immigration and Alien Controls

40. On entry into or exit from Ghana, a valid Canadian passport shall on request be produced to the Ghanaian immigration authorities.

41. If entry permits are required for members and their dependents, Ghana shall provide them free of charge.

42. Members and their dependents shall be exempt from the regulations of Ghana respecting the registration and control of aliens, but shall not acquire any right to permanent residence or domicile in Ghana.

ARTICLE XIV

Driving Permits

43. Ghana shall accept as valid, without a driving test or fee, the driving permit or licence, or military driving permit issued by Canada or a subdivision thereof to a member or may, in lieu thereof, issue, without a driving test, its own permit or licence.

ARTICLE XV

Dress

44. The dress of members shall be governed by relevant Canadian military orders.

ARTICLE XVI

Arms

45. Members may possess and carry arms in accordance with relevant Canadian military orders, having due regard to the custom and practice of the Armed Forces of Ghana.

ARTICLE XVII

Deceased Members and Their Estates

46. The military authorities of Canada shall have the right to take charge of and deal with the body of a member who dies in Ghana and may dispose of his personal property after the debts of the deceased member incurred in Ghana and owing to persons ordinarily resident therein are paid.

PART III - TERMS OF SERVICE

ARTICLE XVIII

Length of Tour

47. Members normally will serve in Ghana for a tour of two years duration including entitled leave.

48. A tour of any member may be lengthened or shortened in the interests of the Armed Forces of Ghana or the Canadian Forces.

ARTICLE XIX

Leave

49. All normal Canadian military leave including entitlement to travelling time will be guaranteed by the Government of Ghana.

50. Sick leave will be granted to members at the discretion of the Director of Medical Services of the Armed Forces of Ghana. Sick leave will not count against other leave entitlements.

51. Compassionate leave to Canada will be granted to members under the Canadian military regulations in effect at the time. When a member is granted compassionate leave within three months of completing his normal residential service in Ghana, his residential service will be considered to have been terminated.

ARTICLE XX

Rank and Promotion

52. Members will remain eligible for promotion under Canadian military regulations.

ARTICLE XXI

Canadian Pay, Allowances and Entitlements

53. The Government of Canada will be responsible for providing the normal Canadian pay and allowances to members, including entitlements under Military Foreign Service Regulations.

54. The Government of Ghana shall reimburse the Government of Canada quarterly one half of the salary costs for each member from the date of his arrival in Ghana to the date of his final departure inclusive and shall, in addition, reimburse the Government of Canada for payments made by Canada for benefits to members which the Government of Ghana has undertaken to provide. In the event of promotion of a member to a rank higher than that requested by Ghana the difference in pay attached to that higher rank will be borne by the Canadian Government.

ARTICLE XXII

Ghana Allowances

55. The Government of Ghana agrees to pay allowances to members under the same regulations and under the same rates as are applicable to Ghanaian military personnel in respect of travelling, motor mileage and related expenditures. However vehicle maintenance allowance will not be administered to members of the Team.

56. The Government of Ghana agrees to issue at its expense, rations to all members who are on field training exercises in Ghana.

Passage Entitlement

57. For the purpose of this Article, the family of a member is defined as his wife and dependent children normally resident in his household.

58. The Government of Ghana agrees to provide:

(a) return transportation for members and their families between London (England) and the station in Ghana at the beginning and the end of residential service;

(b) return transportation for all members and their families on leave provided for in paragraph 49 of Article XIX between their station in Ghana and London or the designated leave centre or equivalent in accordance with Canadian military leave-related entitlements;

(c) return transportation for any member granted compassionate leave under paragraph 51, Article XIX of this Agreement, from his station in Ghana to Montreal;

(d) return transportation for those persons who come within the terms of paragraph 70 of Article XXIX between London and the station in Ghana once a year; and

(e) normal travel expenses applicable to the Canadian Forces travelling abroad to all passengers entitled to transportation under this paragraph.

59. All transportation under this Article is to be by air by the most direct and most economical route.

60. The Government of Canada agrees to provide transportation and related benefits payable in accordance with Canadian regulations for those portions of travel to and from Ghana not covered by paragraph 58.

ARTICLE XXIV

Removal

61. The Government of Canada agrees to provide benefits payable under Canadian regulations in respect of dislocation expenses, movement and storage of furniture and effects, and for shipment of excess baggage and shipment of a private motor vehicle not specifically covered in paragraphs 62 and 63 of this Agreement.

ARTICLE XXV

Baggage Allowance

62. The Government of Ghana agrees to provide to each member and his family entitled to transportation under Article XXIII a baggage allowance as follows:

(a) free conveyance by air and personal baggage as appropriate for the class of air travel and, in addition, 45 kilograms per adult passenger by air freight;

(b) transportation by sea of unaccompanied baggage at the rate of seven shipping tons per family exclusive of the member’s motor vehicle; and

(c) free conveyance of baggage within Ghana.

ARTICLE XXVI

Shipment of Private Motor Vehicle

63. The Government of Ghana agrees to provide to each member free transportation by sea to and from Montreal, Canada, of his private motor vehicle.

64. The Government of Canada agrees to provide in-Canada shipping costs.

ARTICLE XXVII

Accommodation

65. The Government of Ghana will provide reasonable accommodation and other facilities for all members whether single, married unaccompanied or married accompanied with dependent children.

66. Appropriate economic rates will be charged for such services and utilities provided by the Government of Ghana.

ARTICLE XXVIII

Dangerously Ill Personnel

67. When a member is placed on the dangerously ill list and the medical officer attending him so recommends, the Government of Ghana agrees to pay the full cost of return air transportation between Montreal, Canada, and the member’s station in Ghana of his wife or near relative.

ARTICLE XXIX

Education

68. The Government of Ghana agrees to provide fee-free education for dependent children who accompany a member to Ghana at a school of the member’s choice.

69. The Government of Ghana agrees to reimburse the Government of Canada for payments made to provide an education allowance as prescribed for Canadian Forces personnel serving abroad in respect of members’ other dependent children educated outside Ghana.

ARTICLE XXX

Military Orderlies

70. Unless the individual concerned otherwise requests, the Government of Ghana will provide to members servants at the appropriate Ghana Armed Forces scale. The cost of such service will be charged to the individual concerned.

ARTICLE XXXI

Withdrawal of Personnel and Termination of Employment

71. For the purpose of this Article, “family” has the same meaning as in paragraph 57 of Article XXIII.

72. If a member neglects or refuses or, for any disciplinary reasons, becomes unable to perform his duties or misconducts himself, the Government of Ghana, on the advice of the Commanding Officer, Canadian Armed Forces Training Team may terminate his service with the Armed Forces of Ghana. All advantages and concessions granted to him as a member shall with effect from the date of termination of his service, be subject to the discretion of the Government of Ghana acting on the advice of the Commanding Officer, Canadian Armed Forces Training Team. The Government of Ghana will be responsible for arranging free passage to London for the member and his family.

73. If a member is found to be physically, temperamentally or otherwise unsuitable and is, as a result, returned to Canada, free passage to London for himself and his family, if in Ghana, will be arranged by Ghana.

74. In the event of the death of a member while serving with the Armed Forces of Ghana, his family, if in Ghana, will be provided by Ghana with free passage to London. Expenses in connection with or grants toward the cost of the funeral of the member will be borne by the Government of Ghana under the same regulations as apply to the Canadian Forces.

75. The Government of Canada reserves the right to withdraw members from service in Ghana should conditions arise which the Government of Canada considers make such action necessary. In such cases the Government of Canada will be responsible for arranging the return of the member and his family, if in Ghana, from Ghana to Canada at the expense of the Government of Canada.

PART IV - FINAL PROVISIONS

ARTICLE XXXII

Revisions

76. Either of the Governments may at any time request the revision of any Article of this Agreement.

ARTICLE XXXIII

Commencement and Termination

77. This Agreement shall supersede the Technical Assistance Agreement on Military Training between the Government of Canada and the Government of the Republic of Ghana signed at Accra, January 8, 1962. It shall enter into force on the date of signature with effect from the first day of June, 1976 and shall apply to any member in Ghana on or after that date. It shall remain in force until terminated by one of the following methods:

(a) by either of the Governments with six months written notice to that effect given to the other Government;

(b) without complying with subparagraph (a) of this Article, by the recall of the Canadian Armed Forces Training Team by the Government of Canada where such recall is in the public interest of Canada; or

(c) by the Government of Ghana without previous notification if the Government of Ghana decides that such termination is in the public interest of Ghana.

IN WITNESS WHEREOF, the undersigned, duly authorized thereto have signed this Agreement.

DONE in duplicate in the English and French languages, each language version being equally authentic, at Accra this 14th day of February 1978.

Robert M. Middleton

FOR THE GOVERNMENT OF CANADA

F. W. K. Akuffo

FOR THE GOVERNMENT OF THE REPUBLIC OF GHANA