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Exchange of Notes between the Government of Canada and the Government of the United States of America constituting an Agreement concerning the Development and Procurement of a Space Shuttle Attached Remote Manipulator System [1976] CATSer 25 (23 June 1976)

E102094 - CTS 1976 No. 34

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONSTITUTING AN AGREEMENT CONCERNING THE DEVELOPMENT AND PROCUREMENT OF A SPACE SHUTTLE ATTACHED REMOTE MANIPULATOR SYSTEM

I

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

WASHINGTON, June 23, 1976

His Excellency Jack Hamilton Warren,
Ambassador of Canada,
Washington

Excellency:

I have the honor to refer to the Memorandum of Understanding between the National Aeronautics and Space Administration of the United States of America and the National Research Council of Canada for a Cooperative Program concerning the Development and Procurement of a Space Shuttle Attached Remote Manipulator System which was signed for the National Research Council of Canada on July 18, 1975, (hereinafter referred to as the "Memorandum of Understanding").

Article XVIII of the Memorandum of Understanding provides, inter alia, that it shall enter into force upon confirmation of the Memorandum of Understanding by an exchange of notes between our two governments.

In consideration of the very productive and mutually beneficial co-operation which has existed between our two countries for many years in space projects, I have the honor to inform you that the Government of the United States of America confirms the provisions contained in the Memorandum of Understanding between the National Aeronautics and Space Administration of the United States of America and the National Research Council of Canada. It is recognized that the endeavor constitutes an important Canadian contribution to the development of space technology.

The Memorandum of Understanding provides that the National Research Council of Canada and the National Aeronautics and Space Administration will carry out design reviews from time to time and will agree on specific design requirements. Any such agreement upon specific design requirements will be recorded in a subsidiary document between the National Research Council of Canada and the National Aeronautics and Space Administration.

It is understood that the provision or transfer of any technology, hardware or technical assistance between Canada and the United States of America pursuant to the Memorandum of Understanding will be subject to the relevant laws and regulations in force from time to time in Canada and the United States of America, respectively.

It is further understood that, upon acceptance and checkout of the first remote manipulator system provided under the Memorandum of Understanding, the National Aeronautics and Space Administration accepts full responsibility for its operation and agrees to absolve the National Research Council of Canada and the Government of Canada for any loss, damage, injury or liability attributable to its operation or construction.

If the Government of Canada is prepared to confirm the Memorandum of Understanding, I propose that, in accordance with Article XVIII of the Memorandum of Understanding, the provisions of the Memorandum of Understanding shall take effect on the date of Your Excellency's reply recording the Government of Canada's confirmation of the Memorandum of Understanding. I propose further that this Note and Your Excellency's reply shall constitute an international agreement between our two Governments for a Cooperative Program concerning the Development and Procurement of a Space Shuttle Attached Remote Manipulator System which shall remain in force so long as the Memorandum of Understanding shall remain in force.

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

For the Acting Secretary of State:

Frederick Irving

II

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

WASHINGTON, 23 June 1976

The Honourable Henry A. Kissinger,
The Secretary of State
Washington, D.C.

Excellency,

I have the honor to refer to Your Excellency's Note of June 23, 1976 providing the Government of the United States of America's confirmation of the Memorandum of Understanding between the National Aeronautics and Space Administration of the United States of America and the National Research Council of Canada for a Cooperative Program concerning the Development and Procurement of a Space Shuttle Attached Remote Manipulator System which was signed for the National Aeronautics and Space Administration on July 9, 1975 and for the National Research Council of Canada on July 18, 1975, (hereinafter referred to as the "Memorandum of Understanding").

In consideration of the very productive and mutually beneficial co-operation which has existed between our two countries for many years in space projects, I have the honour to inform you that the Government of Canada also confirms the provisions contained in the Memorandum of Understanding between the National Aeronautics and Space Administration of the United States of America and the National Research Council of Canada. It is recognized that the development of the Space Shuttle constitutes an important United States of America contribution to the development of space technology.

The Memorandum of Understanding provides that the National Research Council of Canada and the National Aeronautics and Space Administration will carry out design reviews from time to time and will agree on specific design requirements. Any such agreement upon specific design requirements will be recorded in a subsidiary document between the National Research Council of Canada and the National Aeronautics and Space Administration.

It is understood that the provision or transfer of any technology, hardware or technical assistance between Canada and the United States of America pursuant to the Memorandum of Understanding will be subject to the relevant laws and regulations in force from time to time in Canada and the United States of America, respectively.

The Government of Canada notes that, upon acceptance and checkout of the first remote manipulator system provided under the Memorandum of Understanding, the National Aeronautics and Space Administration accepts full responsibility for its operation and agrees to absolve the National Research Council of Canada and the Government of Canada for any loss, damage, injury or liability attributable to its operation or construction.

The Government of Canada also accepts Your Excellency's proposal that, in accordance with Article XVIII of the Memorandum of Understanding, the provisions of the Memorandum of Understanding shall take effect on the date of this reply. It is understood that Your Excellency's Note and this reply, which is equally authentic in English and French, shall constitute an international agreement between our two Governments for a Cooperative Program concerning the Development and Procurement of a Space Shuttle Attached Remote Manipulator System which shall remain in force as long as the Memorandum of Understanding shall remain in force.

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

Jack H. Warren

Ambassador