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Exchange of Notes (March 19 and 22, 1976) between the Government of Canada and the Government of the United States of America extending and amending the Agreement of May 14, 1971 concerning a Joint Programme in the Field of Experimental Remote Sensing From Satellites and Aircraft (ERTS) [1976] CATSer 8 (22 March 1976)

E103820 - CTS 1976 No. 21

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA EXTENDING AND AMENDING THE AGREEMENT OF MAY 14, 1971 CONCERNING A JOINT PROGRAMME IN THE FIELD OF EXPERIMENTAL REMOTE SENSING FROM SATELLITES AND AIRCRAFT (ERTS)

I

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

WASHINGTON, March 19, 1976

No. 103

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

Sir,

I have the honour to refer to the Agreement dated May 14, 1971 between our two Governments regarding remote sensing from satellites and aircraft effected by an exchange of notes and to propose that the Agreement be extended for a further period of five years commencing on May 14, 1975 under the terms of the Notes of May 14, 1971 and the Annex thereto and that the following additional provisions be added to it:

(1) Under the experimental earth resources programme, the Canadian Department of Energy, Mines and Resources (EMAR) will acquire data directly from NASA's Landsat-type satellites (formerly called Earth Resources Technology Satellites) at two ground stations located in Canada: one near Prince Albert, Saskatchewan, and the second in the east coast region.

(2) Catalogue listings of Landsat data processed by the Canadian ground system as well as ground station tape recorder logs will be provided to NASA on a monthly basis.

(3) This Agreement, as extended, assures EMAR access to Landsat 1, 2, and C satellites. Access is assured to Landsat 1 and 2 for period of one year from the date of launching of Landsat 2 (January 22, 1975) without charge by NASA. It is understood, however, that NASA may thereafter establish some cost-sharing arrangement for participating ground stations. Before doing so, however, NASA will consult with EMAR.

(4) For the purposes of this Agreement, it is understood that EMAR and other Canadian Government agencies participating in the programme will ensure unrestricted public availability of all Landsat data of areas within range of the Canadian ground stations at a fair and reasonable charge, and will provide, free of charge, processed Landsat data required by non-USA and non-Canadian principal investigators as selected under the NASA Landsat Investigation Programme, whose test sites are in range of Canadian ground stations.

(5) The present Agreement shall be subject to review by the two Governments at any time following acceptance by both Governments of a future multilateral instrument in the form of guidelines, principles or agreements dealing with the same substantive matters.

If these proposals meet with the approval of the Government of the United States, I have the honour further to propose that this Note, which is equally authentic in English and French, and your reply to that effect, shall constitute an Agreement between our two Governments to extend the Agreement constituted by the Exchange of Notes of May 14, 1971, for a period of five years commencing on May 14, 1975, and to amend it by adding the additional provisions stipulated hereinabove, and to propose that this Agreement enter into force on the date of your reply with effect from May 14, 1975 as far as the extension of the earlier Agreement is concerned. It is understood that the present Agreement may be terminated by either Government upon six months' notice to the other, or extended further by the mutual agreement of the two Governments.

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

J. H. Warren,

Ambassador

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

WASHINGTON, March 22, 1976

His Excellency Jack H. Warren
Ambassador of Canada

Excellency:

I have the honor to refer to your Note No. 103 of March 19, 1976 in which you propose the renewal, for a further period of five years of the Agreement between the Government of the United States and the Government of Canada concerning a joint program in the field of experimental remote sensing from satellites and aircraft, which was effected by an exchange of notes done at Washington on May 14, 1971.

The proposed extension meets with the approval of the Government of the United States of America. I have the honor to confirm, therefore, that your Note and this reply shall constitute an Agreement between our two Governments to extend the Agreement for a further period of five years commencing on May 14, 1975, it being understood that such Agreement may be terminated by either Government upon six months' notice to the other. This will also confirm that the present Agreement shall enter into force on the date of this reply with effect from May 14, 1975.

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

Myron B. Kratzer,

For the Secretary of State