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Exchange of Notes (September 29 and October 16, 1978) between the Government of Canada and the Government of the United States of America concerning the Emplacements of Two Data Link Transmitters and Connecting Cable in the bed of the St. Marys River in Ontario [1978] CATSer 12 (16 October 1978)

E103767 - CTS 1978 No. 19

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONCERNING THE EMPLACEMENTS OF TWO DATA LINK TRANSMITTERS AND CONNECTING CABLE IN THE BED OF THE ST. MARYS RIVER IN ONTARIO

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The Ambassador of the United States of America to the Secretary of State for External Affairs of Canada

OTTAWA, September 29, 1978

No. 275

The Honorable Don Jamieson,
Secretary of State for External Affairs,
Ottawa

Sir:

I have the honour to refer to recent discussions between officials of our two Governments concerning the emplacement of two data link transmitters and connecting cable in the bed of the St. Marys River, in Ontario, as part of a cooperative experimental electronic-magnetic aid to navigation subsystem intended to enhance existing monitoring of vessel traffic flow in the River. These discussions have led to agreement that operational evaluation of the proposed subsystem would be in the mutual interest of both countries on the basis of the terms and conditions set forth in the Annex to this Note.

I have the further honor of proposing that, if this meets with the approval of your Government, this Note and its Annex, together with your reply indicating such concurrence, shall constitute an agreement between our two Governments which will enter into force on the date of your reply, and remain in force until May 31, 1980.

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

Thomas O. Enders

ANNEX

Terms and Conditions Regarding the Emplacement, for Operational Evaluation, of two Data Link Transmitters as Part of an Aid to Navigation System

This Annex outlines an electronic/magnetic aid to navigation research program designed to develop point arrangements toward the further advancement of new transportation technologies and systems. The effort will serve to enhance cooperation between Canada and the United States and permit both countries to work together in a new environment while exchanging skills and techniques.

The two data link transmitters and connecting cable, which are the subject of this Agreement, are part of an electronic/magnetic aid to navigation subsystem being installed in the St. Marys River, Michigan for operational evaluation. This navigation subsystem is being evaluated on the basis of its ability to enhance the existing aid to navigation system, in the vicinity of Coast Guard Base Sault Ste. Marie, Michigan. The location of each electronic/magnetic sensing device, connecting cable and remoting data link transmitter was selected as best suiting the needs of the navigation subsystem.

1. Cooperating Agencies

On the part of the United States of America the Cooperating Agency will be the United States Coast Guard, (hereinafter referred to as U.S.C.G.) and on the part of the Government of Canada the Cooperating Agency will be the Canadian Coast Guard, (hereinafter referred to as C.C.G.). Either government which is party to this Agreement may change the designation of its Cooperating Agency by means of a notice in writing to the other Government.

2. Sites Selected

The electronic/magnetic sensors which will provide input to the remote transmitters are to be located in areas within the territorial jurisdiction of the United States. Portions of connecting cable and the two data link transmitters will be in areas within the territorial jurisdiction of Canada. The C.C.G. and U.S.C.G. have mutually agreed to two Canadian sites for mounting the data link transmitter equipment. They are Gros Cap Reefs Light and Stribling Point South Range Front Light. They are listed in the Department of Transport, C.C.G. List of Lights as numbers 1081 and 1064 respectively. The associated electronic/magnetic sensor packages will be placed on the St. Marys River bed lying beneath navigable waters of the United States adjacent to the above named sites.

3. Remote Sensor Site Equipment

The U.S.C.G. will furnish all equipment, including spare parts necessary for monitoring and remoting these sensors, and retain title thereto. The U.S.C.G. will be responsible for the installation of this equipment at its expense.

4. Primary Power

The C.C.G. will provide, free of charge, electrical power for normal operation of this equipment.

5. Operation and Maintenance

The U.S.C.G. shall be responsible for the operation, maintenance and monitoring of the sensors and associated subsystem equipment, it being understood that these two sites in Canada constitute elements of an experimental aid to navigation system and consequently, will be operated in accordance with the requirements of that system. U.S.C.G. personnel may visit the sites during the installation stage and thereafter for operational, maintenance and liaison purposes. Coordination for visits will be made with the C.C.G.

6. Frequency Assignment and Technical Characteristics

The U.S.C.G. will be responsible for obtaining the registration of the frequency for their data link transmitters and coordinating its use with the Canadian Department of Communications.

The technical characteristics are as follows:

a. Assigned frequency - 171.3625 MHz

b. Transmitting power - 4 watts

c. Emission - 16 F2

7. Duration

The target date for commencing testing and evaluation is September 1st, 1977. This Agreement will remain in force until August 31st, 1959.

8. Termination, Ownership and Disposal of Removable Property

The Government of the United States shall retain ownership of any removable property (including readily demountable structures) it provides or pays for in connection with this electronic aid to navigation subsystem. The Government of the United States shall have the right to remove or dispose of all such property upon termination of this Agreement or when it is no longer required for the operation of the subsystem. Removal or disposal of such United States Government property shall not be delayed beyond a reasonable time after the date upon which the operation of the subsystem has been discontinued. The disposal of United States Government excess property in Canada shall be carried out in accordance with the provisions of the Agreement between the United States and Canada concerning the disposal of excess property, effected by Exchange of Notes at Ottawa on August 28, and September 1, 1961.

9. Taxes

Each Government shall, to the extent permitted by its federal legislation, grant relief from all taxes or customs duties on materials and equipment used in the installation, operation or maintenance of the two remote data link transmitters and connecting cable located in Canada. In particular, Canada shall grant remission of customs duties and excise taxes on goods imported and Federal sales and excise taxes on goods purchased in Canada, specifically for the purpose of these facilities, which are or are to become the property of the United States and are to be used in the installation, maintenance or operation of these facilities. Canada shall also grant refunds by ways of drawback of the customs duty paid on goods imported by Canadian manufacturers specifically for the purpose of these facilities and used in the manufacture or production of goods purchased by or on behalf of the United States and to become the property of the United States in connection with establishment, maintenance and operation of the facility.

10. Immigration and Customs Regulations

Each Government will take the necessary steps, in accordance with its immigration and customs legislation and regulations, and subject to such controls as are mutually agreed by the Cooperating Agencies, to facilitate the admission into its territory of such personnel, with their personal possessions, as may be assigned by the other Government to participate in the cooperative program.

11. Security

The Government of Canada shall take reasonable measures to protect the two remote data link transmitters and connecting cables from vandalism and inhibit the entry into the installation sites of unauthorized personnel.

12. Subsidiary Arrangements Between Cooperating Agencies

Subsidiary arrangements for the purpose of implementing this Agreement may be entered into by the Cooperating Agencies. Such subsidiary arrangements may be modified by the Cooperating Agencies as necessary from time to time, within the purposes of the present Agreement.

13. Protection of Wildlife and Objects of Historical Interest

No game, fish or wildlife shall be taken or molested by members of the construction force or personnel on the station staff, except as permitted by Canadian law.

No objects of archaeological interest or historical significance will be disturbed or removed from Canada.

14. Information

The scientific, technical performance and evaluation information derived by the appropriate authorities of each Government pursuant to this Agreement will be made available to the appropriate authorities of the other Government.

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The Secretary of State for External Affairs of Canada to the Ambassador of the United States of America

OTTAWA, October 16, 1978

No. GNT-355

His Excellency Thomas O. Enders,
Ambassador of the United States of America,
Ottawa

Excellency,

I have the honour to refer to your Note No. 275 of September 29, 1978, concerning the emplacement of two data link transmitters and connecting cable in the bed of the St. Marys River in Ontario, as part of a cooperative experimental electronic-magnetic aid to navigation subsystem intended to enhance existing monitoring of vessel traffic flow in the River.

I am pleased to inform you that the Government of Canada accepts the proposals set forth in your Note and the Annex thereto. The Government of Canada further agrees that your Note and the Annex thereto, together with this reply, which is authentic in English and French, shall constitute an agreement between our two Governments which will enter into force on the date of this Note (with effect from September 1, 1977) and remain in force until May 31, 1980.

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

Don Jamieson,

Secretary of State for External Affairs