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Exchange of Notes (July 26 and December 20, 1978) between the Government of Canada and the Government of the United States of America concerning the Establishment, Maintenance and Operation of Four Omega Navigation System Monitoring Stations in Canada [1978] CATSer 16 (20 December 1978)

E103768 - CTS 1978 No. 30

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONCERNING THE ESTABLISHMENT, MAINTENANCE AND OPERATION OF FOUR OMEGA NAVIGATION SYSTEM MONITORING STATIONS IN CANADA

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The Chargé d'affaires a.i. of the United States of America to the Secretary of State for External Affairs

EMBASSY OF THE UNITED STATES OF AMERICA

OTTAWA, July 26, 1978

No. 193

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

Sir:

I have the honor to refer to discussions between officials of our two Governments concerning the establishment, maintenance, and operation of four OMEGA Navigation System Monitoring Stations in Canada. These discussions have led to agreement that development of a cooperative program on the basis of the terms and conditions set forth in the Annex to this note would be in the mutual interest of our two countries.

I have the further honor to propose that, if an agreement to this effect meets with the approval of your Government, this Note and its Annex, together with your reply to that effect, shall constitute an agreement between our two Governments which shall enter into force on the date of your reply and shall remain in force for two years. Thereafter the agreement shall be renewed automatically for further additional periods of two years, subject to the right of either Party to terminate it at any time on six months' written notice to the other.

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

Robert W. Duemling

Chargé d'Affaires ad interim

ANNEX

Terms and Conditions governing the establishment, maintenance and operation of four OMEGA Navigation System Monitoring Stations in Canada

1. Cooperating Agencies

The project shall be conducted by cooperating agencies designated by each Government. On the part of the Government 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 may change the designation of its cooperating agency by means of a notice in writing to the other Government.

2. Site Selection

The C.C.G. will select four sites for the OMEGA monitoring stations at, or in the vicinity of, Inuvik, Northwest Territories; Resolute, Northwest Territories; Frobisher, Northwest Territories; and St. Anthony, Newfoundland. Location of the antennae and equipments at the selected sites will be the responsibility of the C.C.G. with the concurrence of the U.S.C.G.

3. OMEGA Monitoring Electric Equipment

The U.S.C.G. will: (a) furnish all electronic equipment and spare parts necessary to maintain and operate the OMEGA monitoring stations, including all required magnetic cassette recording tapes; (b) retain title to all equipment and parts; (c) ship the equipment and parts to the sites provided and bear all shipping costs; (d) provide technical assistance and supervise the installation of the receivers, recording devices and whip antennae; (e) repair any power supply, comparator, programmer and receiver modules (or equivalent equipment) requiring major repair. Such components will be returned to the U.S.C.G. at its expense when repair is required. Components such as light bulbs, recorder pens, etc., may be replaced and minor repairs may be accomplished by C.C.G.

The U.S.C.G. reserves the right to substitute new equipment, which will ease the data collection process, for equipment originally installed. The U.S.C.G. will provide 30 days advance notice of such substitutions.

4. System Operation

The C.C.G. will:

(a) provide qualified technical personnel necessary to maintain and operate the OMEGA monitoring equipment,

(b) provide minor on-site routine servicing, including changing magnetic cassette tapes at proper intervals and forwarding the tapes to the U.S.C.G. not less frequently than monthly,

(c) requisition replacement components for repair of defective equipment. U.S.C.G. personnel will visit the monitoring stations during the installation stage and may thereafter visit the stations for operational, maintenance, training and liaison purposes. Canadian personnel may similarly visit U.S.C.G. facilities for familiarization, training or liaison as required.

5. Financing

Expenses incident to the operation of the monitoring station equipment, including labor costs, installation of the antenna systems, electrical power and removal of equipment, will be borne by U.S.C.G.

The U.S.C.G. will fund the maintenance of returned modules and will reimburse the C.C.G. for minor local repairs in excess of $250.00 (U.S.) per annum.

6. Immigration and Customs Regulations

Each Government will take the necessary steps, in accordance with its immigration and customs 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.

7. 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 installation, operation and maintenance of the OMEGA monitoring stations. In particular, Canada shall grant remission of customs duties and excise taxes on goods imported specifically for the purpose of these facilities and of Federal sales and excise on goods purchased in Canada which are or are to become the property of the United States and are to be used in the construction, maintenance or operation of these facilities. Canada shall also grant refunds by way of drawback of the custom 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 the establishment, maintenance and operation of the facility.

8. Technical Characteristics and Site Requirements

The U.S.C.G. supplied OMEGA monitoring equipment will have the following characteristics:

(a) Equipment

Magnavox MX-1104 OMEGA Monitor Receiver

Weight: 75 lbs.

Dimensions: 15" x 15" x 15"

MFE Automatic Magnetic Cassette Tape Device

Weight: 10 lbs.

Dimensions: 10" x 10" x 8"

Eight Foot long Whip Antenna

Antenna Coupler

Antenna Cable

(b) Power Requirements

100-117/220-240 VAC

50-60HZ

100 Watts, 1 AMP

(c) Environmental Requirements

Temperature: 10°C to 50°C

Humidity: 90%

(d) Operation Training: Two-three days at installation time.

(e) Operator Attention: Several minutes per day.

(f) General: The receiver and recorder may be either 19-inch rack mounted or placed on a table, depending on what space is available. The receiver is fully automated, requiring only initial setting of desired parameters, a daily check to insure that the receiver is operating, replacement and mailing to U.S.C.G. of the magnetic tape cassettes on a monthly basis, and (where personnel are qualified) replacement of non-functioning circuit boards in the event of a receiver failure. The C.C.G. facility must provide an essentially continuous electrical power supply. Its electrical environment must exclude spurious emissions that will interfere with signal reception, including emissions from arcing of power transformers, welding equipment, heavy machinery, and overhead trolley power lines. The equipment shall not be exposed to temperatures in excess of 50 degrees C. and/or high humidity (above 90% for extended periods).

9. Ownership and Disposition of Equipment

The Government of the United States shall retain ownership of all equipment it provides or pays for in connection with the stations. The Government of the United States shall have the right to remove or dispose of all such property on termination of this agreement, or, to the extent it is no longer required for the operation of the stations, at other times. All shipping costs incurred in the removal of the equipment will be borne by the Government of the United States. 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 stations 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 an Exchange of Notes at Ottawa on August 28 and September 1, 1961.

10. Claims

No liability for any damage to property or injury to persons shall result solely by virtue of the fact that title to equipment or materials is vested in either party.

11. Time Schedule and Term of the Agreement

For planning purposes, the OMEGA monitoring stations at Frobisher, St. Anthony, Inuvik and Resolute will be emplaced by June 1978.

12. Security

The Government of Canada shall take reasonable measures to protect the four OMEGA monitoring installations from vandalism and the entry into the installation sites of unauthorized personnel.

13. 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.

14. Protection of Wildlife and objects of Historical Interest

No game, fish or wildlife shall be taken or molested by Government of United States personnel assigned to participate in the cooperative program, except as permitted by Canadian law.

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

15. 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 to the Ambassador of the United States of America

OTTAWA, December 20, 1978

No. FLA-l703

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

Excellency,

I have the honour to refer to your Note No. 193 of July 26, 1978 concerning the establishment, maintenance and operation of four OMEGA Navigation System Monitoring Stations in Canada.

The Government of Canada accepts your proposal that our two Governments conclude an Agreement on this subject in accordance with the terms and conditions set out in your Note and the Annex thereto.

Accordingly I have the honour to confirm that the Government of Canada agrees that your Note, together with its Annex, and this reply, which is authentic in English and French, shall constitute an Agreement between our two Governments which shall enter into force on the date of this Note and shall remain in force for two years. Thereafter the Agreement shall be renewed automatically for further additional periods of two years, subject to the right of either Party to terminate it at any time on six months' written notice to the other.

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

Don Jamieson

Secretary of State for External Affairs