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Exchange of Notes between the Government of Canada and the Government of Japan concerning the Establishment of a Temporary Satellite Support Facility at Churchill Research Range [1978] CATSer 3 (16 February 1978)

E102069 - CTS 1978 No. 4

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF JAPAN CONCERNING THE ESTABLISHMENT OF A TEMPORARY SATELLITE SUPPORT FACILITY AT CHURCHILL RESEARCH RANGE

I

The Ambassador of Japan to the Secretary of State for External Affairs for Canada

(Translation)

OTTAWA, February 16, 1978

His Excellency the Honourable Donald C. Jamieson
Secretary of State for External Affairs of Canada

Sir,

I have the honour to refer to the recent discussions held between the representatives of the Government of Japan and the Government of Canada concerning the establishment of a temporary satellite support facility at the Churchill Research Range, Manitoba, for the specific purpose of telemetry acquisition and command transmission (hereinafter referred to as "the facility") in connection with a project to study the physics of aurora polaris and its related phenomena over the northern auroral region through the Exos-A satellite (hereinafter referred to as "the Project"). The discussions have resulted in the understanding that the Project shall be subject to the following conditions:

1. The co-operation envisaged under this Agreement is to be conducted through a co-operating agency from each Government, which on the part of the Government of Japan will be the Institute of Space and Aeronautical Science of the University of Tokyo and on the part of the Government of Canada will be the National Research Council of Canada.

2. The Government of Canada shall ensure that all lands and rooms in the buildings of the Churchill Research Range required for the facility be made available on a rent-free basis for the duration of the Project. All other expenses incurred by the Government of Canada in connection with the preparation, construction, operation and termination of the facility shall be reimbursed to the Government of Canada by the Government of Japan.

3. The Government of Japan may construct, operate and maintain the facility at its own expense.

4. (A) The Government of Japan shall be responsible of those portions of Canada's property assigned to the Government of Japan for its use at the Churchill Research Range and shall be responsible for returning the property to its original state following the termination of operation of the facility or to such state as may be otherwise agreed upon by the two Governments or their respective co-operating agencies.

(B) The Government of Japan recognizes its obligations in respect of all matters of liability related to its position as occupier or operator during the operation of the facility. Should any question of such liability under Canadian law arise vis-à-vis the Government of Canada, its agencies or any third party in Canada, all possible measures will be taken by the Government of Japan to provide appropriate compensation for the damage.

5. The Government of Japan shall retain ownership of any movable property it provides. It shall remove or dispose of all such property as expeditiously as possible following the termination of operation of the facility.

6. The co-operating agency of the Government of Canada will be responsible for arranging through appropriate channels, for the assigning of frequencies and authority to establish the radio system for the operation of the facility. Commercial communications systems will be used where practical for communication between the facility and appropriate facilities in Japan. The cost of such services will be borne by the Government of Japan.

7. The Government of Japan will inform the Government of Canada through the co-operating agencies of the program of scientific experimentation being conducted under the Project, and scientific data obtained by the station shall in like manner be made available to the Government of Canada on request within a reasonable period of time. Results of each experiment will be made available to the scientific community in general through publication in appropriate journals or through other established channels.

8. The Government of Canada shall facilitate the entry into Canada of the Japanese personnel necessary for the construction, operation and maintenance of the facility, as well as of the material and equipment necessary for the same purposes. For the purpose of this Agreement, the term "Japanese personnel" means the employees of the co-operating agency of the Government of Japan and contractor personnel of that agency engaged in or connected with Japanese activities at the facility, including persons who are not Japanese nationals, but excluding Canadian citizens or persons ordinarily resident in Canada.

9. (A) The Government of Canada shall grant relief to the Government of Japan from all federal taxes and customs duties on material or equipment that is, or will become the property of the Government of Japan, and that is to be used in the construction, maintenance or operation of the facility, provided that it is administratively and economically possible to determine the amount of taxes and duties applied to such material or equipment.

(B) The personal effects and goods of the Japanese personnel to be brought into Canada shall be exempt from import duties and taxes, provided that, except as authorized by the appropriate Canadian authorities, such personal effects and goods may not be disposed of in Canada by way of sale or gift or otherwise.

(C) Income derived by the Japanese personnel from rendering services to the Government of Japan in Canada shall be exempt from taxation in Canada.

(D) While they are in Canada, the Japanese personnel shall be exempt of any taxation depending upon domicile or residence in Canada.

10. The details and procedures for co-operation in this Agreement shall be provided for in the implementing arrangement to be agreed-upon between the co-operating agencies of the two Governments.

11. This Agreement shall be implemented by the two Governments in accordance with the laws and regulations in force in the respective countries.

12. The two Governments will consult with each other in respect of any matter that may arise from or in connection with this Agreement.

If the Government of Canada concurs, I propose that this Note and your reply to that effect shall constitute an Agreement between the two Governments which will enter into force on the date of your reply and remain in effect until May 1, 1980, unless sooner terminated by either Government with prior written notice of termination of 90 days.

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

Yasuhiko Nara

Ambassador

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The Secretary of State for External Affairs for Canada to the Ambassador of Japan

OTTAWA, February 16, 1978

No. FLA-105

His Excellency Yasuhiko Nara
Ambassador Extraordinary and Plenipotentiary of Japan
Ottawa

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's Note of today's date which reads as follows:

(See Note from the Ambassador of Japan dated February 16, 1978)

I have further the honour to inform you that these proposed arrangements are acceptable to the Government of Canada and to confirm that Your Excellency's Note and this reply, which is equally authentic in English and French, shall constitute an Agreement between our two Governments which will enter into force on the date of this reply and remain in effect until May 1, 1980, unless sooner terminated by either Government with prior written notice of termination of ninety days.

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

Donald C. Jamieson

Secretary of State for External Affairs