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Exchange of Letters between the Government of Canada and the United Nations amending the Agreement concerning Third Party Claims Arising out of Acts Committed by Members of the Canadian Contingent with UNFICYP [1979] CATSer 9 (30 March 1979)

E103513 - CTS 1979 No. 24

EXCHANGE OF LETTERS BETWEEN THE GOVERNMENT OF CANADA AND THE UNITED NATIONS AMENDING THE AGREEMENT CON­CERNING THIRD PARTY CLAIMS ARISING OUT OF ACTS COMMIT­TED BY MEMBERS OF THE CANADIAN CONTINGENT WITH UNFICYP

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The Ambassador and Permanent Representative of Canada to the United Nations to the Under-Secretary-General for the United Nations

March 30, 1979

Mr. Erik Suy
Under-Secretary-General
The Legal Counsel
United Nations
New York

Dear Mr. Suy,

I have the honour to refer to the exchange of letters dated 25 March l970, between the Government of Canada and the United Nations constituting an Agree­ment concerning Third Party Claims arising out of acts committed by members of the Canadian contingent with UNFICYP.

Paragraph 5 of the Secretary-General's letter of 25 March 1970, states in part: Where the agreed sum of compensation does not exceed Pounds 500 Sterling, UNFICYP, after obtaining a general release from the claimant, shall make the necessary payment and debit the Government of Canada. Where the agreed sum of compensation exceeds Pounds 500 Sterling, the relevant file and information shall be forwarded to the United Nations Headquarters, New York, for consultation between the United Nations and the Canadian Mission to the United Nations on questions of liability and final settlement.

In recent years changes in the value of the Pound Sterling in relation to the Dol­lar have considerably reduced the flexibility of the system in comparison to the origi­nal intention of the parties when concluding this Agreement.

Accordingly, on instructions from my Government, I have the honour to propose that where the phrase "Pounds 500 Sterling" appears in the two sentences quoted above it shall be replaced by the words: "Dollars 1,500 Canadian, expressed in Cypriot Pounds to the nearest round figure."

If this proposal is acceptable to the United Nations, I have the honour to pro­pose that this letter, which is authentic in English and French, and your reply to that effect shall constitute an Agreement between the Government of Canada and the United Nations amending paragraph 5 of the Agreement of 25 March 1970 which shall enter into force on the date of your reply with retroactive effect as from 20 September 1976.

Yours sincerely,

William H. Barton

Ambassador and Permanent Representative

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The Under-Secretary-General for the United Nations to the Ambassador and Permanent Representative of Canada to the United Nations

30 March 1979

His Excellency Mr. William H. Barton
Ambassador Extraordinary and Plenipotentiary
Permanent Representative of Canada to the United Nations
Permanent Mission of Canada to the United Nations
New York

Sir,

I have the honour to acknowledge receipt of your letter of 30 March 1979, proposing an amendment to the Supplementary Agreement of 25 March 1970 between the Government of Canada and the United Nations concerning third party claims arising out of acts committed by members of the Canadian Contingent serv­ing with the United Nations Force in Cyprus.

I have the honour to inform you that the proposal contained in your letter is acceptable to the United Nations, and further, to confirm that your letter and this reply, which are authentic in English and French, shall constitute an agreement between the Government of Canada and the United Nations amending paragraph 5 of the Agreement of 25 March 1970, with retroactive effect as of 20 September 1976.

Yours sincerely,

Erik Suy

The Legal Counsel