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Exchange of Notes (March 7 and 10, 1980) between the Government of Canada and the Government of the United Kingdom concerning Transport Assistance by Canadian Armed Forces to the Election Observers in Rhodesia [1980] CATSer 1 (9 February 1980)

E101039 - CTS 1980 No. 3

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED KINGDOM CONCERNING TRANSPORT ASSISTANCE BY CANADIAN ARMED FORCES TO THE ELECTION OBSERVERS IN RHODESIA

I

The Secretary of State for Foreign and Commonwealth Affairs of the United Kingdom to the High Commissioner for Canada

7 March 1980

No. CP 011/4

Her Excellency Mrs. Jean Wadds
High Commissioner of Canada
Canadian High Commission
London

Your Excellency

I have the honour to refer to recent discussions between officials of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Canada concerning transport assistance by Canadian armed forces to the election observers in Southern Rhodesia. These discussions have led to an Agreement on the basis of the terms and conditions set forth in the Annex to this Note.

If the terms and conditions set out in the Annex are acceptable to the Government of Canada, I have the honour to propose that this Note and its Annex, together with Your Excellency's reply to that effect, shall constitute an Agreement between our two Governments which shall be deemed to have entered into force on 9 February 1980.

I have the honour to convey to Your Excellency the assurance of my highest consideration.

(for the Secretary of State)

Charles Powell

ANNEX

1. Role

The role of the Canadian Forces Unit is to provide air transportation in Southern Rhodesia from 14 February to 3 March 1980,

a) primarily for the Commonwealth and other election observers, and for the Election Commissioner and his immediate staff and,

b) as space permits, for other Election Commission staff, other staff directly engaged in the organization and supervision of the elections and members of the press, with the approval of the Election Commissioner.

2. Size

The Canadian Forces Unit will comprise three CC115 Buffalo aircraft and approximately 70 all ranks including aircrews, ground support personnel and their equipment.

3. Withdrawal arrangements

It is understood that the operation will cease on 3 March and that, in the light of this target date, the Government of Canada intends to commence redeployment to Canada on 4 March. In any event it is the intention of the Canadian Government to repatriate the air unit prior to the date of independence. Notwithstanding the foregoing, the Government of Canada retains the right to withdraw its contingent, with as much advance notice to the United Kingdom Government as is feasible and after all practicable consultations with the United Kingdom Government, if in any circumstances it is considered to be in the public interest of Canada to do so.

4. Jurisdiction

It is understood that members of the Canadian Forces serving in Southern Rhodesia will be exempt from proceedings in the courts of Southern Rhodesia, in accordance with the Southern Rhodesia (Commonwealth Forces) (Jurisdiction) Order 1979 of the United Kingdom; and that the Canadian service authorities may exercise jurisdiction in southern Rhodesia in respect of members of the Canadian Forces according to Canadian legislation providing for the regulation and discipline of those forces. It is further understood that each of our Government waives claims against the other arising from acts or omissions by members of their armed forces but that acts or omissions by Canadian Forces members in the performance of official duty giving rise to civil actions against them will be settled at the United Kingdom's costs; acts or omissions by Canadian Forces members not done in the performance of official duty which give rise to civil actions against them will be settled in accordance with the laws and practices of Canada and not at the expense of the United Kingdom.

5. Command and Control

It is understood:

(a) that all Canadian Forces personnel will remain under national command throughout the duration of their deployment;

(b) that the commanding officer will report to a single authority in the Office of the Election Commissioner and that the same authority will be responsible for the tasking of the Unit;

(c) that a liaison relationship between the commanding officer and the senior Canadian election observer will be established.

6. Costs

It is understood that:

(a) Canada has agreed to absorb the costs incurred in the deployment of the Unit to Rhodesia and its repatriation to Canada;

(b) the United Kingdom is to provide, maintain and meet all in-country operational costs associated with the provision of the Canadian air transport services;

(c) the United Kingdom will provide all normal supply, administrative and communications services without charge;

(d) the United Kingdom is to meet all in-country direct costs incurred and paid by Canada including the cost of accommodation, rations and daily subsistence allowances for all personnel at the approved Canadian rates.

7. Miscellaneous

It is understood:

(a) that Canadian aircrew will carry side arms during flying operations while in the theatre for use in self-defence;

(b) that secure accommodation for aircraft and maintenance will be provided and that Unit members will live in commercial accommodation;

(c) that Royal Rhodesian Air Force medical/dental facilities will be available as required by members of the air unit.

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The Canadian High Commissioner for Canada to the Secretary of State for Foreign and Commonwealth Affairs of the United Kingdom

10 March 1980

The Right Honourable The Lord Carrington, KCMG, MC
Secretary of State for Foreign and Commonwealth Affairs
London

Sir,

I have the honour to acknowledge the receipt of your Note No. CP 011 / 4 of 7 March 1980 which reads as follows:

(See Canadian Note No. CP 011 / 4 dated March 7, 1980)

I am pleased to inform you that the Government of Canada accepts the terms and conditions set forth in your Note and its Annex. The Government of Canada further agrees that your Note and its Annex, together with this reply, which is authentic in English and French, shall constitute an Agreement between our two Governments which shall be deemed to have entered into force on 9 February 1980.

Jean Casselman Wadds

High Commissioner