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Agreement between the Government of Canada and the Government of the Democratic Republic of the Sudan for the Training in Canada of Personnel of the Armed Forces of the Democratic Republic of the Sudan [1982] CATSer 20 (31 October 1982)

E100947 - CTS 1982 No. 22

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF THE SUDAN FOR THE TRAINING IN CANADA OF PERSONNEL OF THE ARMED FORCES OF THE DEMOCRATIC REPUBLIC OF THE SUDAN

The Government of Canada and the Government of the Democratic Republic of the Sudan, hereinafter referred to as Canada and Sudan respectively,

Considering that Sudan has requested Canada to provide training in Canada for personnel of the armed forces of Sudan,

Have agreed as follows:

ARTICLE I

Definitions

In this Agreement:

(a) “trainee” means a member of the armed forces of Sudan who has been authorized by his government to undergo training in Canada with the Canadian Forces and who has been accepted by Canada for training;

(b) “training” means the military training prescribed by the Chief of the Defence Staff of the Canadian Forces.

ARTICLE II

Training and Costs

Subject to terms and conditions of this Agreement, Canada shall provide training in Canada for trainees in such numbers as may from time to time be agreed upon by the appropriate authorities of the Sudan and Canada.

ARTICLE III

Unless other arrangements are made for particular courses of training, costs shall be borne as follows:

(a) Canada shall bear the costs of:

(i) the allowances mentioned in subparagraphs (b) (iii) and (iv) of Article IV of this Agreement,

(ii) tuition, clothing and equipment required for training, and all other training costs,

(iii) rations and quarters,

(iv) duty travel in connection with the training, and

(v) administration, including routine medical and dental care.

(b) Sudan shall bear the cost of:

(i) the pay and allowances mentioned in subparagraph (a) of Article IV of this Agreement,

(ii) the maintenance allowance provided for in subparagraph (b) (i) of Article IV of this Agreement,

(iii) the clothing allowance provided for in subparagraph (b) (ii) of Article IV of this Agreement,

(iv) return commercial transportation between Sudan and Canada, including all in transit costs,

(v) major medical care relating to serious injury and illness and major dental care, and

(vi) ex-gratia payments made under Article XIII of this Agreement.

ARTICLE IV

Pay and Allowances

Trainees during their period of training in Canada shall be paid as follows:

(a) Sudan shall issue to the credit of each trainee in Sudan such pay and allowances, according to his rank, as he may be entitled to receive under Sudan regulations. The Sudanese authorities will assume responsibilities for arrangements such as assignments or deductions from such pay and allowances, which may be required to meet such obligations as the support of a trainee’s dependents in the Sudan. A trainee may make private arrangements to draw upon any balance of such pay and allowances remaining to his credit to meet his personal expenses while in Canada, if and to the extent that such arrangements are permitted by the Sudanese authorities. Pay and allowances issued by the Sudan shall be exempt from Canadian taxation.

(b) Allowances shall be issued by Canada to each trainee, to meet his living and other expenses during his period of training, as follows:

(i) a maintenance allowance at a rate appropriate to the trainee’s rank,

(ii) a clothing allowance if the trainee is in Canada for at least two months or during the winter season (October to April),

(iii) a ration allowance, in an amount to be determined by the Minister of National Defence, at any time that rations are not provided to the trainee free of charge,

(iv) a leave transportation allowance when appropriate, having regard to the duration of the training, and at the rates applicable to members of the Canadian Forces.

(c) The rate of the maintenance allowance and clothing allowance mentioned above will be determined in consultation with the Sudan authorities. Allowances issued by Canada shall be exempt from Sudan taxation.

ARTICLE V

Military Jurisdiction

Trainees shall not, during the period of their training in Canada, be subject to the Code of Service Discipline of the Canadian Forces. The authorities of Sudan will, however, issue in advance to trainees appropriate written orders, a copy of which will be conveyed to the authorities of Canada, to ensure compliance by the trainees with orders and instructions issued to them by the authorities of the Canadian Forces during the period of their training in Canada. If, in the opinion of the authorities of the Canadian Forces, a trainee fails to comply with said orders and instructions, his training may be terminated.

ARTICLE VI

Prohibited Activities

A trainee shall not during the period of training in Canada:

(a) be required to participate in any form of combat operations either in or out of Canada or in aid of civil power; or

(b) be required to perform any functions, duty or act that is inconsistent with the purpose of this Agreement.

ARTICLE VII

Canadian Law

Trainees will be amenable to the civil and criminal laws in force in Canada and to the jurisdiction of civil and criminal courts in Canada.

ARTICLE VIII

Security

Canada shall take measures to ensure the security and protection within Canada of the person and property of trainees, to the extent that it does for members of the Canadian Forces.

ARTICLE IX

Security

The Sudan shall take security measures to prevent the disclosure by a trainee, after the cessation of his training, to any other government or to any unauthorized person of classified Canadian information of which he may become cognizant in his capacity as a trainee.

ARTICLE X

Claims

Canada waives all claims against the Sudan for losses of, or damage to, any property owned or used by Canada where such loss or damage is caused by a trainee acting in the course of his official duties and where there is no evidence of neglect or malice on the part of the trainee.

ARTICLE XI

Canada and the Sudan waive all claims against each other for injury or death suffered by a trainee or a member of the Canadian Forces while either is engaged in the performance of his official duties. Where a claim is made against Canada by any person for the injury or death suffered by a trainee in the performance of his duties, Sudan shall indemnify Canada in respect of costs incurred and damages paid by Canada in dealing with such a claim.

ARTICLE XII

A claim against the Sudan, or a trainee, arising out of an act or omission of a trainee in the performance of his official duties, shall be assimilated to and be dealt with by Canada as if it were a claim arising out of the activities of a member of the Canadian Forces in the performance of his official duties in Canada. This Article shall not apply to any claim arising in connection with the death or injury to a trainee.

ARTICLE XIII

Ex-gratia Payments

Claims against trainees arising out of acts or omissions in Canada not done in the performance of official duty may be dealt with in the following manner:

(a) Canadian authorities may investigate the incident giving rise to the claim and prepare a report on the case including an estimate of the amount of money which the Canadian authorities consider would represent reasonable compensation for the death, injury or property damage or loss suffered by the claimant.

(b) The report may be delivered to the Sudan authorities who, upon receipt, shall decide without delay whether to offer an ex-gratia payment, and, if so, of what amount.

(c) Any offer of an ex-gratia payment or payment itself by the Sudan authorities may be sent to the claimant directly or through the Deputy Minister of the Department of National Defence.

(d) Nothing in this Article affects the jurisdiction of courts in Canada to entertain an action against a trainee unless and until there has been payment in full satisfaction of the claim.

(e) Where the claim has been adjudicated by a court in Canada or the Sudan and a judgment rendered in favour of the claimant, the Sudan authorities will consider whether to make an ex-gratia payment to satisfy the judgment, or to take such other steps as they may, within the bounds of Sudan domestic legislation, to seek compliance with the judgment.

ARTICLE XIV

Immigration

On the conditions in the second paragraph of this Article and subject to compliance with the formalities established by Canada relating to entry into, and departure from Canada, of military trainees from foreign countries, trainees shall be exempt from passport and visa regulations on entering or leaving Canada.

The following documents only will be required in respect of trainees and they must be presented on demand:

(a) personal identity card issued by the Sudan, and

(b) individual or collective movement order, in the English or French language, issued by the appropriate authorities of the Sudan.

ARTICLE XV

A trainee shall not by virtue of his presence in Canada as a trainee:

(a) acquire any right to remain in Canada after his training has been completed or otherwise terminated,

(b) acquire domicile in Canada.

ARTICLE XVI

Deceased Trainees and Their Estates

Official representatives of the Sudan shall have the right to take possession and make all arrangements in respect of the body of a trainee who dies in Canada and may dispose of the personal property of the estate after payment of debts of the deceased or the estate which were incurred in Canada and owed to persons ordinarily resident therein.

ARTICLE XVII

Termination of Training

Canada or the Sudan may terminate the training of a trainee at any time and shall give to the other reasonable notification of an intention to do so.

ARTICLE XVIII

A trainee whose training is terminated for any reason whatsoever shall be repatriated with the least possible delay by the Sudan.

ARTICLE XIX

Administrative Arrangements

The appropriate military authorities of the Sudan and Canada may establish mutually satisfactory procedures not inconsistent with the provisions contained herein, to carry out the intent of this Agreement and to give effect to its provisions.

ARTICLE XX

Revision

Either Canada or the Sudan may at any time request revision of any of the provisions of this Agreement.

ARTICLE XXI

Entry into Force and Termination

This Agreement shall enter into force upon signature and shall have effect retroactively from April 1, 1978. It shall remain in force until terminated by one of the following methods:

(a) by either Government after six months’ written notice to that effect has been given to the other Government;

(b) without complying with subparagraph (a) of this Article, by the withdrawal from Canada of all trainees by the Sudan where such withdrawal is in the public interest of the Sudan; or

(c) without complying with subparagraph (a) of this Article, by Canada without previous notification if Canada decides that such termination is in the public interest of Canada.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

DONE in duplicate at Khartoum, this 31st day of October, 1982 in the English and French languages, each version being equally authentic.

Robert Elliot

FOR THE GOVERNMENT OF CANADA

Abou Kadok

FOR THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF THE SUDAN