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Exchange of Notes between the Government of Canada and the Government of Italy concerning the Training in Canada of Personnel of the Italian Air Force [1982] CATSer 8 (3 May 1982)

E100923 - CTS 1982 No.15

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF ITALY CONCERNING THE TRAINING IN CANADA OF PERSONNEL OF THE ITALIAN AIR FORCE

I

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

OTTAWA, May 3, 1982

LAE-0435

His Excellency F.P. Fulci,
Ambassador of Italy
Ottawa

Excellency,

I have the honour to refer to talks held between representatives of the Governments of Canada and Italy concerning the training in Canada of personnel of the Italian Air Force. As a result of those talks (during which it was noted that the August 24, 1971 Exchange of Notes had been executed in accordance with its terms), I have the honour, on behalf of the Government of Canada, of proposing a new Agreement between our two Governments through which pilot training would be provided under the following terms:

1. The Government of Canada shall, in May 1982 and May 1983, accept for training in Canada by the Canadian Armed Forces, a number of student pilots of the Italian Air Force to be agreed upon by the Italian Air Chief of Staff and the Chief of the Defence Staff, Canadian Armed Forces, hereinafter referred to as the “competent authorities”.

2. The presence of Italian Air Force personnel in Canada shall be governed by Article 3 of the North Atlantic Treaty of 1949 as well as by the terms of the Agreement Between The Parties To The North Atlantic Treaty Regarding The Status Of Their Forces (NATO SOFA) dated June 19, 1951, as implemented in Canada by the Visiting Forces Act. The term “Italian Air Force” where used in the present Agreement means the “force” as defined in subparagraphs (a) and (b) of paragraph 1 of Article I of NATO SOFA.

3. Italian Air Force personnel present in Canada pursuant to the present Agreement shall observe applicable Base or Station Standing Orders issued by the Commanding Officer of the Canadian Forces Base or Station concerned. The Senior Italian Air Force representative shall be made aware of the Base or Station Standing Orders applicable to the Italian Air Force.

4. The conditions and terms to effect the training courses of Italian pilots in Canada will be determined in a Memorandum of Understanding which will be signed by the competent authorities indicated in paragraph 1 of the present Agreement.

5. This training shall be conducted at no cost to Canada and the Government of Italy shall pay the Canadian Government in advance of each phase of training the amount, which may be subsequently adjusted, as specified in the Memorandum of Understanding referred to in paragraph 4 of the present Agreement.

6. Claims shall be settled in accordance with Article VIII of NATO SOFA.

7. (a) The present Agreement shall, subject to subparagraph (b) below, remain in force until December 31, 1984, unless terminated in its entirety by either Government giving twelve months notice in writing to the other.

(b) The present Agreement may be suspended, at any time, in whole or in part, by either Government without notice to the other, if the Government suspending the Agreement considers such action necessary for reasons of national security such as war, invasion, revolt or rebellion.

8. In the event of termination or suspension of the present Agreement, financial consequences resulting therefrom shall be settled in separate negotiations.

If the foregoing is acceptable to the Government of Italy, I have the honour to propose that this Note, which is authentic in English and French, and your Note in reply, shall constitute an Agreement between our two Governments, which shall enter into force on the date of your reply.

Accept, Excellency, the assurances of my highest consideration.

Mark MacGuigan

Secretary of State for External Affairs

II

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

OTTAWA, May 3, 1982

The Honourable Mark MacGuigan,
Secretary of State for External Affairs,
Department of External Affairs
Ottawa

Sir,

I have the honour to refer to your Note of today’s date concerning training courses for Italian pilots in Canada, the text of which reads as follows:

“(See Canadian Note LAE-0435 of May 3, 1982)”

I have the honour to inform you that the Italian government agrees with the foregoing terms.

Therefore, your Note No. LAE-0435 of 3 May 1982, and this Note in reply constitutes an agreement between the Government of the Republic of Italy and the Government of Canada which will enter into force as of today’s date.

Please accept, Sir, the assurances of my highest consideration.

Francesco Paolo Fulci

Ambassador of Italy