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Exchange of Notes between the Government of Canada and the Government of the United States of America amending the Agreement concerning the Application of Tolls on the St. Lawrence Seaway [1988] CATSer 25 (10 August 1988)

E100470 - CTS 1988 No. 30

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA AMENDING THE AGREEMENT CONCERNING THE APPLICATION OF TOLLS ON THE ST-LAWRENCE SEAWAY

I

The Ambassador of Canada to the Secretary of State of the United States of America

WASHINGTON, April 21, 1988

The Honourable George Shultz,
Secretary of State
Washington

Mr. Secretary:

I have the honour to refer to the discussions which have taken place between officials of the Saint Lawrence Seaway Development Corporation of the United States and the St. Lawrence Seaway Authority of Canada regarding the amendment of the Memorandum of Agreement between the parties dated January 29, 1959, and the annexed St. Lawrence Seaway Tariff of Tolls, which was annexed to the Exchange of Notes between our two governments of March 9, 1959, and amended in 1964, 1967, 1972, 1978, 1980, 1982, 1984, 1985, 1986 and 1987.

The discussions resulted, on October 6, 1987 at Washington, D.C., in the signa­ture by the Administrator of the Saint Lawrence Seaway Development Corporation of the enclosed Memorandum of Agreement and on October 14, 1987 at Ottawa, in the signature of the President of the St. Lawrence Seaway Authority of the said enclosed Memorandum of Agreement. This Memorandum of Agreement sets forth an amendment which deals with the division of tolls between the Seaway entities.

I have the honour to propose that, for the calendar year 1988, the tolls collected pursuant to the St. Lawrence Seaway Tariff of Tolls, for the section between Mon­treal and Lake Ontario, continue to be paid 73 percent in Canadian dollars and 27 percent in United States dollars.

I have the further honour to propose that this Note, which is authentic in En­glish and French, and the enclosed Memorandum of Agreement, if such meets with the approval of your Government, together with your Note in reply indicating such concurrence, shall constitute an Agreement between our two Governments, which shall enter into force on the date of your reply.

Upon entry into force, this Agreement shall amend and supplement the Agree­ment governing tolls on the St. Lawrence Seaway affected by the Exchange of Notes of March 9, 1959, as previously amended.

Allan Gotlieb

Ambassador

II

The Secretary of State of the United States of America to the Ambassador of Canada

WASHINGTON, August 10, 1988

His Excellency Allan E. Gotlieb,
Ambassador of Canada

Excellency:

I have the honor to refer to your Note Number 133, dated April 21, 1988, which refers to the conclusion of discussions between officials of our two Governments con­cerning the division of toll revenue between the Saint Lawrence Seaway Development Corporation in the United States and the St. Lawrence Seaway Authority in Canada and further to the signature by the two Seaway entities of the Memorandum of Agreement enclosed with your Note.

I have the further honor to inform you that these proposals are acceptable to the Government of the United States and to confirm that your Note, together with the enclosed Memorandum of Agreement, and this reply shall constitute an Agree­ment between the two Governments which shall enter into force on the date of this Note.

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

Rozanne L. Ridgway

for the Secretary of State

MEMORANDUM OF AGREEMENT

Memorandum of Agreement between The St. Lawrence Seaway Authority, hereinafter referred to as "Authority" and the Saint Lawrence Seaway Development Corporation, hereinafter referred to as "Corporation," respecting the Memorandum of Agreement between the parties dated January 29, 1959, as amended, hereinafter referred to as the "Agreement" and the St. Lawrence Seaway Tariff of Tolls.

The Authority and the Corporation, recognizing the financial requirements of the two entities, have agreed to recommend to their respective Governments the following amendment to the Agreement:

1. That paragraph 2 of the Agreement, including the subsequent modifications of the division of tolls derived from the operation of that portion of the St. Lawrence Seaway situated between Montreal and Lake Ontario be deleted and the following be substituted therefor:

2. That the division of the tolls derived from the operation of that por­tion of the St. Lawrence Seaway situated between Montreal and Lake Ontario shall, for calendar year 1988, be 73 percent in Canadian dol­lars, to the Authority and 27 percent in United States dollars, to the Corporation. Provided, however, that these percentages may be ad­justed from time to time.

2. That the terms and conditions of the Agreement as previously amended, except as herein modified, shall continue to remain in full force and effect.

THE ST. LAWRENCE SEAWAY AUTHORITY

William A. O'Neil, President

EXECUTED at Ottawa this 14th day of October, 1987

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

James L. Emery, Administrator

EXECUTED at Washington, D.C. this 6th day of October, 1987.