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Agreement between the Government of Canada and the Government of the Federal Republic of Germany concerning Host Nation Support during Crisis or War [1989] CATSer 13 (9 June 1989)

E101043 - CTS 1989 No. 10

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY CONCERNING HOST NATION SUPPORT DURING CRISIS OR WAR

The Government of Canada and the Government of the Federal Republic of Germany,

Conscious of their obligations under the North Atlantic Treaty of 4 April 1949,

Convinced that the defence capabilities of the North Atlantic Alliance will be enhanced by Host Nation Support during times of crisis or war,

Under the provisions of the Agreement of 19 June 1951 between the Parties to the North Atlantic Treaty Regarding the Status of their Forces (NATO SOFA) and the Agreement of 3 August 1959 to Supplement the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces with respect to Foreign Forces stationed in the Federal Republic of Germany (Supplementary Agreement),

Have agreed as follows:

ARTICLE 1

Type and Extent of Canadian Commitments

1. Consonant with paragraph 2 of Article 1 of the Convention on the Presence of Foreign Forces in the Federal Republic of Germany dated 23 October 1954, in times of crisis or war, the Government of Canada in agreement with the Government of the Federal Republic of Germany intends to reinforce its one brigade, three flying squadrons and support forces stationed in the Federal Republic of Germany by an additional brigade, two flying squadrons and support forces to bring the land and air forces to divisional status in accordance with current NATO reinforcement plans for successful forward defence on the territory of the Federal Republic of Germany, inclusive of any revision brought thereto.

2. For the purposes of this Agreement, the Contracting Parties shall jointly determine when a crisis or war occurs. The deployment of forces shall be the subject of consultations between the Contracting Parties and NATO in accordance with Articles 3 and 5 of the North Atlantic Treaty of 4 April 1949.

ARTICLE 2

Type and Extent of German Support

1. In order to facilitate the support of the reinforced armed forces of Canada and their civilian component in the Federal Republic of Germany, the Government of the Federal Republic of Germany intends, subject to Technical Arrangements to be concluded between the Minister of National Defence of Canada and the Federal Minister of Defence of the Federal Republic of Germany, based on appropriate feasibility studies, to render the Government of Canada civilian support during times of crisis or war.

2. Such support shall be provided in accordance with applicable laws and regulations of the Federal Republic of Germany and to the extent possible and compatible with the vital interests of the civilian population on the same terms and conditions as support for the Bundeswehr.

ARTICLE 3

Costs

The Government of Canada shall bear the costs incurred by the Federal Republic of Germany in implementing this Agreement, with details to be regulated by the Technical Arrangements referred to in Article 2 of this Agreement.

ARTICLE 4

Joint Committee

1. A joint committee, co-chaired by a representative of each Government, shall be established. The joint committee shall be informed of all questions that cannot be solved between the Canadian and German agencies concerned.

2. The joint committee shall meet as scheduled by the co-chairmen at least annually.

ARTICLE 5

Entry into Force and Termination

1. This Agreement shall enter into force upon signature by the Contracting Parties. It shall remain in force for the duration of the North Atlantic Treaty and may be amended at any time by mutual consent. Amendments must be in writing.

2. This Agreement may be terminated by either Contracting Party giving twelve months notice in writing.

DONE at Bonn this 9th day of June 1989 in duplicate in the English, French and German languages, all three texts being equally authoritative.

William T. Delworth

FOR THE GOVERNMENT OF CANADA

Hans-Werner Lautenschlager

FOR THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY