Home | Databases | WorldLII | Search | Feedback Canadian Treaty Series

Exchange of Notes between the Government of Canada and the Government of the Union of Soviet Socialist Republics constituting an Agreement on Nuclear Cooperation involving the Enrichment of Uranium [1989] CATSer 30 (20 November 1989)

E101762 - CTS 1989 No. 26

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNION OF SOVIET SOCIALIST REPUBLICS CONSTITUTING AN AGREEMENT ON NUCLEAR COOPERATION INVOLVING THE ENRICHMENT OF URANIUM

I

The Minister of Foreign Affairs of the Union of Soviet Socialist Republics to the Secretary of State for External Affairs of Canada

(Translation)

MOSCOW, November 20, 1989

His Excellency Joe Clark,
Secretary of State for External Affairs of Canada

Excellency,

I have the honour to refer to the Agreement between the Government of Canada and the Government of the Union of Soviet Socialist Republics for Cooperation in the Peaceful Uses of Nuclear Energy signed at Moscow on this date (hereinafter referred to as the "Cooperation Agreement").

Within the scope of the Cooperation Agreement, Canada and the Union of Soviet Socialist Republics wish to continue their nuclear cooperation involving the enrichment of uranium obligated to Canada in enrichment facilities of the Union of Soviet Socialist Republics.

To this end, I have the honour to propose that, unless otherwise agreed by the parties:

(a) where nuclear material that originates in or is subject to a nuclear cooperation agreement with one of the Parties to the Cooperation Agreement (hereinafter the "Originating Party") is received by the other party (hereinafter the "Processing Party"), either directly or indirectly, for processing, including conversion, enrichment and fabrication, on behalf of a third party, that nuclear material shall be transferred from the Processing Party to a third party that is acceptable to the Originating Party and has been so designated in writing. Such transfers of nuclear material shall take place within twelve (12) months of the entry of such nuclear material into the territory of the Processing Party.

(b) if nuclear material is transferred from the Processing Party as required in paragraph (a) above, the requirements of Article VII(2) of the Cooperation Agreement shall be deemed to be satisfied with reference to that nuclear material.

(c) for the purpose of Article V of the Cooperation Agreement, the Originating Party provides consent for the Processing Party to transfer nuclear material identified in paragraph (a) above to those third parties that are acceptable to the Originating Party and have been so designated in writing.

(d) with reference to Article IV(2) of the Cooperation Agreement, nuclear material received by the Processing Party from a third party that has identified the nuclear material as being subject to a nuclear cooperation agreement with the Originating Party shall be subject to the Cooperation Agreement.

(e) the administrative arrangements required by Article X of the Cooperation Agreement shall include all administrative procedures necessary to facilitate the effective implementation of the provisions of this Note.

If the foregoing is acceptable to the Government of Canada, I have the honour to propose that this Note, together with your Excellency's Note of reply, shall constitute an agreement. This agreement shall enter into force on the date of your Excellency's Note of reply and shall remain in force as long as the Cooperation Agreement is in force.

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

Eduard Shevardnadze

II

The Secretary of State for External Affairs of Canada to the Minister of Foreign Affairs of the Union of Soviet Socialist Republics

CANADIAN EMBASSY

MOSCOW, November 20, 1989

His Excellency E. A. Shevardnadze
Minister of Foreign Affairs of the
Union of Soviet Socialist Republics
Moscow, U.S.S.R.

Excellency,

I have the honour to refer to your Excellency's Note of today's date which in English reads:

"(See Russian Note of November 20, 1989 )"

I have the honour to confirm that the proposals are acceptable to the Government of Canada, and that your Note, together with this reply, which is authentic in both English and French, shall constitute an agreement, which shall enter into force on today's date and remain in force so long as the Cooperation Agreement is in place.

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

Joe Clark