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Exchange of Notes between the Government of Canada and the Multinational Force and Observers constituting an Agreement further amending the Agreement on the Participation of Canada in the Sinai Multinational Force and Observers, signed June 28, 1985, as amended March 18, 1986 [1990] CATSer 6 (28 March 1990)

E101841 - CTS 1990 No. 11

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE MULTINATIONAL FORCE AND OBSERVERS CONSTITUTING AN AGREEMENT FURTHER AMENDING THE AGREEMENT ON THE PARTICIPATION OF CANADA IN THE SINAI MULTINATIONAL FORCE AND OBSERVERS, SIGNED JUNE 28, 1985, AS AMENDED MARCH 18, 1986

I

The Director General of the Multinational Force and Observers to the Ambassador of Canada to Italy

MULTINATIONAL FORCE AND OBSERVERS

ROME, 14 March 1990

His Excellency Alan Sullivan
Embassy of Canada
Roma

Dear Mr. Ambassador:

I have the honor of referring to the recent decision to repatriate the Rotary Wing Aviation Unit ("RWAU") contributed by your Government, and to discussions on amending the Terms of Participation annexed to the Exchange of Notes of 28 June 1985 (the "Participation Agreement") together with the related Exchange of Notes with respect thereto dated March 18, 1986 (hereafter together referred to as the "Terms of Participation"), to reflect this decision and provide for Canada's continuing participation in the Multinational Force and Observers.

The MFO wishes here to record its gratitude for the provision of this Unit, and to note with appreciation the dedicated service the RWAU has rendered to the MFO for the past four years. As I have previously communicated, I am relieved that this decision addresses a mutual interest, and that what might have been a very painful cost-savings measure has occurred in an environment in which your Government finds its own resources strained to meet other important peacekeeping commitments.

I am also pleased that Canada's participation will be maintained in a variety of key positions in the Force. This will allow us to retain both the symbol of dedicated service to peacekeeping that Canada represents and the professional contribution your personnel have made to our unique mission.

I therefore have the honor to propose that the MFO and the Government of Canada agree on the technical amendments to the Terms of Participation set forth in the Annex hereto, and that Canada's ongoing MFO participation after the repatriation of the RWAU continue to be governed by the Terms of Participation subject to and in accordance with these amendments. It is understood that all matters relating to the repatriation of the RWAU and relevant financial arrangements shall be addressed in a separate agreement.

If the above is satisfactory to your Government, I have the further honor to propose that this Note and its Annex, together with your affirmative response, shall constitute an Agreement between your Government and the MFO, effective on 28 March, 1990.

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

Wat T. Cluverius IV

Director General

ANNEX

A. Part I of the Terms of Participation set forth in the Participation Agreement shall be replaced in its entirety by the following:

"I. COMPOSITION AND MISSION OF THE CANADIAN CONTINGENT

1. The Government of Canada shall provide a contingent of approximately 25 personnel, composed, inter alia, of staff-trained officers for those positions on the MFO Force Commander's staff as may be mutually agreed upon; an air traffic control section; and of personnel for such other missions as may be mutually agreed.

2. In performing the air traffic control mission, the Canadian contingent may be augmented by personnel from other Participating States. The MFO shall come to agreement with Canada upon the nature and extent of such non-Canadian augmentation before implementing any augmentation arrangements."

B. Parts II, III and IV of the Terms of Participation set forth in the Participation Agreement shall continue in full force and effect except as provided hereinbelow:

Part II

Paragraphs 7, 8, 9, and 11 shall be deleted in their entirety and shall be of no more force or effect.

Part III

1. Paragraph 1 shall remain in force and effect, but the third and fourth sentences thereof shall be replaced by the following sentence: "The Force Commander shall issue orders to the Contingent Commander in accordance with the chain of command established by the Force Commander pursuant to the Protocol."

2. Paragraph 3 (a) shall remain in effect; however Canada shall continue to use reasonable efforts to maintain the alternative arrangements for mail support it has made with the U.S. Military Postal Service Agency.

II

The Ambassador of Canada to Italy to the Director General of the Multinational Force and Observers

CANADIAN EMBASSY

ROMA, 14 March 1990

Mr. Wat T. Cluverius IV
Director General
Multinational Force and Observers (MFO)
Roma, Italy

Sir,

I have the honour to refer to your Note of today's date which reads as follows:

(See MFO Note of March 14, 1990)

I have the honour to confirm that these proposals are acceptable to the Government of Canada. Accordingly, your Note and its Annex together with this reply, which is authentic in English and French, shall constitute an Agreement between the Government of Canada and the Multinational Force and Observers, effective 28 March, 1990.

Alan Sullivan

Ambassador