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Exchange of Notes between the Government of Canada and the Government of the United States of America providing Privileges and Immunities to the Administrative and Technical Staffs of the United States' Embassy in Ottawa and the Embassy of Canada in Washington [1993] CATSer 16 (21 September 1993)

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EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE UNITED STATES OF AMERICA PROVIDING PRIVILEGES AND IMMUNITIES TO THE ADMINISTRATIVE AND TECHNICAL STAFFS OF THE UNITED STATES' EMBASSY IN OTTAWA AND THE EMBASSY OF CANADA IN WASHINGTON

I

The Secretary of State for External Affairs to the Ambassador of the United States of America

OTTAWA, August 26, 1993

Note No. JLA-0786

His Excellency James Johnston Blanchard
Ambassador
Embassy of the United States of America
Ottawa

Excellency,

I have the honour to refer to recent discussions between representatives of the Government of Canada and the Government of the United States of America concerning the privileges and immunities of members of the administrative and technical staff of the Embassy of Canada in the United States of America and members of the administrative and technical staff of the Embassy of the United States of America in Canada.

In the light of those discussions, and on instructions of my Government, I have the honour to propose, on the basis of reciprocity, that members of the administrative and technical staff of the Embassy of Canada in the United States and members of the administrative and technical staff of the Embassy of the United States in Canada, and the members of their families forming part of their households, be accorded the privileges and immunities of diplomatic agents as specified in the 1961 Vienna Convention on Diplomatic Relations. These privileges and immunities shall extend to members of the administrative and technical staff who are nationals of the sending state and not nationals of, or permanently resident in, the receiving state, and members of their families who are not nationals of, or permanently resident in, the receiving state.

For Canada, the legal authority for entering into this agreement is the Foreign Missions and International Organizations Act (which incorporates the relevant articles of the Vienna Convention on Diplomatic Relations). For the United States, the legal authorities for entering into this agreement are the Vienna Convention on Diplomatic Relations and the Diplomatic Relations Act.

It is understood that this agreement is without prejudice to the position of either government with regard to the interpretation of that Convention.

If the foregoing is acceptable to your Government I propose that this Note, which is authentic in English and in French, and your reply to that effect, shall constitute an agreement between the Government of Canada and the Government of the United States of America which shall enter into force on the date on which the parties have notified one another in writing that the requirements under their legislation to grant such diplomatic privileges and immunities have been met.

I avail myself of this opportunity to renew to your Excellency the assurances of my highest consideration.

Barry Mawhinney
Legal Advisor

for The Secretary of State for External Affairs

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The Ambassador of the United States of America to the Secretary of State for External Affairs of Canada

September 2, 1993

No. 285

Dear Mr. Minister,

I have the honor to refer to your Note No. JLA-0786 of August 26, 1993, the text of which is as follows:

Quote: Excellency, I have the honour to refer to recent discussions between representatives of the Government of Canada and the Government of the united States of America concerning the privileges and immunities of members of the administrative and technical staff of the Embassy of Canada in the United States of America and members of the administrative and technical staff of the Embassy of the United States of America in Canada.

In the light of those discussions, and on instructions of my Government, I have the honour to propose, on the basis of reciprocity, that members of the administrative and technical staff of the Embassy of Canada in the United States and members of the administrative and technical staff of the Embassy of the United States in Canada, and the members of their families forming part of their households, be accorded the privileges and immunities of diplomatic agents as specified in the 1961 Vienna Convention on Diplomatic Relations. These privileges and immunities shall extend to members of the administrative and technical staff who are nationals of the sending state and not nationals of, or permanently resident in, the receiving state, and members of their families who are not nationals of, or permanently resident in, the receiving state.

For Canada, the legal authority for entering into this agreement is the Foreign Missions and International Organizations Act (which incorporates the relevant articles of the Vienna Convention on Diplomatic Relations). For the United States, the legal authorities for entering into this agreement are the Vienna Convention on Diplomatic Relations and the Diplomatic Relations Act.

It is understood that this agreement is without prejudice to the position of either government with regard to the interpretation of that Convention.

If the foregoing is acceptable to your Government I propose that this Note, which is authentic in English and in French, and your reply to that effect, shall constitute an agreement between the Government of Canada and the Government of the United States of America which shall enter into force on the date on which the parties have notified one another in writing that the requirements under their legislation to grant such diplomatic privileges and immunities have been met.

I avail myself of this opportunity to renew to your Excellency the assurances of my highest consideration. Barry Mawhinney, Legal Advisor for the Secretary of State for External Affairs. Unquote.

I have the honor to inform you that the proposals contained in Your Note are acceptable to the Government of the United States of America and to confirm that Your Note, which is authentic in English and French, and this reply shall constitute an agreement between the Government of the United States of America and the Government of Canada which shall enter into force on the date on which the parties have notified one another in writing that the requirements under their legislation to grant such diplomatic privileges and immunities have been met.

I avail myself of this opportunity to renew to your Excellency the assurances of my highest consideration.

James J. Blanchard

Ambassador of the United States to Canada