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Exchange of Notes between the Government of Canada and the Government of the United States of America constituting an Agreement further amending their 1959 Agreement concerning the Application of Tolls on the St. Lawrence Seaway [1993] CATSer 19 (13 December 1993)

E100471 - CTS 1993 No. 25

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONSTITUTING AN AGREEMENT FURTHER AMENDING THEIR 1959 AGREEMENT CONCERNING THE APPLICATION OF TOLLS ON THE ST. LAWRENCE SEAWAY

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

CANADIAN EMBASSY

WASHINGTON, November 8, 1993

No. 197

The Honourable Warren Christopher
Secretary of State
Washington, D.C. 20520

Mr. Secretary,

I have the honour to refer to the discussions which took place recently between officials of the St. Lawrence Seaway Authority of Canada and the Saint Lawrence Seaway Development Corporation of the United States of America regarding the Memorandum of Agreement between those agencies, dated January 29, 1959, and the Tariff of Tolls set out therein, which were attached to the Exchange of Notes of March 9, 1959, between our two Governments, and amended in 1964, 1967, 1972, 1978, 1980, 1982, 1984, 1985, 1986, 1987, 1988, 1989, 1991 and 1992.

The discussions resulted in the signature of the enclosed Memorandum of Agreement by the Administrator of the Saint Lawrence Seaway Development Corporation at Washington, D.C. on May 12, 1993 and by the President of The St. Lawrence Seaway Authority at Ottawa on April 23, 1993. This Memorandum of Agreement sets forth amendments to the Memorandum of Agreement of January 1959, as amended, which deal with the tariff classification of coal and the revocation of the incentive tolls program for passenger vessels.

I have the further honour to propose that this Note and the enclosed Memorandum of Agreement, which are both authentic in English and French, 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 the St. Lawrence Seaway Tariff of Tolls effected by the exchange of Notes of March 1959, as previously amended.

Accept, Mr. Secretary, the renewed assurances of my highest consideration.

John de Chastelain

Ambassador

Enclosure
Memorandum of Agreement

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.

WHEREAS Clause 4 of the 1959 Agreement respecting the said Tariff, between the Authority and the Corporation, provides that such changes as "will be compatible with the general terms of the Tariff" may be made by the Authority and the Corporation.

NOW THEREFORE, the Authority and the Corporation have agreed to recommend to their respective Governments the following amendments to the St. Lawrence Seaway Tariff of Tolls:

1. THAT paragraph 2(b)(v) of the St. Lawrence Seaway Tariff of Tolls be revoked and the following substituted therefor:

(v) ores and minerals (crude, screened, sized or concentrated, but not otherwise processed) loose or in sacks, including alumina, bauxite, gravel, phosphate rock, sand, stone and sulphur, but excluding coal;

2. THAT subsections 7(6), 7(7), 7(8) and 7(9) of the St. Lawrence Seaway Tariff of Tolls be revoked.

3. THAT subsection 1(2) of the Schedule to the St. Lawrence Seaway Tariff of Tolls be amended by adding "coal" immediately below "feed grains", by adding "0.65" immediately below "0.68" at the bottom of the column entitled "Montrea1 to or from Lake Ontario - Effective 1993" and by adding "0.55" immediately below "0.55" at the bottom of the column entitled "Lake Ontario to or from Lake Erie (Welland Canal) - Effective 1993" so that the last line of the said subsection 1 (2) shall read:

"- coal - ..... - - 0.65 - - 0.55".

4. AND THAT the terms of the Agreement and the St. Lawrence Seaway Tariff of Tolls as previously amended, except as herein modified, shall continue to remain in full force and effect.

THE ST. LAWRENCE SEAWAY AUTHORITY

Glendon R. Stewart, President

EXECUTED at Ottawa this 23^rd day of April 1993.

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

Stanford Parris, Administrator

EXECUTED at Washington, D.C. this 12^th day of May, 1993.

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The Secretary of State to the Ambassador of Canada

DEPARTMENT OF STATE

WASHINGTON, December 13, 1993

His Excellency John de Chastelain,
Ambassador of Canada

Excellency:

I have the honor to refer to your Note number 197, dated November 8, 1993, which refers to the Agreement between our two Governments governing tolls on the St. Lawrence Seaway, effected by the exchange of notes March 9, 1959, with the annexed Memorandum of Agreement of January 29, 1959, as amended, and to the Memorandum of Agreement signed April 23 and May 12, 1993, by officials of the Saint Lawrence Seaway Development Corporation of the United States of America and the St. Lawrence Seaway Authority of Canada, which was enclosed with your note, and which sets forth amendments to the Memorandum of Agreement of January 29, 1959.

I have the further honor to inform your Excellency that the proposals to amend the tariff classification for coal and to revoke the Incentive Tolls Program for passenger vessels are acceptable to the Government of the United States of America and that your Excellency's Note, with the enclosed Memorandum of Agreement, together with this Note in reply shall constitute an Agreement between our Governments to further amend the Agreement governing tolls on the St. Lawrence Seaway, and which shall enter into force on the date of this Note.

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

(Signed)

For the Secretary of State