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Exchange of Notes between the Government of Canada and the Government of the Socialist Republic of Romania constituting an Agreement amending their Agreement for Co-operation in the Development and Application of Atomic Energy for Peaceful Purposes done at Ottawa October 24, 1977 [1994] CATSer 18 (12 October 1994)

E101773 - CTS 1994 No. 23

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF ROMANIA CONSTITUTING AN AGREEMENT AMENDING THEIR AGREEMENT FOR CO-OPERATION IN THE DEVELOPMENT AND APPLICATION OF ATOMIC ENERGY FOR PEACEFUL PURPOSES DONE AT OTTAWA OCTOBER 24, 1977

I

The Ambassador of Canada to the General Director, General Division for Europe and North America, Ministry of Foreign Affairs of Romania

CANADIAN EMBASSY

BUCHAREST, October 12, 1994

Note No. 031

His Excellency Mr. Sabin Pop
General Director
General Division for Europe and North America
Ministry of Foreign Affairs

Excellency,

I have the honour to refer to the Agreement between the Government of Canada and the Government of Romania for Co-Operation in the Development and Application of Atomic Energy for Peaceful Purposes signed October 24, 1977 (hereinafter referred to as the "Co-Operation Agreement"). I note that pursuant to Paragraph 1 of Article 1, the Co-Operation Agreement does not permit co-operation relating to facilities, equipment or information for the production of heavy water in the absence of a special Agreement.

Following recent discussions between the Representatives of Canada and Romania, the two Parties have concluded that co-operation relating to facilities, equipment or information for the production of heavy water should be allowed pursuant to the Co-Operation Agreement.

Moreover, the two Parties have noted that information technology has evolved significantly since the signature of the Co-Operation Agreement in 1977. They wish to update the Co-Operation Agreement to reflect this evolution.

Accordingly, I have the honour to propose that the Co-Operation Agreement be amended as follows:

A) Amend Paragraph 1 of Article 1 by replacing; "However, co-operation relating to facilities, equipment or information for the reprocessing or enrichment of nuclear material or the production of heavy water shall not be permitted in the absence of a special agreement" by "However, co-operation relating to facilities, equipment or information for the reprocessing or enrichment of nuclear material shall not be permitted in the absence of a special agreement".

B) Immediately following Item 9 of Annex B of the Co-Operation Agreement, add the following item: "10. Plants for the production of heavy water: A "plant for the production of heavy water" includes the plant and equipment specially designed for the enrichment of deuterium or its compounds, as well as any significant fraction of the items essential to the operation of the plant."

C) Replace existing Item 10 of Annex B of the Co-Operation Agreement by the following: "11. Any major components of Items 1 to 10 above which may exist".

D) Replace Paragraph (h) of Article VIII of the Co-Operation Agreement by the following: "h) "Information" means technical data

(i) including, but not limited to, technical drawings, photographic negatives and prints, recordings, design data, and technical, operating and maintenance manuals that can be used in the design, production, operation, maintenance or testing of equipment, facilities, nuclear material or material,

(ii) but excluding data available to the public, i.e. in published books and periodicals, that the Government of the Supplying State has informed the Government of the Recipient State is to be regarded as information for the purposes of this Agreement".

If the foregoing is acceptable to the Government of Romania, I have the honour to propose that this Note which is equally authentic in English and French, together with your Excellency's reply to that effect shall constitute, between the two Governments, an agreement amending the Co-Operation Agreement. I have the honour to propose further that this Note and your Excellency's reply shall also constitute notifications that our respective constitutional procedures have been satisfied, and that accordingly, pursuant to Paragraph 3 of Article X of the Co-Operation Agreement, this Agreement to amend the Co-Operation Agreement shall enter into force on the date of your reply, and shall remain in force as long as any of the provisions mentioned in Paragraph 4 of Article X of the Co-Operation Agreement are in force.

Accept, Excellency, the assurances of my highest consideration.

W. M. Murray Fairweather

Ambassador

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The Director General, General Division for Europe and North America, Ministry of Foreign Affairs of Romania to the Ambassador of Canada to Romania

BUCHAREST, October 12, 1994

Nr. C3/951

H. E. Mr. Murray Fairweather
Ambassador of Canada
Bucharest

Excellency,

I have the honour to refer to the Agreement for Co-operation in the Development and Application of Atomic Energy for Peaceful Purposes signed October 24, 1977 between the Government of Romania and the Government of Canada and to acknowledge receipt of your letters of May 10, 1993, October 11, 1993 and January 17, 1994 placing on record certain understandings of the Parties with respect to the Agreement, as follows:

(See Letter of Canada No. 031)

I have the honour to inform you that the foregoing is acceptable to the Government of Romania and to confirm that Your Excellency's Note and this reply shall constitute an agreement amending the Co-operation Agreement. I have the honour to confirm further that this reply and Your Excellency's Note shall also constitute notifications that our respective constitutional procedures have been satisfied, and that accordingly, pursuant to Paragraph 3 of Article X, this Agreement to amend the Co-operation Agreement shall enter into force on the date of this reply, and shall remain in force as long as any of the provisions mentioned in paragraph 4 of Article X of the Co-operation Agreement are in force.

Accept, Excellency, the assurances of my highest consideration.

Sabin Pop

General Director