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Exchange of Notes between the Government of Canada and the Government of Australia constituting an Agreement providing for Re-transfers of Canadian Nuclear Material or Material [1995] CATSer 12 (10 April 1995)

E101786 - CTS 1995 No. 42

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF AUSTRALIA CONSTITUTING AN AGREEMENT PROVIDING FOR RE-TRANSFERS OF CANADIAN NUCLEAR MATERIAL OR MATERIAL

I

The High Commissioner for Australia to the Secretary of State for External Affairs of Canada

AUSTRALIAN HIGH COMMISSION

OTTAWA, April 10, 1995

Honourable André Ouellet
Secretary of State for External Affairs
Ottawa

Sir,

I have the honour to refer to the “Agreement between the Government of Australia and the Government of Canada concerning the Peaceful Uses of Nuclear Energy” done at Ottawa on 9 March 1981 (hereinafter referred to as “the Agreement”) and in particular to paragraph 1 of Article VIII of the Agreement and to consultations which have taken place between our two Governments on the application of that Article. In accordance with the understandings that were reached during the course of these consultations I have the further honour to propose that:

1. Subject to paragraph 3 below, nuclear material subject to the Agreement may be transferred beyond the jurisdiction of Canada for conversion, enrichment to less than 20 per cent in the isotope U-235, fuel fabrication, use, storage or final disposal to third countries which have an agreement in force with Australia concerning nuclear transfers in relation to which agreement the Government of Australia has not advised the Government of Canada that it has found it necessary to suspend, cancel or refrain from making nuclear transfers.

2. The Government of Australia shall provide the Government of Canada with, and keep updated, the list of countries to which transfers may be made.

3. Notwithstanding the foregoing provisions, transfers beyond the jurisdiction of Canada of the following nuclear material which is subject to the Agreement, namely U-233, uranium enriched to 20 per cent or more in the isotope U-235, plutonium and irradiated nuclear material, shall continue to require the prior written consent of the Government of Australia.

4. The Government of Canada shall notify the Government of Australia of any transfers pursuant to paragraph 1 above in accordance with the procedures set out in the administrative arrangement established pursuant to the Agreement between the appropriate governmental authorities of each Party.

If the foregoing is acceptable to the Government of Canada, I have the honour to propose that this Note and your confirmatory reply shall together constitute an agreement between the Government of Australia and the Government of Canada which shall enter into force on the date of your reply and shall remain in force for as long as the Agreement remains in force unless otherwise agreed by the two Governments.

Accept, Sir, the assurances of my highest consideration.

Francis Conynghame Murray

High Commissioner for Australia

II

The Secretary of State for External Affairs of Canada to the High Commissioner for Australia

April 10, 1995

His Excellency Francis Conynghame Murray
High Commissioner for Australia
Ottawa

Your Excellency,

I have the honour to acknowledge receipt of your letter of April 10, 1995 which reads as follows:

“Sir,

I have the honour to refer to the “Agreement between the Government of Australia and the Government of Canada concerning the Peaceful Uses of Nuclear Energy” done at Ottawa on 9 March 1981 (hereinafter referred to as “the Agreement”) and in particular to paragraph 1 of Article VIII of the Agreement and to consultations which have taken place between our two Governments on the application of that Article. In accordance with the understandings that were reached during the course of these consultations I have the further honour to propose that:

1. Subject to paragraph 3 below, nuclear material subject to the Agreement may be transferred beyond the jurisdiction of Canada for conversion, enrichment to less than 20 per cent in the isotope U-235, fuel fabrication, use, storage or final disposal to third countries which have an agreement in force with Australia concerning nuclear transfers in relation to which agreement the Government of Australia has not advised the Government of Canada that it has found it necessary to suspend, cancel or refrain from making nuclear transfers.

2. The Government of Australia shall provide the Government of Canada with, and keep updated, the list of countries to which transfers may be made.

3. Notwithstanding the foregoing provisions, transfers beyond the jurisdiction of Canada of the following nuclear material which is subject to the Agreement, namely U-233, uranium enriched to 20 per cent or more in the isotope U-235, plutonium and irradiated nuclear material, shall continue to require the prior written consent of the Government of Australia.

4. The Government of Canada shall notify the Government of Australia of any transfers pursuant to paragraph 1 above in accordance with the procedures set out in the administrative arrangement established pursuant to the Agreement between the appropriate governmental authorities of each Party.

If the foregoing is acceptable to the Government of Canada, I have the honour to propose that this Note and your confirmatory reply shall together constitute an agreement between the Government of Australia and the Government of Canada which shall enter into force on the date of your reply and shall remain in force for as long as the Agreement remains in force unless otherwise agreed by the two Governments.

Accept, Sir, the assurances of my highest consideration.”

I have further the honour to confirm that the foregoing is acceptable to the Government of Canada which therefore agrees that your Note and the present reply, which is equally authentic in English and French, shall constitute an agreement between the Government of Canada and the Government of Australia which shall enter into force on the date of the present reply and shall remain in force for as long as the Agreement remains in force unless otherwise agreed by the two Governments.

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

André Ouellet