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Agreement between the Government of Canada and the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization on the Conduct of Activities relating to International Monitoring Facilities for the Comprehensive Nuclear-Test-Ban Treaty [1998] CATSer 18 (19 October 1998)

E103093 - CTS 1998 No. 22

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE PREPARATORY COMMISSION FOR THE COMPREHENSIVE NUCLEAR-TEST-BAN TREATY ORGANIZATION ON THE CONDUCT OF ACTIVITIES RELATING TO INTERNATIONAL MONITORING FACILITIES FOR THE COMPREHENSIVE NUCLEAR-TEST-BAN TREATY

PREAMBLE

In accordance with paragraphs 7 and 12(b) of the Text on the Establishment of a Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization, as annexed to the resolution establishing the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization, adopted by the meeting of States Signatories of the Comprehensive Nuclear-Test-Ban Treaty ("CTBT") on 19 November 1996 at New York, the Government of Canada and the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization, hereinafter the PrepCom, hereinafter together "the Parties", with the goal of facilitating the activities of the Provisional Technical Secretariat of the PrepCom, hereinafter the PTS in: a) conducting an inventory of existing monitoring facilities; b) conducting a site survey; c) upgrading or establishing monitoring facilities; and /or d) certifying facilities to International Monitoring System standards, and in pursuit of the goal of an effective Treaty, have agreed, pursuant to the provisions of the CTBT, in particular Articles I to IV and Part I of the Protocol, as follows:

ARTICLE 1

The Government of Canada and the PrepCom through the PTS shall cooperate to facilitate the implementation of the provisions of this Agreement. The parties will undertake further negotiations to conclude an Appendix or Appendices to specify the activities to be carried out by or on behalf of the Preparatory Commission in Canada, which will form the subject of an amendment to this Agreement.

ARTICLE 2

The activities to be carried out on behalf of the PrepCom through the PTS pursuant to the provisions of this Agreement shall be performed either:

(a) according to the terms and conditions of a contract or contracts awarded by the PrepCom through the PTS in accordance with the provisions of the Financial Regulations and rules of the Preparatory Commission, in which case a copy of such contract or contracts shall be provided to the Executive Agents; or

(b) under an application for reduction in assessment in accordance with the provisions on reduced assessments contained in the Financial Regulations and rules of the Preparatory Commission.

ARTICLE 3

Where activities pursuant to the provisions of this Agreement are to be carried out by the PTS, the activities shall be conducted by designated personnel who shall comprise the PTS Team. For each activity carried out by the PTS, the PTS shall designate a Team Leader and the Government of Canada shall designate an Executive Agent who shall be the points of contact between the PTS and the Government of Canada. The PTS shall inform the Government of Canada of the names and titles of the Team leader and other team members as soon as possible following their designation. The Government of Canada shall inform the Executive Secretary of the Preparatory Commission of the name and title of the Executive Agent as soon as possible following his or her designation.

ARTICLE 4

No less than 14 days in advance of the proposed arrival of the PTS Team at the point of entry, the PTS Team Leader and the Executive Agent shall consult for the purpose of facilitating the conduct of the activities that will be undertaken, including consultations regarding the equipment to be brought into Canada by the PTS Team for carrying out the activities undertaken in accordance with the provisions of this Agreement. In the course of these consultations, the Government of Canada shall inform the PTS of the points of entry and exit through which the PTS Team and equipment will enter and exit the territory of Canada. The Government of Canada shall inform the PTS of information required for Canada to issue documents to enable the PTS Team to enter and remain on the territory of Canada for the purpose of carrying out activities set forth in the Appendix or Appendices to this Agreement. The PTS shall provide that information to the Government of Canada as soon as possible after the conclusion of those consultations. Canada shall allow the designated PTS team members, in order to carry out the agreed to activities, to enter onto its territory, to remain there for the period of time necessary to carry out such activities and to have access to the facilities, in accordance with Canada's constitutional requirements and in accordance with Canadian laws and regulations. The Government of Canada shall grant or renew as quickly as possible appropriate visas where required for members of the PTS Team.

ARTICLE 5

The activities of the PTS Team pursuant to the provisions of this Agreement shall be arranged in cooperation with Canada so as to ensure, to the greatest degree possible, the timely and effective discharge of its functions, and the least possible inconvenience to Canada and disturbance to the facility or area at which the PTS Team shall carry out its activities.

ARTICLE 6

Canada shall accord members of the PTS Team present on its territory such protection and amenities as may be necessary to ensure the safety and well-being of each member of the PTS Team. Subject to the provisions of this Agreement, the provisions of the Convention on the Privileges and Immunities of the United Nations shall apply, mutatis mutandis, to the activities of the PrepCom through the PTS, its officials and experts in implementing the provisions of this Agreement. In addition:

(a) PTS officials shall be immune from arrest and detention and from seizure of their personal baggage.

(b) Immunity and inviolability of the PrepCom's property and assets, and officials or experts' personal baggage, shall be subject to the quarantine regulations of Canada, and the laws of Canada prohibiting the import or export of certain articles, and in any event shall cease to apply to any property abandoned by the PrepCom for a period exceeding twelve months.

(c) Immunity from personal arrest or detention, exchange facilities and repatriation facilities shall not apply to a PrepCom official or expert who forms part of the PTS team and who is a citizen or permanently resident in Canada.

(d) Immunity from legal process shall not apply in the case of civil or administrative proceeding arising out of death, damage or personal injury caused by a motor vehicle belonging to the PrepCom or a PrepCom official or expert who forms part of the PTS team or driven by a PTS official or expert.

(e) Canadian authorities may only enter any premises of the PrepCom with the consent of the Executive Secretary of the Preparatory Commission or of the PTS Team Leader. The consent of the Executive Secretary shall be deemed to have been given in the case of fire or other emergency requiring immediate protective action.

ARTICLE 7

The Government of Canada shall make all reasonable efforts to ensure that local entities cooperate with the activities undertaken by the PTS Team.

ARTICLE 8

The Government of Canada and the PrepCom through the PTS shall agree on a list of equipment to be brought into Canada by the PTS Team. The Government of Canada shall have the right to conduct an inspection in the presence of the PTS Team Leader to ascertain that the equipment conforms to the agreed list. The PTS Team Leader may decide that his or her presence is not necessary at the inspection. Items of equipment that require special handling or storage for safety purposes shall be so designated by the PTS Team Leader and communicated to the Executive Agent prior to the arrival of the PTS Team at the point of entry. The Government of Canada shall ensure that the PTS Team can store its equipment in a securable work space. In order to prevent undue delays in transporting equipment, the Government of Canada shall assist the PTS Team in meeting the internal rules and regulations of Canada for importing such equipment into Canada, and, where appropriate, exporting such equipment out of Canada through the PTS. The equipment and other property of the PrepCom brought into Canada through the PTS in order to implement the provisions of this Agreement shall be exempt from customs duties. The Executive Agent shall facilitate the customs clearance of any such equipment or property. The transfer of title to any equipment by the PrepCom to Canada through the PTS for permanent installation in monitoring facilities in accordance with the provision of this Agreement shall be subject to generally applicable rules of law including those rules of law particular to the Federal Government of Canada.

ARTICLE 9

The PrepCom, its assets, income and other property shall be exempt from all direct taxes in Canada. The Government of Canada shall make appropriate administrative arrangements for the remission or return of any duty or tax which forms part of the price paid by the PrepCom through the PTS in making purchases and in contracting for services pursuant to the provisions of this Agreement.

ARTICLE 10

Any data and any official reports prepared by either Party with respect to the activities undertaken in accordance with the provisions of this Agreement shall be made available to the other Party.

ARTICLE 11

Following completion of each of the activities set forth in the Appendix or Appendices, the PrepCom through the PTS shall provide Canada with such appropriate technical assistance as the PrepCom deems required for the proper functioning of any facility as part of the International Monitoring System. The PrepCom through the PTS shall also provide technical assistance in, and support for, the operation of any monitoring facility and respective communications means, where such assistance is requested by Canada and within approved budgetary resources.

The PrepCom through the PTS shall consult with the Government of Canada on procedures for the PTS to access a facility for checking equipment and communications links, and to make necessary changes in the equipment and other operational procedures, unless the Government of Canada takes responsibility for making the necessary changes. The PTS shall have access to the facility in accordance with such procedures.

ARTICLE 13

The Government of Canada shall transmit data recorded or acquired by any facility to the IDC using the formats and protocols to be specified in the operational manual of the facility. Such transmission of data shall be by the most direct and cost efficient means available via the National Data Centre or via appropriate communications nodes. All communications of data to the PrepCom through the PTS shall be free of fees and any other charges of the Government or any competent authority in Canada, except for charges directly related to the cost of providing a service, which shall not exceed the lowest rates accorded governmental agencies in Canada.

ARTICLE 14

In the case of any disagreement or dispute arising between the Parties relating to the implementation of this Agreement, the Government of Canada and the PrepCom through the PTS shall consult with a view to the expeditious settlement of the disagreement or dispute. In case of failure to resolve the disagreement or dispute, either the Government of Canada or the Executive Secretary of the PrepCom may raise the issue at a plenary session of the Preparatory Commission for its advice and assistance.

ARTICLE 15

The costs for the activities to implement this Agreement shall be arranged in accordance with the relevant budgetary decisions and the Financial Regulations and Rules of the Preparatory Commission.

ARTICLE 16

Changes or amendments to this Agreement shall require the same authority as the Agreement itself. The Parties may enter into supplemental Agreements and Appendices as they mutually determine to be necessary.

ARTICLE 17

The Appendix or Appendices to be negotiated pursuant to Article 1 shall form an integral part of this Agreement and any reference to this Agreement shall include such Appendix or Appendices.

This Agreement shall enter into effect, other than with respect to paragraphs 6, 8 and 9, concerning the provision by Canada of appropriate Privileges and Immunities, upon signature by the Parties. The Government of Canada shall inform the PrepCom by a subsequent letter as soon as it is in a position to provide such Privileges and Immunities and the remaining parts of this agreement shall enter into force on the date on which that letter is received by the PrepCom and shall remain in force until completion of the implementation of this Agreement, or until entry into force of the Comprehensive Nuclear-Test-Ban Treaty, whichever occurs sooner. Notwithstanding the entry into force of these articles, a person or organization contracted to perform activities on behalf of the PrepCom through the PTS under article 2 (a) of this agreement shall not enjoy any privileges and immunities under this agreement. This Agreement shall continue to apply, mutatis mutandis, to the operation of any IMS facility on the territory of Canada until the conclusion of a separate Agreement between the PrepCom and the Government of Canada on the operation of such an IMS facility.

IN WITNESS WHEREOF, the undersigned, duly authorized thereto by their respective Governments, have signed this Agreement.

DONE in duplicate at Ottawa, on this 19th day of October 1998, in the English and French languages, each version being equally authentic.

Lloyd Axworthy

FOR THE GOVERNMENT OF CANADA

Wolfgang Hoffmann

FOR THE PREPARATORY COMMISION FOR THE
COMPREHENSIVE NUCLEAR-TEST-BAN TREATY ORGANIZATION