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Agreement on Friendship and Cooperation between Canada and Ukraine [1999] CATSer 16 (28 April 1999)

E100720

AGREEMENT ON FRIENDSHIP AND COOPERATION BETWEEN CANADA AND UKRAINE

CANADA AND UKRAINE, hereinafter referred to as the "Parties",

GUIDED by the Declaration on Relations Between Canada and Ukraine of September 22, 1991; the Joint Declaration on the Establishment of Diplomatic Relations Between Canada and Ukraine of January 27, 1992; the Memorandum of Understanding on Consultations between the Government of Canada and the Government of Ukraine of September 23, 1992; and the Joint Declaration on Special Partnership between Canada and Ukraine of March 31, 1994,

DESIRING to set the political foundations of their long-term, constructive and dynamic partnership, bilaterally and internationally,

CONFIRMING their respect for and commitment to democratic principles and norms in relations between sovereign states, which should be developed on the basis of partnership, mutual trust, adherence to the common values and ideals of freedom, democracy, justice, solidarity and human dignity,

CONFIRMING their observance of the rule of law, human rights and fundamental freedoms,

NOTING the importance of strengthening international peace and security through conflict prevention, crisis management, disarmament and the prevention of the proliferation of nuclear weapons and other weapons of mass destruction,

CONSCIOUS of their common responsibility, as United Nations member states, for the building, along with other nations, of a new world political and economic order, based on social justice and human rights, respect for national independence, territorial integrity and the environment, and

DESIRING to strengthen the historically strong links between their peoples and to promote bilateral cooperation in all possible fields and areas to their mutual benefit,

HAVE AGREED AS FOLLOWS:

ARTICLE 1

1. The Parties agree to develop their relations as friendly states in accordance with the UN Charter, relevant human rights instruments, and the principles and commitments of the Conference on Security and Cooperation in Europe. Their relations shall be characterized by mutual trust, respect, solidarity, cooperation and a common commitment to democracy and economic freedom.

2. They shall fulfil in good faith their obligations under international law and promote good neighbourliness in their relations and with all other states.

3. The Parties will cooperate within the relevant international organizations to promote human rights, democratic values, social justice and prosperity.

ARTICLE 2

The Parties agree to refrain from the threat or use of force against each other's territorial integrity or political independence, and to settle any mutual disputes by peaceful means, and for this purpose to use the mechanisms of the United Nations, the Conference on Security and Cooperation in Europe, and other international instruments to which they are parties.

ARTICLE 3

1. The Parties agree to maintain a regular dialogue at the highest political level of the two countries on principal issues of their bilateral relations, on developments in their countries, as well as on issues of mutual and international concern.

2. The Parties shall promote cooperation at all levels, including consultations between Foreign Ministers, legislative and executive bodies, public officials and private organizations with the aim of ensuring further expansion and deepening of their bilateral relations and of coordinating their stands on international issues.

3. The Parties shall negotiate constructively on bilateral issues respecting each other's aspirations and interests.

4. Mixed commissions and other standing or ad hoc bodies shall be established as required and by mutual agreement.

ARTICLE 4

1. The Parties confirm their respective arms control obligations. They shall support international efforts directed at reducing force levels and building confidence.

2. The Parties reaffirm their strong commitment to the Treaty on the Non-Proliferation of Nuclear Weapons of 1968, to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction of 1972, and to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction of 1993.

3. The Parties shall continue their bilateral cooperation with the aim of resolving outstanding issues at the Conference on Disarmament.

4. The Parties agree to implement measures, including export controls, to prevent the proliferation of weapons of mass destruction and related technologies.

5. The Parties will cooperate in the conversion of defence industries to technologically and economically competitive civilian production.

ARTICLE 5

The Parties shall expand and enhance cooperation within the United Nations to strengthen the Organization's peacekeeping role, including the prevention of conflicts and crises, to increase the effectiveness of the collective security system provided for in the UN Charter, to build up the United Nations contribution to the solution of contemporary global problems and to shape a new and just world order.

ARTICLE 6

The Parties shall do their utmost to foster mutual understanding and cooperation in Europe. They shall work together in enhancing the effectiveness of the Conference on Security and Cooperation in Europe, particularly as an instrument for the prevention and peaceful resolution of conflicts, the protection of human rights and the rights of minorities and the development of democratic institutions.

ARTICLE 7

1. The Parties shall promote and facilitate favourable conditions for bilateral commercial activity, including trade and joint venture investment. They shall encourage entrepreneurial activities between the two countries in keeping with Ukraine's market reforms and its integration into the global economy.

2. The Parties shall endeavour to create favourable conditions for economic cooperation, fair and equitable business practices, market transparency, and greater exchanges of business information. They shall endeavour to reflect this through their participation in the International Monetary Fund, the International Bank for Reconstruction and Development, the European Bank for Reconstruction and Development, other international financial institutions and the General Agreement on Tariffs and Trade.

3. Unless otherwise agreed, the Parties shall accord priority to trade, investment, and other economic cooperation in areas such as energy, agriculture, telecommunications, mining, transportation, construction, food processing, pharmaceutical, environment, professional services, and other areas of mutual interest.

ARTICLE 8

1. The Parties attach particular importance to strengthening the multilateral trading system. They shall support further steps toward liberalization, transparency, and the implementation of the principles of the General Agreement on Tariffs and Trade, and of the Organization for Economic Cooperation and Development, concerning both trade and investment.

2. The Parties shall support the activities of the International Monetary Fund, the International Bank for Reconstruction and Development, the Organization for Economic Cooperation and Development, the European Bank for Reconstruction and Development and other multilateral fora, particularly as they bear on Ukraine's transition to a market economy.

ARTICLE 9

1. The Parties recognize the global importance of environmental protection. They shall enhance their cooperation in the protection of the environment and preservation at the national and regional level of the world's fragile ecosystems, reflecting the common desire of their peoples.

2. The Parties will work together in seeking to resolve environmental problems, and in applying the principle of sustainable development to the use of natural resources.

ARTICLE 10

1. Building on the Agreement to Establish the International Science and Technology Centre in Ukraine, done at Kiev on October 25, 1993, the Parties shall determine priority areas of cooperation in science and technology.

2. The Parties shall explore, in particular, ways to cooperate in the field of nuclear energy.

ARTICLE 11

The Parties shall cooperate to prevent and combat organized crime, illegal drug trafficking, terrorism, illegal acts against the security of civil aviation and sea navigation, and smuggling, including the illegal trans-border traffic in valuable cultural and historical artifacts.

ARTICLE 12

The Parties shall develop military contacts and exchanges. They will regularly exchange opinions and information on their military doctrines and other issues of military interest, on the basis of separate agreements and arrangements, which will be concluded between them.

ARTICLE 13

1. Recognizing the importance of cultural and sports exchanges for mutual understanding between peoples, the Parties shall develop further their bilateral cooperation in the fields of culture and sports.

2. The Parties shall promote direct cooperation between educational, archival, cultural and creative institutions and sport organizations of the two countries, as well as between associations and societies in these fields.

ARTICLE 14

1. The Parties will make best efforts to create conditions for the expansion of direct contacts between individuals, institutions, and organizations.

2. The Parties will promote the expansion of contacts between political parties, trade unions, foundations, schools and institutions of higher learning, human rights, religious, women's and youth organizations, environmental and other associations.

3. The Parties will develop interparliamentary contacts and exchanges, including those between representatives of different parties and popular movements of the two countries. The Parties will promote the sharing of experience in the formulation and enactment of legislation.

ARTICLE 15

The Parties will encourage cooperation between provinces and territories of Canada and regions of Ukraine, and at the regional and municipal levels.

ARTICLE 16

The Parties shall ensure, on the basis of reciprocity, conditions for the normal functioning of each other's diplomatic, consular and other official missions.

ARTICLE 17

The Parties shall enter into additional agreements and arrangements, if necessary, with a view to implementing the provisions of this Agreement. They shall continue implementation of existing bilateral agreements and review them, if necessary.

ARTICLE 18

1. The provisions of the present Agreement are without prejudice to the commitments of the Parties under previously signed bilateral and multilateral treaties and agreements.

2. This Agreement is not directed against third countries.

ARTICLE 19

1. This Agreement shall be subject to ratification in accordance with the constitutional procedures of each Party and shall enter into force on the day of exchange of letters of ratification.

2. This Agreement shall remain in force for a period of ten years, and shall be automatically prolonged for subsequent five-year periods, if neither Party declares its desire to terminate its operation by notification in writing one year before the expiry of the appropriate period.

IN WITNESS WHEREOF, the undersigned have signed this Agreement.

DONE at Ottawa, this 24^th day of October, 1994, in two copies, in the English, French and Ukrainian languages, each version being equally authentic.

Jean Chrétien

FOR CANADA

Leonid Kuchma

FOR UKRAINE