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Exchange of Notes (January 22 and February 27, 2003) between the Government of Canada and the Government of the United Kingdom of Great Britain and Northern Ireland extending the application of the Agreement between the Government of Canada and the Government of the United Kingdom of Great Britain and Northern Ireland regarding the Sharing of Forfeited or Confiscated Assets or their Equivalent Funds, done at London on February 21, 2001, to the United Kingdom's Overseas Territories of Anguilla, the British Virgin Islands, the Cayman Islands, Gibraltar, Montserrat and the Turks and Caicos Islands [2003] CATSer 6 (27 February 2003)

E104951

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND EXTENDING THE APPLICATION OF THE AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND REGARDING THE SHARING OF FORFEITED OR CONFISCATED ASSETS OR THEIR EQUIVALENT FUNDS, DONE AT LONDON ON FEBRUARY 21, 2001, TO THE UNITED KINGDOM'S OVERSEAS TERRITORIES OF ANGUILLA, THE BRITISH VIRGIN ISLANDS, THE CAYMAN ISLANDS, GIBRALTAR, MONTSERRAT AND THE TURKS AND CAICOS ISLANDS

I

The British High Commissioner to Canada to the Minister of Foreign Affairs of Canada

OTTAWA, 22 January 2003

Note No. 6/2003

Your Excellency,

I have the honour to refer to the Agreement between the Government of the United Kingdom and the Government of Canada Regarding the Sharing of Forfeited or Confiscated Assets or their Equivalent Funds ("the Agreement"), signed in London on 21 February 2001, and to inform you that the Governments of Anguilla, the British Virgin Islands, the Cayman Islands, Gibraltar, Montserrat and the Turks and Caicos Islands have confirmed that they wish the provisions of the Agreement to be applicable to their Territory. In accordance with Article 8 of the Agreement, I have the honour to propose that the Agreement be extended to Anguilla, the British Virgin Islands, the Cayman Islands, Gibraltar, Montserrat and the Turks and Caicos Islands, subject to the following modifications:

(1) In Articles 1(a)(ii), 5(2)(b) and 7(b), the references to the United Kingdom of Great Britain and Northern Ireland shall be replaced by "Anguilla" in the case of Anguilla, "the British Virgin Islands" in the case of the British Virgin Islands, "the Cayman Islands" in the case of the Cayman Islands, "Gibraltar" in the case of Gibraltar, "Montserrat" in the case of Montserrat and "the Turks and Caicos Islands" in the case of the Turks and Caicos Islands.

(2) The recipient for the purposes of Article 5(2)(b) shall be:

For Anguilla: The Accountant General

For the British Virgin Islands: The Accountant General

For the Cayman Islands: The Attorney General

For Gibraltar: The Attorney General

For Montserrat: The Government of Montserrat

For the Turks and Caicos Islands: The Attorney General

(3) The central authority for the purposes of communications referred to in Article 7(b) shall be:

For Anguilla: The Accountant General

For the British Virgin Islands: The Accountant General

For the Cayman Islands: The Attorney General

For Gibraltar: The Attorney General

For Montserrat: The Attorney General

For the Turks and Caicos Islands: The Attorney General

The extension of the Agreement to Anguilla, the British Virgin Islands, the Cayman Islands, Gibraltar, Montserrat and the Turks and Caicos Islands shall not imply that the Treaty on Mutual Assistance in Criminal Matters referred to in the first preambular paragraph of the Agreement is in force in any of those Territories to which it has not been specifically extended in accordance with the provisions of the said Treaty, nor shall it operate so as to inhibit alternative bilateral arrangements for such mutual assistance.

If this proposal is acceptable to the Government of Canada, I have the honour to propose that this Note and your reply to that effect shall constitute an Agreement between our two Governments which shall enter into force on the date of Your Excellency's reply.

I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.

Andrew Burns

II

The Minister of Foreign Affairs of Canada to the British High Commissioner to Canada

DEPARTMENT OF FOREIGN AFFAIRS AND INTERNATIONAL TRADE
CANADA

Note No. JLA-0196

His Excellency Andrew Burns
High Commissioner
British High Commission
Ottawa

Excellency,

I have the honour to acknowledge, with thanks, the receipt of your Note No.6/2003 dated January 22, 2003, which reads as follows:

"Your Excellency,

I have the honour to refer to the Agreement between the Government of the United Kingdom and the Government of Canada Regarding the Sharing of Forfeited or Confiscated Assets or their Equivalent Funds ("the Agreement"), signed in London on 21 February 2001, and to inform you that the Governments of Anguilla, the British Virgin Islands, the Cayman Islands, Gibraltar, Montserrat and the Turks and Caicos Islands have confirmed that they wish the provisions of the Agreement to be applicable to their Territory. In accordance with Article 8 of the Agreement, I have the honour to propose that the Agreement be extended to Anguilla, the British Virgin Islands, the Cayman Islands, Gibraltar, Montserrat and the Turks and Caicos Islands, subject to the following modifications:

(1) In Articles 1(a)(ii), 5(2)(b) and 7(b), the references to the United Kingdom of Great Britain and Northern Ireland shall be replaced by "Anguilla" in the case of Anguilla, "the British Virgin Islands" in the case of the British Virgin Islands, "the Cayman Islands" in the case of the Cayman Islands, "Gibraltar" in the case of Gibraltar, "Montserrat" in the case of Montserrat and "the Turks and Caicos Islands" in the case of the Turks and Caicos Islands.

(2) The recipient for the purposes of Article 5(2)(b) shall be:

For Anguilla: The Accountant General

For the British Virgin Islands: The Accountant General

For the Cayman Islands: The Attorney General

For Gibraltar: The Attorney General

For Montserrat: The Government of Montserrat

For the Turks and Caicos Islands: The Attorney General

(3) The central authority for the purposes of communications referred to in Article 7(b) shall be:

For Anguilla: The Accountant General

For the British Virgin Islands: The Accountant General

For the Cayman Islands: The Attorney General

For Gibraltar: The Attorney General

For Montserrat: The Attorney General

For the Turks and Caicos Islands: The Attorney General

The extension of the Agreement to Anguilla, the British Virgin Islands, the Cayman Islands, Gibraltar, Montserrat and the Turks and Caicos Islands shall not imply that the Treaty on Mutual Assistance in Criminal Matters referred to in the first preambular paragraph of the Agreement is in force in any of those Territories to which it has not been specifically extended in accordance with the provisions of the said Treaty, nor shall it operate so as to inhibit alternative bilateral arrangements for such mutual assistance.

If this proposal is acceptable to the Government of Canada, I have the honour to propose that this Note and your reply to that effect shall constitute an Agreement between our two Governments which shall enter into force on the date of Your Excellency's reply.

I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration."

I have the honour to inform your Excellency that the foregoing proposal is acceptable to the Government of Canada and agree that your Note and this reply shall constitute an agreement between our two Governments which shall enter into force on this day's date.

Accept, Excellency, the assurances of my highest consideration

William Graham

Minister of Foreign Affairs