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Exchange of Notes between the Government of Canada and the Government of the State of Kuwait constituting an Agreement concerning the status of Canadian Forces in Kuwait [2004] CATSer 6 (24 May 2004)

E104997

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE STATE OF KUWAIT CONSTITUTING AN AGREEMENT CONCERNING THE STATUS OF CANADIAN FORCES IN KUWAIT

I

The Ambassador of Canada to the Deputy Prime Minister and Minister of Defence of Kuwait

CANADIAN EMBASSY

KUWAIT, May 5, 2004

H. E. Sheikh Jaber Al-Mubarak Al-Hamad Al-Sabah
Deputy Prime Minister and Minister of Defence
State of Kuwait

Excellency,

I have the honour to refer to discussions which have taken place between representatives of our two Governments regarding the presence of elements of the Canadian Armed forces in the State of Kuwait as a result of the deployment by the Government of Canada in the State of Kuwait in accordance with the relevant United Nations Security Council Resolutions.

Pursuant to the consent of the Government of the State of Kuwait to the stationing of those forces in the territory of the State of Kuwait, and having regard to the close and longstanding ties between our two Governments, I have the honour to propose on behalf of the Government of Canada that an Agreement concerning the status of the Canadian Forces in Kuwait for this purpose be concluded on the following terms:

1- Canadian Forces means any troops, contingent or detachment of the Armed Forces of Canada which with the consent of the Government of the State of Kuwait are lawfully present in Kuwait and includes any civilian employee of the Canadian Government sent to Kuwait in connection with this Agreement, but does not include any national of, or person normally resident in, the State of Kuwait.

2- The Canadian Forces shall respect the laws, regulations, customs and traditions of Kuwait, and shall have a duty not to interfere in the internal affairs of Kuwait.

3- The Canadian Armed Forces personnel shall be granted by the State of Kuwait on its territory the privileges and immunities of the administrative and technical staff in accordance with the Vienna Convention on Diplomatic Relations of 18 April 1961.

4- Contractors, personnel of companies and Kuwaitis working for the Canadian Forces are subject to Kuwait judicial authority regarding civil and penal matters.

5- (a) Each Government waives any claim it has or may have against the other Government or any personnel from the forces of the other Government for injury, including injury resulting in death, suffered by its personnel or for damage to or loss of property owned by it if such injury, death, damage or loss was caused by acts or omissions of personnel of the other Government in the performance of official duties in connection with this Agreement.

(b) The Canadian Forces shall return the facilities and equipment provided to them by the Government of Kuwait, and which were under their disposal, in the same condition in which they were delivered and shall pay compensation for any damage or loss resulting from their misuse.

(c) The Government of Kuwait shall deal with and settle, in accordance with its laws, third party claims arising within its territory in connection with any act or omission by the Government of Canada or any member of the Canadian Forces in the performance of official duties in connection with this Agreement which results in injury, death, loss or damage and the Government of Canada shall pay just and reasonable compensation to the Government of Kuwait in respect of any such claims.

(d) The Government of Canada shall endeavour to assist third party claims resulting from any act or omission of any member of the Canadian Forces causing injury, other than in performance of official duties in connection with this Agreement, and in obtaining satisfaction of any judgement obtained in respect of any such claims.

6- The Canadian Forces may enter and exit Kuwait with military or Canadian Government identification cards. Kuwaiti military identifications cards will be issued by the Kuwaiti authorities. The members of the Canadian Forces shall produce such cards to the appropriate authorities of the Government of Kuwait when required.

7- Vehicles, vessels and aircrafts used by the Canadian Forces shall not be subject to licensing or registration under the laws of Kuwait. The Canadian Forces may use airfield facilities without payment of dues, tolls or other charges. Canadian Forces may operate vehicles with a valid Canadian driving licence and Kuwaiti identification cards.

8- The Canadian Force may import into Kuwait without licence or other restriction and free of customs, duties and taxes, equipment and other supplies required by them for the purpose of their operations together with the personal effects of and items for the personal consumption or use of the Canadian Forces. Any property of any kind imported duty free under this paragraph which is sold in Kuwait to persons other than those entitled to duty free import privileges shall be subject to customs and other duties on its value at the time of sale.

9- Militaries of the Canadian Forces may possess and carry arms when authorised to do so by their orders in the performance of their official duties.

10- The Government of Kuwait may at any time request the withdrawal of the Canadian Forces from Kuwait. The Government of Canada reserves the right to withdraw the Canadian Forces at any time by giving the Government of Kuwait at least two months notice before their withdrawal.

11- Any dispute between the Parties arising out of the interpretation or implementation of this Agreement shall be settled exclusively by the Parties through consultation and negotiations.

12- This Agreement shall become effective for the period of twelve months and is automatically renewed for similar periods unless either Party notifies the other Party of its intention of terminating this Agreement before its expiration by a period of six months but not to affect paragraph 5 which shall be implemented on any matter which may occur from executing this Agreement.

13- This Agreement shall be concluded in the Arabic, English and French languages, all texts being equally authentic.

I have the honour to propose that, if the above terms are acceptable to the Government of Kuwait, this Note and your reply shall constitute an Agreement between our two Governments which shall take effect from the date of receipt of your reply.

Richard Mann

Ambassador

II

The Deputy Prime Minister and Minister of Defence of Kuwait to the Ambassador of Canada

KUWAIT CITY, May 11, 2004

H. E. Richard Mann
Ambassador of Canada in the State of Kuwait

I have the honour to acknowledge receipt of your letter dated 5/5/2004 which reads as follows:

"I have the honour to refer to discussions which have taken place between representatives of our two Governments regarding the presence of elements of the Canadian Armed forces in the State of Kuwait as a result of the deployment by the Government of Canada in the State of Kuwait in accordance with the relevant United Nations Security Council Resolutions.

Pursuant to the consent of the Government of the State of Kuwait to the stationing of those forces in the territory of the State of Kuwait, and having regard to the close and longstanding ties between our two Governments, I have the honour to propose on behalf of the Government of Canada that an Agreement concerning the status of the Canadian Forces in Kuwait for this purpose be concluded on the following terms:

1- Canadian Forces means any troops, contingent or detachment of the Armed Forces of Canada which with the consent of the Government of the State of Kuwait are lawfully present in Kuwait and includes any civilian employee of the Canadian Government sent to Kuwait in connection with this Agreement, but does not include any national of, or person normally resident in, the State of Kuwait.

2- The Canadian Forces shall respect the laws, regulations, customs and traditions of Kuwait, and shall have a duty not to interfere in the internal affairs of Kuwait.

3- The Canadian Armed Forces personnel shall be granted by the State of Kuwait on its territory the privileges and immunities of the administrative and technical staff in accordance with the Vienna Convention on Diplomatic Relations of 18 April 1961.

4- Contractors, personnel of companies and Kuwaitis working for the Canadian Forces are subject to Kuwait judicial authority regarding civil and penal matters.

5- (a) Each Government waives any claim it has or may have against the other Government or any personnel from the forces of the other Government for injury, including injury resulting in death, suffered by its personnel or for damage to or loss of property owned by it if such injury, death, damage or loss was caused by acts or omissions of personnel of the other Government in the performance of official duties in connection with this Agreement.

(b) The Canadian Forces shall return the facilities and equipment provided to them by the Government of Kuwait, and which were under their disposal, in the same condition in which they were delivered and shall pay compensation for any damage or loss resulting from their misuse.

(c) The Government of Kuwait shall deal with and settle, in accordance with its laws, third party claims arising within its territory in connection with any act or omission by the Government of Canada or any member of the Canadian Forces in the performance of official duties in connection with this Agreement which results in injury, death, loss or damage and the Government of Canada shall pay just and reasonable compensation to the Government of Kuwait in respect of any such claims.

(d) The Government of Canada shall endeavour to assist third party claims resulting from any act or omission of any member of the Canadian Forces causing injury, other than in performance of official duties in connection with this Agreement, and in obtaining satisfaction of any judgement obtained in respect of any such claims.

6- The Canadian Forces may enter and exit Kuwait with military or Canadian Government identification cards. Kuwaiti military identifications cards will be issued by the Kuwaiti authorities. The members of the Canadian Forces shall produce such cards to the appropriate authorities of the Government of Kuwait when required.

7- Vehicles, vessels and aircrafts used by the Canadian Forces shall not be subject to licensing or registration under the laws of Kuwait. The Canadian Forces may use airfield facilities without payment of dues, tolls or other charges. Canadian Forces may operate vehicles with a valid Canadian driving licence and Kuwaiti identification cards.

8- The Canadian Force may import into Kuwait without licence or other restriction and free of customs, duties and taxes, equipment and other supplies required by them for the purpose of their operations together with the personal effects of and items for the personal consumption or use of the Canadian Forces. Any property of any kind imported duty free under this paragraph which is sold in Kuwait to persons other than those entitled to duty free import privileges shall be subject to customs and other duties on its value at the time of sale.

9- Militaries of the Canadian Forces may possess and carry arms when authorised to do so by their orders in the performance of their official duties.

10- The Government of Kuwait may at any time request the withdrawal of the Canadian Forces from Kuwait. The Government of Canada reserves the right to withdraw the Canadian Forces at any time by giving the Government of Kuwait at least two months notice before their withdrawal.

11- Any dispute between the Parties arising out of the interpretation or implementation of this Agreement shall be settled exclusively by the Parties through consultation and negotiations.

12- This Agreement shall become effective for the period of twelve months and is automatically renewed for similar periods unless either Party notifies the other Party of its intention of terminating this Agreement before its expiration by a period of six months but not to affect paragraph 5 which shall be implemented on any matter which may occur from executing this Agreement.

13- This Agreement shall be concluded in the Arabic, English and French languages, all texts being equally authentic.

I have the honour to propose that, if the above terms are acceptable to the Government of Kuwait, this Note and your reply shall constitute an Agreement between our two Governments which shall take effect from the date of receipt of your reply."

I have the honour to inform you that my Government agrees to the proposals contained in your Note. Your Note and this Note in reply thereto shall thus constitute an Agreement between our two Governments, to take effect on the date of receipt of this reply.

Accept, Excellency, the assurance of my highest consideration.

Sheikh Jaber Al-Mubarak Al-Hamad Al-Sabah

Deputy Prime Minister and Minister of Defence