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Agreement between the Government of Canada and the Government of the United States of America relating to the Establishment of Integrated Lines of Communications to Ensure Logistic Support for the Canadian Armed Forces and the Armed Forces of the United States of America [2008] CATSer 6 (5 September 2008)

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AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA RELATING TO THE ESTABLISHMENT OF INTEGRATED LINES OF COMMUNICATIONS TO ENSURE LOGISTIC SUPPORT FOR THE CANADIAN ARMED FORCES AND THE ARMED FORCES OF THE UNITED STATES OF AMERICA

The GOVERNMENT OF CANADA and the GOVERNMENT OF THE UNITED STATES OF AMERICA, hereinafter referred to as the “Parties”,

CONSIDERING the desire of the Parties to ensure logistic support for the Canadian Armed Forces and the Armed Forces of the United States of America if the military situation so requires;

PURSUANT to the Agreement of the Parties to the North Atlantic Treaty regarding the Status of their Forces (NATO SOFA), signed on June 19, 1951;

PURSUANT to the recent discussions between representatives of the Parties;

HAVE AGREED as follows:

ARTICLE I

Integrated Lines of Communications

The Parties shall establish, in accordance with the terms and conditions of this Agreement, Integrated Lines of Communications (the ILOC) to ensure logistic support for the Armed Forces of both Canada and the United States of America, as considered appropriate between the Parties.

ARTICLE II

Definition

“Integrated Lines of Communications” means all routes, whether by land, water, or air, that connect an operating military force to one or more bases of operations and along which equipment, materiel, supplies, personnel, and human remains are to be transported.

ARTICLE III

Operation of the ILOC

1. The Parties shall operate the ILOC in accordance with the provisions of this Agreement.

2. The operation of the ILOC is subject to such matters as volume of supplies and manpower requirements as determined by the military situation.

3. Administrative procedures and priorities governing the operation of the ILOC shall be set forth in a legally non-binding arrangement to be concluded between the Parties or their Executive Implementing Agents.

ARTICLE IV

Executive Implementing Agents

The Executive Implementing Agents shall be:

(a) for the Government of the United States of America, the United States Department of Defense. The United States Department of Defense designates the Commander, United States Transportation Command, to carry out the Executive Implementing Agent responsibilities contemplated by this Agreement;

(b) for the Government of Canada, the Department of National Defence. The Department of National Defence of Canada designates the Commander, Canadian Operational Support Command, to carry out the Executive Implementing Agent responsibilities contemplated by this Agreement.

ARTICLE V

Working Group

The Parties may establish a Joint ILOC Working Group with representation as designated by the Executive Implementing Agents, or their designees. The mandate of this Working Group will be to study, formulate, and review, as necessary, the non-binding arrangement referred to in Article III, paragraph 3, to establish personnel positions in accordance with Article VI, and to perform such other functions as the Parties or their Executive Implementing Agents may agree.

ARTICLE VI

Exchange Personnel

The Joint ILOC Working Group may establish ILOC personnel positions, the details to be set out in the non-binding arrangement referred to in Article III, paragraph 3. All military personnel serving in such positions shall have the status of Exchange Personnel, in accordance with a separate agreement governing personnel exchanges, to be concluded between the Parties.

ARTICLE VII

Requirements

Each Party shall notify the other Party, through the Working Group, of its maximum requirements for support from the ILOC. The Parties shall determine jointly, through the Working Group, the extent to which the requirements for support from the ILOC can be met.

ARTICLE VIII

Obligations

The Parties shall fulfill their obligations under this Agreement, subject to the availability of appropriated funds authorized for these purposes.

ARTICLE IX

Other Agreements

The NATO Status of Forces Agreement shall apply to activities of the Parties under this Agreement.

ARTICLE X

Settlement of Disputes

Any disputes or disagreement regarding the interpretation or application of this Agreement shall be resolved only by consultations between the Parties and shall not be referred to any third party or international tribunal for settlement.

ARTICLE XI

Final Clauses

1. This Agreement shall enter into force on the date of the last note of an exchange of diplomatic notes in which the Parties notify each other of the completion of their internal procedures necessary for the entry into force of this Agreement. Upon entry into force, this Agreement shall supersede the Agreement between the Parties concerning the establishment of an integrated Canada-United States line of communication to Europe, effected by exchange of notes of May 22, 1979, and June 8, 1979, and entered into force June 8, 1979. Any arrangements concluded under that 1979 Agreement shall remain in effect under this Agreement, unless specifically terminated, modified, or superseded.

2. Each Party may temporarily suspend the application of this Agreement by giving three months' notice to the other Party through diplomatic channels of its intention to suspend the Agreement. Such Party may reinstitute the application of this Agreement by notifying the other Party, through diplomatic channels, of its intention to lift its suspension of the Agreement, and the date on which the suspension will be lifted.

3. Each Party may terminate this Agreement by so notifying the other Party through diplomatic channels, giving three months' notice.

4. This Agreement may be amended by the mutual consent of the Parties. These amendments shall be made in accordance with the internal legal procedures of each of the Parties.

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

DONE in duplicate at Washington, this 23^rd day of April 2008, in the English and French languages, each version being equally authentic.

Kevin D. O'Shea

FOR THE GOVERNMENT OF CANADA

Stephen C. Johnson

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA