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Agreement between the Government of Canada and the Government of the United States of America for Cooperation regarding Atomic Information for Mutual Defence Purposes [1955] CATSer 15 (22 July 1955)

E100992 - CTS 1955 No. 16

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA FOR COOPERATION REGARDING ATOMIC INFORMATION FOR MUTUAL DEFENCE PURPOSES

PREAMBLE

THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,

RECOGNIZING that their mutual security and defence requires that they be prepared to meet the contingencies of atomic warfare,

RECOGNIZING that their common interests will be advanced by the exchange of information pertinent thereto,

BELIEVING that the exchange of such information can be undertaken without threat to the security of either country, and

TAKING into consideration the United States Atomic Energy Act of 1954 and the Canadian Atomic Energy Control Act and Atomic Energy Regulations, which were prepared with these purposes in mind,

AGREE as follows:

ARTICLE I

1. While the United States and Canada are participating in international arrangements for their mutual defence and security and making substantial and material contribution thereto, each government will from time to time make available to the other government atomic information which the government making such information available deems necessary to:

(a) the development of defence plans;

(b) the training of personnel in the employment of and defence against atomic weapons; and

(c) the evaluation of the capabilities of potential enemies in the employment of atomic weapons.

2. Atomic information which is transferred by either government pursuant to this Agreement shall be used by the other government exclusively for the preparation and implementation of defence plans in the mutual interests of the two countries.

ARTICLE II

1. All transfers of atomic information to Canada by the United States pursuant to this Agreement will be made in compliance with the provisions of the United States Atomic Energy Act of 1954 and any subsequent applicable United States legislation. All transfers of atomic information to the United States by Canada pursuant to this Agreement will be made in compliance with the Atomic Energy Control Act and the Atomic Energy Regulations of Canada or subsequent applicable Canadian legislation and regulations.

2. Under this Agreement there will be no transfers by the United States or Canada of atomic weapons or special nuclear material, as these terms are defined in Section 11 (d) and Section 11 (t) of the United States Atomic Energy Act of 1954.

ARTICLE III

1. Atomic information made available pursuant to this Agreement shall be accorded full security protection under applicable security arrangements between Canada and the United States and applicable national legislation and regulations of the two countries. In no case shall either government maintain security standards for safeguarding atomic information lower than those set forth in the applicable security arrangements in effect on the date this Agreement comes into force.

2. Atomic information which is exchanged pursuant to this Agreement will be made available through channels existing or hereafter agreed for the exchange of classified defence information between the two governments.

3. Atomic information received pursuant to this Agreement shall not be transferred by the recipient government to any unauthorized person or, except as provided in Article V of this Agreement, beyond the jurisdiction of that government. Each government may stipulate the degree to which any of the categories of information made available to the other government pursuant to this Agreement may be disseminated, may specify the categories of persons who may have access to such information, and may impose such other restrictions on the dissemination of such information as it deems necessary.

ARTICLE IV

As used in this Agreement, “atomic information” means:

(a) So far as concerns the information provided by the United States, Restricted Data, as defined in Section 11(r) of the United States Atomic Energy Act of 1954, which is permitted to be communicated pursuant to the provisions of Section 144 (b) of that Act and information relating primarily to the military utilization of atomic weapons which has been removed from the Restricted Data category in accordance with the provisions of Section 142 (d) of the United States Atomic Energy Act of 1954.

(b) So far as concerns information provided by Canada, Classified Information relating to the military application of atomic energy.

ARTICLE V

Nothing herein shall be interpreted or operate as a bar or restriction to consultation and cooperation by the United States or Canada with other nations or regional organizations in any fields of defence. Neither government, however, shall communicate atomic information made available by the other government pursuant to this Agreement to any nation or regional organization unless the same information has been made available to that nation or regional organization by the other government in accordance with its own legislative requirements and except to the extent that such communication is expressly authorized by such other government.

ARTICLE VI

This Agreement shall enter into force on the date of receipt by the Government of Canada of a notification from the Government of the United States of America that the period of thirty days required by Section 123 (c) of the United States Atomic Energy Act of 1954 has elapsed, and shall remain in effect until terminated by mutual agreement of both governments.

DONE at Washington this fifteenth day of June, 1955, in two original texts.

Arnold D. P. Heeney

FOR CANADA

C. Burke Elbrick

FOR THE UNITED STATES OF AMERICA

I

The Acting Secretary of State of the United States of America to the Ambassador of Canada

DEPARTMENT OF STATE

Washington, July 21, 1955

His Excellency A. D. P. Heeney,
Ambassador of Canada

Excellency:

I have the honor to refer to the “Agreement between the Government of the United States of America and the Government of Canada for Cooperation Regarding Atomic Information for Mutual Defence Purposes” which was signed on June 15, 1955.

Article VI of the Agreement provides that “This Agreement shall enter into force on the date of receipt by the Government of Canada of a notification from the Government of the United States of America that the period of thirty days required by Section 123.c of the United States Atomic Energy Act of 1954 has elapsed...”

In accordance with Article VI, I am pleased to inform you that the period of thirty days required by Section 123.c of the United States Atomic Energy Act of 1954 has now elapsed. Accordingly, this Agreement shall enter into force on the date of the receipt of this note.

Accept, Excellency, the renewed assurances of my highest consideration.

For the Acting Secretary of State,

Robert Murphy

II

The Ambassador of Canada to the Secretary of State of the United States of America

Washington, July 25, 1955.

No. 502

The Honourable John Foster Dulles,
Secretary of State of the United States,
Washington, D.C.

Sir,

I have the honour to acknowledge your Note of July 21, 1955 referring to the “Agreement between the Government of the United States of America and the Government of Canada for Cooperation Regarding Atomic Information for Mutual Defence Purposes”.

I note that the period of thirty days required by Section 123.c of the United States Atomic Energy Act of 1954 has now elapsed and that, in accordance with Article I of the above-mentioned Agreement, this Agreement entered into force on July 22, 1955, the date of receipt of your Note.

Accept, Sir, the renewed assurances of my highest consideration.

Arnold D. P. Heeney