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Agreement between Canada and the United States of America amending the Agreement for Cooperation on the Civil Uses of Atomic Energy signed at Washington June 15, 1955 [1957] CATSer 2 (1 March 1957)

E100364 - CTS 1957 No. 8

AGREEMENT BETWEEN CANADA AND THE UNITED STATES OF AMERICA AMENDING THE AGREEMENT FOR COOPERATION ON THE CIVIL USES OF ATOMIC ENERGY SIGNED AT WASHINGTON JUNE 15, 1955

The Government of Canada and the Government of the United States of America (including the United States Atomic Energy Commission);

Desiring to amend in certain respects the Agreement for Cooperation on the Civil Uses of Atomic Energy (hereinafter referred to as the “Agreement for Cooperation”) signed between them in Washington on the fifteenth day of June, 1955:

Have agreed as follows:

ARTICLE 1

The following amendments shall be made to the Agreement for Coopera­tion concerning the exchange of information on reactors of primarily military significance:

(1) In lieu of Article IIA of the Agreement for Cooperation substitute the following:

“A. Limitations.

“(1) Of information which is classified, only that relevant to current or projected programs will be exchanged.

“(2) The Parties to this Agreement will not exchange Restricted Data relating to design or fabrication of atomic weapons or exchange Restricted Data which, in the opinion of either Party, is primarily of military significance under this Article II.

“(3) The development of submarine, ship, aircraft, and certain package power reactors is presently concerned primarily with their military use, and there may be future types of reactors the develop­ment of which is concerned primarily with their military use. Accordingly, Restricted Data pertaining primarily to any of these types of reactors will not be exchanged under this Article II.

“(4) Within the subject matter of this Agreement, the parties may come into possession of privately developed and privately owned information and information received from other Governments which the Parties are not permitted to exchange.

“(5) It is mutually understood and agreed that except as limita­tions are stated to apply specifically to one Party or the other, any limitations to cooperation imposed pursuant to this Agreement shall be reciprocal.”

(2) Article IIB. is amended as follows:

1. In lieu of subparagraph (1), substitute the following:

"(1) Information on the development, design, construction, operation and use of research, production, experimental power, demonstration power, and power reactors, except as provided in paragraph A and sub-paragraph (2) of this paragraph.”

(3) Subparagraph (2) of Article II B is hereby deleted.

(4) Amend subparagraph (3) of Article II B by deleting the number (3) substituting therefore the number (2).

(5) The following new Article shall be inserted after Article II:

“ARTICLE II BIS

“Exchange of Information on Reactors of Primarily Military Significance

“A. At such time as any one of the types of reactors referred to in Article IIA (3) warrants application to civil uses, Restricted Data on that type shall be exchanged as may be agreed, subject to the other provisions of Article IIA.

“B. In the meantime, and subject to the provisions of Article IIA, classi­fied and unclassified information on the development, design, construction, operation and use of military package power reactors and reactors for the propulsion of naval vessels, aircraft, or land vehicles, for military purposes, shall be exchanged to the extent and by such means as may be agreed. Each Party will use its best efforts to insure that any classified information received from the other Party pursuant to this paragraph will be used only in connec­tion with reactors intended for military use, until such time as it has been agreed under Article II is A to exchange Restricted Data on the type of reac­tor to which such classified information pertains or such information has been removed from the category of classified information by the Party from which it has been received.”

ARTICLE 2

Article XIII is amended by deleting there from all references to Article IIB (2).

ARTICLE 3

The following new Article shall be inserted after Article XIII of the Agreement for Cooperation:

“ARTICLE XIII BIS

“Responsibility for Use of Information, Material, Equipment and Devices

“The application or use of any information (including design drawings and specifications), material, equipment or device, exchanged or transferred between the Parties under this Agreement shall be the responsibility of the Party receiving it, and the other Party does not warrant the accuracy or com­pleteness of such information and does not warrant the suitability of such information, material, equipment, or device for any particular use or application.”

ARTICLE 4

This amendment, which shall be regarded as an integral part of the Agree­ment for Cooperation, shall enter into force on the date on which each Gov­ernment shall receive from the other Government written notification that it has complied with all statutory and constitutional requirements for the entry into force of such Amendment.

IN WITNESS WHEREOF, the undersigned, duly authorized, have signed this Amendment.

DONE at Washington this twenty-sixth day of June, 1956, in two original texts.

G. P. de T. Glazebrook

FOR THE GOVERNMENT OF CANADA

C. Burke Elbrick
Lewis L. Strauss

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA

SUPPLEMENTARY EXCHANGE OF NOTES

I

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

DEPARTMENT OF STATE

WASHINGTON, March 1, 1957

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

Excellency:

I have the honor to refer to the Amendment to the Agreement for Co­operation Concerning the Civil Uses of Atomic Energy between the Govern­ment of Canada which was signed at Washington on June 26, 1956 and to state that all statutory and constitutional requirements of the United States of America for the entry into force of that Amendment have been complied with and that the Amendment will enter into force, in accordance with Article IV thereof, on the date of your reply indicating that the Government of Canada has complied with all of its statutory and constitutional requirements.

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

For the Secretary of State:

John Wesley Jones

II

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

CANADIAN EMBASSY

WASHINGTON, D.C., March 1, 1957

No. 112

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 March 1st, 1957 referring to the Amendment to the Agreement for Co-operation Concerning the Civil Uses of Atomic Energy between the Government of the United States of America and the Government of Canada signed at Washington on June 26, 1956. I note that all statutory and constitutional requirements of the United States of America for the entry into force of that amendment have been com­plied with.

I have the honour to state that the Government of Canada has also com­piled with all statutory and constitutional requirements for the entry into force of that Amendment. Accordingly, the Amendment shall enter into force on the date of receipt of this note in accordance with Article IV thereof.

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

A. D. P. Heeney