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Exchange of Notes between the Government of Canada and the Government of France concerning the Exchange of Defence Science Information [1962] CATSer 6 (25 May 1962)

E102059 - CTS 1962 No. 7

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF FRANCE CONCERNING THE EXCHANGE OF DEFENCE SCIENCE INFORMATION

(Translation)

I

The Canadian Ambassador to France to the Minister of Foreign Affairs of France

CANADIAN EMBASSY

PARIS, May 25, 1962

No. 2089

His Excellency M. Couve de Murville,
Minister of Foreign Affairs,
Paris

Excellency:

I have the honour to propose, on behalf of the Government of Canada, that a programme of exchange of information in defence science be established between France and Canada in order to promote research concerning the defence of our two countries.

The fields of defence science and the specific projects to which this arrangement is applicable shall be those mutually agreed upon by the Chairman of the Defence Research Board on behalf of Canada and the Inspecteur des Fabrications et Programmes d'Armement on behalf of France, who will establish the detailed arrangements for the exchange of defence science information to such extent as is permissible under the laws of their respective countries.

The undertakings pursuant to this arrangement shall be known as: "Canada-France Defence Science Information Exchange Programme". The activity of scientific interchange within a particular and designated field of defence science shall be known as: "Canada-France Defence Science Information Exchange Project".

Subject to the proviso in Paragraph 5, there will be a full exchange of scientific and technical information on the designated subjects to which both countries consider this arrangement applicable. Either country will arrange on request for mutually agreed representatives of the other country to have access to establishments, or other places where the scientific activity or agreed projects are being carried out, for the purpose of obtaining a complete disclosure of information on those projects.

The Government of Canada and the Government of France recognize that restrictions may be placed on the exchange of certain information where a third organization or country not a party to this Agreement may be the originator. Exchange of such information will be contingent upon the approval of the third party concerned.

In turn, neither country will release information received under this agreement to a third organization or country without prior consent of the originator.

Existing and potential proprietary rights, where applicable, will be protected in accordance with the laws of either country, and no use will be made of information which endangers these rights without prior agreement of the originator. The originator's prior agreement will be obtained before any information is used for non-military purposes. Information covered by such proprietary rights will be exchanged between the two countries under arrangements and procedures agreeable to both.

The necessary measures will be taken for the definition of the classified aspects of each project established for information exchange and for the allocation of agreed and appropriate security classifications. Classified information received under this arrangement will be given security protection by the recipient country equivalent to that afforded by the originating country and will continue to be safeguarded after the termination of this arrangement in accordance with agreed security provisions and the additional provisions described in the preceding paragraph.

If the foregoing proposal is acceptable, I have the honour to suggest that this Note and Your Excellency's reply to that effect shall constitute an Agreement between our two Governments which shall come into force on the date of Your Excellency's reply and shall remain in force until six months from the day on which either Government shall have given notice of termination to the other.

Please accept, Excellency, the renewed assurances of my highest consideration.

Pierre Dupuy

II

The Minister of Foreign Affairs of France to the Canadian Ambassador to France

MINISTRY OF FOREIGN AFFAIRS

PARIS, May 25, 1962

His Excellency Pierre Dupuy,
Ambassador of Canada,
Paris

Excellency,

I have the honour to acknowledge receipt of your letter of to-day's date which reads as follows:

"Excellency,

I have the honour to propose, on behalf of the Government of Canada, that a programme of exchange of information in defence science be established between France and Canada in order to promote research concerning the defence of our two countries.

The fields of defence science and the specific projects to which this arrangement is applicable shall be those mutually agreed upon by the Chairman of the Defence Research Board on behalf of Canada and the Inspecteur des Fabrications et Programmes d'Armement on behalf of France, who will establish the detailed arrangements for the exchange of defence science information to such extent as is permissible under the laws of their respective countries.

The undertakings pursuant to this arrangement shall be known as: "Canada-France Defence Science Information Exchange Programme". The activity of scientific interchange within a particular and designated field of defence science shall be known as: "Canada-France Defence Science Information Exchange Project".

Subject to the proviso in Paragraph 5, there will be a full exchange of scientific and technical information on the designated subjects to which both countries consider this arrangement applicable. Either country will arrange on request for mutually agreed representatives of the other country to have access to establishments, or other places where the scientific activity or agreed projects are being carried out, for the purpose of obtaining a complete disclosure of information on those projects.

The Government of Canada and the Government of France recognize that restrictions may be placed on the exchange of certain information where a third organization or country not a party to this Agreement may be the originator. Exchange of such information will be contingent upon the approval of the third party concerned.

In turn, neither country will release information received under this agreement to a third organization or country without prior consent of the originator.

Existing and potential proprietary rights, where applicable, will be protected in accordance with the laws of either country, and no use will be made of information which endangers these rights without prior agreement of the originator. The originator's prior agreement will be obtained before any information is used for non-military purposes. Information covered by such proprietary rights will be exchanged between the two countries under arrangements and procedures agreeable to both.

The necessary measures will be taken for the definition of the classified aspects of each project established for information exchange and for the allocation of agreed and appropriate security classifications. Classified information received under this arrangement will be given security protection by the recipient country equivalent to that afforded by the originating country and will continue to be safeguarded after the termination of this arrangement in accordance with agreed security provisions and the additional provisions described in the preceding paragraph.

If the foregoing proposal is acceptable, I have the honour to suggest that this Note and Your Excellency's reply to that effect shall constitute an Agreement between our two Governments which shall come into force on the date of Your Excellency's reply and shall remain in force until six months from the day on which either Government shall have given notice of termination to the other."

I have the honour to inform Your Excellency that the Government of the French Republic agrees to this proposal. Accordingly, your letter and this reply constitute an agreement between our two Governments in force as of this day.

Please accept, Excellency, the assurances of my highest consideration.

M. Couve De Murville