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Exchange of Notes between the Government of Canada and the Austrian Federal Government concerning the Commonwealth War Cemetery at Klagfurt, Carinthia [1968] CATSer 1 (28 February 1968)

E102582 - CTS 1968 No. 2

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE AUSTRIAN FEDERAL GOVERNMENT CONCERNING THE COMMONWEALTH WAR CEMETERY AT KLAGENFURT, CARINTHIA

I

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

CANADIAN EMBASSY

VIENNA, February 28, 1968

His Excellency Dr. Kurt Waldheim,
Federal Minister of Foreign Affairs,
Vienna

Your Excellency,

I have the honour to inform Your Excellency that the Government of Canada is desirous of concluding an Agreement with the Austrian Federal Government on the status of the Commonwealth War Cemetery at Klagenfurt, Carinthia.

2. Accordingly, I now have the honour to propose an Agreement between the Government of Canada and the Austrian Federal Government, in the following terms:

(i) The Government of Canada informs the Austrian Federal Government that the Commonwealth War Graves Commission is the sole organization authorized by the Government of Canada to care for the Commonwealth War Cemetery at Klagenfurt, Carinthia.

(ii) The Austrian Federal Government recognizes the Commonwealth War Graves Commission as being authorized to discharge the task delegated to it under sub-paragraph (i) of the present agreement in accordance with paragraph 2 of Article 19 of the State Treaty for the Reestablishment of an Independent and Democratic Austria concluded on the 15th of May, 1955, between the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, the United States of America, and France, of the one part, and Austria of the other part.

(iii) The Austrian Federal Government grants to the Commonwealth War Graves Commission free of cost the permanent use of the state-owned land described as no. 207/3, land register no. 1472, cadastral community Waidmannsdorf, judicial district Klagenfurt, Carinthia, on which the Commonwealth War Graves Cemetery is situated, for the purpose of a cemetery and for as long as the said Cemetery exists. A scale map showing the boundaries of the land is annexed to this Note.⁽¹⁾

(iv) The Austrian authorities shall inform the Commonwealth War Graves Commission without delay through the diplomatic channel in the event of any application being made by the relatives of the dead in respect of any exhumation from the graves in that cemetery.

3. If the foregoing provisions are acceptable to the Austrian Federal Government, I have the honour to suggest that the present Note and Your Excellency's reply to that effect, shall be regarded as constituting an Agreement between the Government of Canada of the one part, and the Austrian Federal Government, of the other part, which shall take effect forthwith.

I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.

John A. McCordick

Ambassador Extraordinary and Plenipotentiary

II

The Minister for Foreign Affairs of Austria to the Canadian Ambassador to Austria

(Translation)

Vienna, 28 February 1968

His Excellency John Alexander McCordick
Ambassador Extraordinary and Plenipotentiary of Canada
Vienna

Your Excellency,

I have the honour to confirm the receipt of your Note dated February 28, 1968, the German translation of which is as follows in German translation:

(German text not published)

I have the honour to inform Your Excellency that the Federal Government of the Republic of Austria agrees with the proposal of the Government of Canada that your Note and the present reply constitute an Agreement between the Federal Government of the Republic of Austria, of the one part, and the Government of Canada, of the other part, on the status of the Commonwealth War Graves Cemetery at Klagenfurt, Carinthia.

Please accept, Your Excellency, the assurances of my high consideration.

Dr. Kurt Waldheim

Federal Minister for Foreign Affairs

⁽¹⁾ Not Published