Home | Databases | WorldLII | Search | Feedback Canadian Treaty Series

Exchange of Notes (August 14 and 19, 1981) between the Government of Canada and the Government of the United States of America to further extend and amend the Agreement concerning Joint Participation in the Augmentor Wing Test Project of November 10, 1970 [1981] CATSer 16 (19 August 1981)

E103825 - CTS 1981 No. 33

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA TO FURTHER EXTEND AND AMEND THE AGREEMENT CONCERNING JOINT PARTICIPATION IN THE AUGMENTOR WING TEST PROJECT OF NOVEMBER 10, 1970

I

The Secretary of State for External Affairs of Canada to the Ambassador of the United States of America

OTTAWA, August 14, 1981

FLE-1089

His Excellency Paul Robinson,
Ambassador of the United States of America,

Excellency,

I have the honour to refer to discussions which have taken place within the International Joint Working Group for the Augmentor Wing Project and between Canadian and United States officials concerning the extension of the Agreement concerning joint participation in an Augmentor Wing Flight Test Project, effected by an Exchange of Notes between the Government of Canada and the Government of the United States of America done at Ottawa on October 19 and November 10, 1970, as extended by Exchanges of Notes done at Ottawa on December 5, 1974 and March 24, 1975 as well as May 31 and July 18, 1977.

As a result of those discussions, I have the honour to propose that the Augmentor Wing Agreement be extended for a further period of four years, until July 1, 1985, and that the Annex to the United States Note of October 19, 1970 be amended as follows so as to permit the continuation of the project in Canada:

III Division of Responsibilities

Delete paragraph 1 and replace as follows:

"1. Primary responsibility for the airframe and control system aspects of the Project, while the aircraft is under NASA operational control, rests in NASA and will be accomplished in accordance with mutually agreed Statements of Work. While the aircraft is under Canadian operational control, responsibility will rest with the Department for the airframe and control system, including any modifications thereto which are accomplished in accordance with a mutually agreed Statement of Work."

VII Patent and Data Rights

Delete "1 July 1978" in the last paragraph of the Notice in Paragraph 5(2) and replace with "1 July 1989".

X Liability

Delete paragraph 1 and replace as follows:

"1. If minor damage is sustained by the DHC-5 aircraft, spares or supporting equipment required for the cooperative Project, while the aircraft is under NASA operational control, NASA will hear the cost of repairs to the airframe and the Department will hear the cost of repairs to the propulsion system. If minor damage is sustained by the DHC-5 aircraft, spares or supporting equipment, while the aircraft is under Canadian operational control, the cost of their repairs shall be borne by the Department."

Accordingly, I have the honour to propose that this Note, which is authentic in English and French, and your Excellency's reply confirming its contents shall constitute an Agreement between our two Governments to extend, under the same terms and conditions, including the amendments quoted above, the Augmentor Wing Agreement constituted by the Exchange of Notes of October 19 and November 10, 1970, for a further period of four years, that is, until July 1, 1985, and to propose that such agreement enter into force on the date of your reply with effect from July 1, 1981.

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

Mark MacGuigan

Secretary of State for External Affairs

II

The Chargé d'Affaires ad interim of the United States of America to the Secretary of State for External Affairs of Canada

OTTAWA, August 19, 1981

No. 227

The Honorable Mark MacGuigan, M.P., P.C.,
Secretary of State for External Affairs,
Ottawa

Sir:

I have the honor to refer to your Note Number FLE-l089 of August 14, 1981, concerning the extension of the Agreement concerning joint participation in an Augmentor Wing Flight Test Project, effected by an exchange of notes between the Government of the United States of America and the Government of Canada done at Ottawa on October 19 and November 10, 1970, as extended by exchanges of notes done at Ottawa on December 5, 1974 and March 24, 1975 as well as May 31 and July 18, 1977.

I have the honor to confirm that it is the desire of my Government to amend this agreement as indicated in your Note of August 14, 1981, and to extend this Agreement for a further period of four years, that is until July 1, 1985. Accordingly, I have the further honor to confirm that your Note of August 14, 1981 and this reply shall constitute an Agreement to that effect between our two Governments which shall enter into force as of the date of this Note with effect from July 1, 1981.

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

Peter W. Lande

Chargé d'Affaires ad interim