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Exchange of Notes between the Government of Canada and the Government of the United States of America amending the Agreement on the Disposal of Excess U. S. Property in Canada signed September 1, 1961 [1984] CATSer 11 (14 March 1984)

E100973 - CTS 1984 No. 13

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA AMENDING THE AGREEMENT ON THE DISPOSAL OF EXCESS U.S. PROPERTY IN CANADA SIGNED SEPTEMBER 1, 1961

I

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

OTTAWA, December 21, 1983

URT-315

His Excellency Paul Heron Robinson Jr.
Ambassador of the United States of America
Ottawa

Excellency,

I have the honour to refer to the Exchange of Notes of August 28 and September 1, 1961 constituting an Agreement between Canada and the United States of America concerning the disposal of excess United States property in Canada, and to recent discussions between officials of our two governments concerning the amendment of paragraph 3 (i) of the Canadian Note No. 140 of August 28, 1961.

Accordingly, I have the honour to propose that paragraph 3 (i) in the Canadian Note of August 28, 1961, be deleted and be replaced by the following wording:

"(i) The manner of accounting for the receipts from sales shall be as follows: CADC shall retain and be accountable to the Canadian Government for that amount of the receipts collected on behalf of the Canadian Government as duties and taxes and the amount equal to the remainder of the receipts, less

(a) appropriate deductions for direct sales expenses, and

(b) a percentage, equal to the percentage retained by the Corporation on sales on behalf of the Canadian Government, of the remainder after the above deduction, to cover costs of administration,

shall be paid to the Treasurer of the United States of America through the appropriate United States reporting agency as proceeds to the United States from sales of property hereunder, CADC will provide advance notification of the percentage referred to in sub-paragraph (b) above to the appropriate United States Government agencies on an annual basis."

If the foregoing is acceptable to the Government of the United States, I have the honour to propose that this Note, which is authentic in English and French, and your Excellency's Note in reply shall constitute an Agreement between our two Governments to amend the Exchange of Notes of August 28 and September 1, 1961, which shall enter into force on the date of your reply with effect from October 1, 1983.

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

Allan J. MacEachen

Secretary of State for External Affairs

II

The Embassy of the United States of America to the Department of External Affairs of Canada

Note No. 96

The Embassy of the United States of America presents its compliments to the Department of External Affairs and has the honor to refer to your note No. URT-315 of December 21, 1983, proposing an amendment to the Agreement between the United States of America and Canada concerning the disposal of excess United States property in Canada, constituted by an Exchange of Notes of August 28 and September 1, 1961.

The proposed amendment to paragraph 3 (i) of the Canadian Note No. 140 of August 28, 1961, forming part of the above Exchange of Notes, meets with the approval of the Government of the United States of America. The Embassy of the United States of America has the honor to confirm, therefore, that your Note and this reply shall constitute an Agreement between our two governments which shall enter into force on the date of this reply with effect from October 1, 1983.

The Embassy renews to the Department of External Affairs the assurances of its highest consideration.

Ottawa, March 14, 1984

Embassy of the United States of America