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Exchange of Notes (May 13 and October 2, 1985) between the Government of Canada and the Government of the United States of America constituting an Agreement concerning the Construction of New Chanceries in Ottawa and Washington respectively [1985] CATSer 26 (2 October 1985)

E103622 - CTS 1985 No. 26

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONSTITUTING AN AGREEMENT CONCERNING THE CONSTRUC­TION OF NEW CHANCERIES IN OTTAWA AND WASHINGTON RESPECTIVELY

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

WASHINGTON, May 13, 1985

No. 280

The Honourable George P. Shultz,
Secretary of State,
Department of State,
Washington, D.C.

Sir:

I have the honour to propose that, by mutual agreement of our two governments, only contractors of the host country will be permitted to bid on and to be awarded contracts for the construction of the new chanceries of our two govern­ments to be built in Ottawa and Washington respectively.

More specifically it is proposed that, in respect of the new Canadian chancery in Washington, bidding and the award of contracts shall be restricted to United States contractors. In the case of the new chancery of the United States of America in Otta­wa, it is proposed that bidding and the award of contracts shall be restricted to Cana­dian contractors.

Bidder qualification under this Agreement shall be determined on the basis of nationality of ownership, the burden of which shall be on the prospective bidder. Qualification as regards a contractor of the United States or a contractor of Canada shall require evidence of: (a) performance of similar construction work in the con­tractor's own country, and (b) either (i) ownership in excess of fifty percent by host country citizens or permanent residents, or (ii) incorporation in the host country for more than three years and employment of host country nationals or permanent residents in more than half of the corporation's permanent full-time professional and managerial positions in the host country.

It is understood that each government will advise the other in a timely manner concerning procedures for the implementation of this Agreement, and its applica­tion to contractors of both countries.

If these proposals are 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 reply indicating such concurrence, shall constitute an Agreement between our two governments which shall enter into force on the date of your reply and remain in force until terminated by mutual consent following the completion of construc­tion of the new chanceries.

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

Allan E. Gotlieb

Ambassador

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

WASHINGTON, October 2, 1985

His Excellency Allan E Gotlieb,
Ambassador of Canada

Excellency,

I have the honor to refer to your Note No. 280 of May 13, 1985 concerning proposed arrangements under which only contractors of the host country shall be per­mitted to bid on and to be awarded contracts for the construction of the new chanceries of our two governments to be built in Washington and Ottawa respectively.

I have the honor to inform you that these proposals are acceptable to the Government of the United States, and to confirm 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.

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

James M. Medas

For the Secretary of State