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

Exchange of Letters constituting an Interim Agreement between the Government of Canada and the United Nations on the Status of the Interim Multilateral Fund for the Implementation of the Montreal Protocol on Substances that Deplete the Ozone Layer [1990] CATSer 36 (17 December 1990)

E101904 - CTS 1990 No. 38

EXCHANGE OF LETTERS CONSTITUTING AN INTERIM AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE UNITED NATIONS ON THE STATUS OF THE INTERIM MULTILATERAL FUND FOR THE IMPLEMENTATION OF THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER

I

The Executive Director of the United Nations Environment Programme to the Secretary of State for External Affairs of Canada

MONTREAL, December 17, 1990

His Excellency Mr. Charles Joseph Clark
The Secretary of State for External Affairs
Department of External Affairs
Canada

Dear Sir,

I have the honour to refer to the offer by the Government of Canada to host the Secretariat of the Interim Multilateral Fund for the Implementation of the Montreal Protocol on Substances that Deplete the Ozone Layer (hereinafter referred to as "The Fund Secretariat") together with the offer to cover any additional costs of locating and operating the Fund Secretariat in Canada, relative to the costs associated with UNEP Headquarters and to adjust these costs on an annual basis.

The Interim Multilateral Fund for the Implementation of the Montreal Protocol on Substances that Deplete the Ozone Layer (hereinafter referred to as "the Multilateral Fund") was established by Decision II/8 of the Parties to the Montreal Protocol at their Second Meeting held in London in June 1990. The Multilateral Fund will be administered by the Executive Director of UNEP in accordance with the United Nations Financial Rules and Regulations. It will be made operative by the Executive Committee from 1 January 1991 for a three-year period or until such time as the Financial Mechanism contemplated by the amendment to Article 10 of the Montreal Protocol is established.

With the present letter, I wish to seek your Government's understanding that the provisions of the Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly on 13 February 1946, shall be applicable mutatis mutandis to the premises of the Fund Secretariat, its activities in Canada, as well as to members of the Fund Secretariat. It is further understood that, should the United Nations and the Government of Canada deem it necessary, more detailed arrangements may be agreed upon between the United Nations and the Government of Canada at the request of either party.

I further propose that upon receipt of your Government's confirmation in writing of the above, this exchange of letters shall constitute an Interim Agreement between the United Nations and the Government of Canada regarding the legal status of the Fund Secretariat in Canada.

Accept, Sir, the assurances of my highest consideration.

Mostafa K. Tolba

Executive Director, UNEP
Acting on behalf of the United Nations

II

The Minister of the Environment of Canada to the Executive Director of the United Nations Environment Programme

MONTREAL, Quebec
December 17,1990

No. JLA-1100

Mr. Mostafa K. Tolba
Executive Director
United Nations Environment Programme
Montreal, Quebec

Sir,

I have the honour to refer to your letter of today's date addressed to the Secretary of State for External Affairs, the Right Honourable Joe Clark, which reads as follows:

(See Note from the United Nations Environment Program of December 17, 1990)

I have the honour to confirm that these proposals are acceptable to the Government of Canada. Accordingly, your letter together with this reply, which is authentic in English and French, shall constitute an Agreement between the Government of Canada and the United Nations, effective 17 December, 1990.

The Honourable Robert R. de Cotret, P.C., M.P.

Minister of the Environment
For the Government of Canada