346. Note From the Canadian Ambassador (Heeney) to the Secretary of State1
Sir: I have the honour to refer to my Note No. 306 of May 5, 1955, and your Note of May 5, 1955, in reply, constituting an agreement for the establishment of the Distant Early Warning System. In accordance with paragraph 21 of the Annex to my Note, which authorizes the making of supplementary arrangements and administrative agreements for the purpose of carrying out the intent of the agreement, I propose that this Note and your reply should constitute an agreement effective from the date of your reply, with respect to the following matters:
- (a)
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Concerning paragraph 13 of the Annex to my Note No. 306 of May 5, 1955:
If in the opinion of the Department of Northern Affairs and National Resources the condition of buildings, equipment or other material which are no longer to be used for the project may have an injurious effect upon the Eskimos, the two governments will consult with a view to working out mutually satisfactory arrangements for razing any such buildings, removing or otherwise disposing of any such equipment, and restoring the site to a reasonable condition, bearing in mind the authorized uses to which the site has been put. In working out mutually satisfactory arrangements it is assumed that the last user of such buildings, equipment and other materials will, subject to the availability of funds, accept the responsibility for any razing and removal that is found necessary except where there are circumstances which in the opinion of the last user warrant requesting the other country to assume this responsibility in whole or in part. Such a request on the part of the last user would be negotiated through the consultation process called for above.
- (b)
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Concerning paragraph 17 of the Annex to my Note No. 306 of May 5, 1955:
The use of military aircraft by the United States in Canada in connection with the construction and operation of the DEW System in Canada shall be in accordance with the provisions of the Joint United States-Canadian understanding entitled “Procedures Governing Operations of United States Military Aircraft in Canadian Territory on Point-to-Point Transport Tasks”, attached as Appendix “A” to the Journal of the January, 1954, meeting of the Permanent Joint Board on Defense.2
Accept, Sir, the renewed assurances of my highest consideration.3