SECRET
ANNEX
Conditions to Govern the Establishment
and Operations of Gap Filler Radar Stations
in the Newfoundland-Labrador Area.
(In this Statement of Conditions, unless the context otherwise requires, "Canada" means the Government of Canada, and "United States" means the Government of the United States of America.)
The location and size of all airstrips and location of all sites, roads, wharves and jetties, required in Canada shall be a matter of mutual agreement by the appropriate agencies of the two Governments. Canda shall acquire and retain title to all lands required for the stations. Canada grants and assures to the United States, without charge, such rights of access, use and occupancy as may be required for the construction, equipment and operation of the stations.
Construction will be the responsibility of the United States. The United States Air Force or its designated agent will consult fully at all stages with appropriate agencies of the Canadian Government through the Royal Canadian Air Force.
Plans of buildings, airstrips, roads (including access roads) and similar facilities, information concerning use of local materials, such as rock fill, and sand and gravel, and information concerning other arrangements related to construction and major items of equipment, shall, if requested, by supplied to the appropriate Canadian authorities in sufficient detail to give an adequate idea of the scope of the proposed construction. Canadian officials have the right of inspection during construction. Proposal for subsequent construction, or major alterations, shall be discussed with the appropriate Canadian authorities.
The Canadian Government reaffirms the principle that electronic equipment at installations on Canadian territory should, as far as possible, be manufactured in Canada. The question of practicability must, in each case, be a matter for consultation between the appropriate Canadian and Unted States agencies to determine the application of the principle. The factors to be taken into account shall include availability at the time period required, cost and performance. For the purpose of carrying ot these principles, consultation shall take place between representatives of the United States Air Force, and the Royal Canadian Air Force and the Canadian Department of Defence Production.
Nothing in this Agreement shall derogate from the application of Canadian law in Canada, provided that, if in unusual circmstances its application may lead to unreasonable delay or difficulty in construction or operation, the United States authorities concerned may request the assistance of Canadian authorities in seeking appropriate alleviation. In order to facilitate the rapid and efficient construction of the stations, Canadian authorites will give sympathetic consideration to any such request submitted by United States Government authorities.
The costs of construction and operation of these stations shall be the responsibility of the United States, with the exception of Canadian military personnel costs if Canada should man any of the stations at a later date.
The United States may station personnel at the sites under the control and command of United States military authorities, provided that upon reasonable notice Canada may take over the manning of any or all of the installations. Canada will ensure the effective operation, in association with the United States, of any installation it takes over.
Canada and the United States agree that, subject to the availability of funds, the stations shall be maintained in operation for a period of ten years or such shorter period as shall be agreed by both countries in the light of their mutual defence interests. Thereafter, in the event that either Government concludes that any of the installations are no longer requried, and the other Government does not agree, the question of continuing need will be referred to the Permanent Joint Board on Defence. In considering the question of need, the Permanent Joint Board on Defence will take into account the relationship of these stations to other radar installations established in the mutual defence interest of the two countries. Following consideration by the Permanent Joint Board on Defence, as provided above, either Government may decide that the station or stations in question shall be closed, in which case the arrangements shown in paragraph 10 below regarding ownership and dispostion of the installation shall apply.
Ownership of all removable property brought into Canada or purchased in Canada, and placed on the sites, including readily demountable structures, shall remain in the United States. The United States shall have the unrestricted right of removing or disposing of all such property, PROVIDED that the removal or dispostion shall not impair the operation of any installation whose discontinuance had not been determined in accordance with the provisions of paragraph 9 above, and PROVIDED further that removal or disposition takes place within a reasonable time after the date on which the operation of the installation has been discontinued. The disposal of United States excess property in Canada shall be carried out in accordance with the provisions of the Exchange of Notes of April 11 and 18, 1951, between the Secretary of State for External Affairs and the United States Ambassador in Ottawa, concerning the disposal of excess property.
The United States military authorities shall obtain the approval of the Canadian Department of Transport, through the Royal Canadian Air Force, for the establishment and operation (including the assignment of frequencies) of radio stations in Canadian territory. The provision of telecommunications circuits (both radio and land-line) required during the construction period and thereafter will be the subject of consultation between the appropriate authorities of the two governments, having regard to the desirability of using existing circuits and existing Canadian public carriers where this may be feasible.
Any geological, topographical, hydrographical, geo-physical, or other scientific data obtained in the course of construction or operation of the stations shall be transmitted to the Canadian Government.
Note: * hand written note states that another copy reads ", at its expense".
Airstrips (including helicopter pads) at the installation shall be used by the United States solely for the support of the stations. If it should be desired at any times by the United States to use an airstrip for other purposes, a request shall be forwarded through appropriate channels. The airstrips shall be available for use by the RCAF as required. The airstrips shall also be available for use by Canadian civil air carriers operating into or through the area, whenever such use would not conflict with military requirements, and SUBJECT to the understanding that the United States Air Force shall not be responsible for the provision of accommodation, fuel, or servicing facilities of any kind. Proposals and arrangements for such use of USAF-operated airstrips by Canadian Air Carriers shall be submitted to the RCAF, which shall consult the USAF before granting any such permission.
Landing facilities at any of the stations on tide-water shall be available for use by Canadian Government ships and ships employed on Canadian Government business.
The Canadian Government shall grant remission of customs duties and excise taxes on goods imported and of federal sales and excise taxes on good purchased in Canada which are or are to become the property of the United States Government and are to be used in the construction and/or operation of the installations, as well as refunds by way of drawback of the customs duty paid on goods imported by Canadian manufacturers and used in the manufacture or production of goods purchased by or on behalf of the United States Government and to become the property of the United States Government for the construction or operation of the installations.
The "Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces", signed in London on June 19, 1951, shall apply.
Supplementary arrangements or administrative agreements between authorized agencies of the two Governments may be made from time to time for the purpose of carrying out the interest of this agreement.