Exchange of Notes between the Government of Canada and the Government of the United States of America constituting an Agreement to Extend the North American Aerospace Defence Command (NORAD) Agreement for a further five-year period

Sir:

I have the honor to refer to discussions that have taken place between representatives of our two Governments regarding future cooperation between Canada and the United States in the aerospace defense of North America through participation in the North American Aerospace Defense Command (NORAD). Our Governments remain convinced that such cooperation, conducted within the framework of the North Atlantic Treaty remains vital to their mutual security, compatible with their national interests, and an important element of their contribution to the overall security of the NATO area.

In the years since the NORAD Agreement was first concluded on 12 May 1958, NORAD has evolved to address the continuing changes in the character of strategic weapons and in the nature of the threat they have posed to North America. With the end of the Cold War, we have witnessed dramatic changes in the geo-strategic environment which have significantly shifted the focus of North American aerospace defense. The traditional Cold War threat has altered, both in terms of the nations or groups that might choose to challenge North American security, and the weapons that could be employed.

Strategic arms reduction treaties and other arms control initiatives hold the promise of deep cuts in strategic ballistic missile nuclear forces. However, [Page 4] large residual nuclear arsenals capable of striking North America will still exist after programmed reductions are made. Meanwhile, other nations are covertly attempting to acquire nuclear-capable ballistic missiles and other weapons of mass destruction. The proliferation of weapons of mass destruction and their delivery systems has emerged as a major security challenge.

In recent years, space has become an increasingly important component of most traditional military activities. As a result of the proliferation of missile capabilities and requirements for enhanced missile warning, the role of space will take on added significance. A growing number of nations have also acquired or have ready access to space services which can be used for strategic and tactical purposes against our interests.

Long-range bomber forces capable of striking North America remain as part of the large residual nuclear arsenal. However, the threat from these forces has diminished significantly. The proliferation of cruise missile technology could pose a future concern to North American security. Non-military air activity associated with drug trafficking and other illegal activities is of continuing interest. Domestically, the overall volume of air traffic flowing daily to, from, and within our airspace will expand as a result of the recent signing of the Air Agreement. This Agreement effectively opens our borders fully to transborder air services and will dictate an even higher degree of coordination between our national airspace and surveillance-and-control systems and their military components.

In light of the current circumstances, recent consultations between officials of our two countries have identified those tasks appropriate for the aerospace defense of North America and have analyzed the merits of cooperating in their execution. The analysis has confirmed that binational cooperation enhances aerospace defense for our continent, and is a proven and flexible means to pursue shared goals and interests. It is appropriate that our Governments update the NORAD Agreement to ensure that their mutual defense requirements are met in the current and projected geo-strategic circumstances.

In consideration of the foregoing circumstances, the primary missions of NORAD in the future will be:

a. aerospace warning f or North America; and

b. aerospace control for North America.

It is understood that "aerospace warning" currently consists of the monitoring of man-made objects in space and the detection, validation, and warning of attack against North America whether by aircraft, missiles, or space vehicles, utilizing mutual support arrangements with other commands. An integral part of aerospace warning will continue to entail monitoring of global aerospace activities and related developments. It is understood that "aerospace control", currently includes providing surveillance and control of the airspace of Canada and the United States. The expansion of binational cooperation in other aspects of the aforementioned missions should be examined and could evolve if both nations agree. Both Governments undertake to ensure that full and meaningful consultations on aerospace defense cooperation take place when requested by either party.

These consultations should have a particular view to maximizing operational effectiveness, minimizing costs, and protecting the environment through continued innovation in the conduct of NORAD operations, in addition to an emphasis on developing emerging capabilities in surveillance, communications, and data fusion for NORAD applications.

On the basis of our common appreciation of the circumstances described and of the experience gained since the inception of NORAD, my Government proposes that the following principles should govern the future organization and operations of the North American Aerospace Defense Command:

a. The Commander in Chief, NORAD (CINCNORAD), and the Deputy CINCNORAD, in CINCNORAD's absence, shall be responsible to the Canadian and United States Government through the chief of the Defense Staff of Canada and the Chairman of the Joint Chiefs of Staff of the United States. CINCNORAD shall function in support of the concepts of aerospace warning and aerospace control approved by the authorities of our two Governments for the defense of the Canada-United States region of the NATO area;

[Page 8]

b. CINCNORAD and the Deputy shall not be from the same country, and their appointments must be approved by the Canadian and United States Governments. During the absence of CINCNORAD, command shall pass to the Deputy CINCNORAD;

c. The NORAD Headquarters, and NORAD Command and Operations Centers shall be composed of integrated staffs with representatives of both countries. Other centers within Cheyenne Mountain Operations Center, subordinate commands, and other commands providing support to NORAD missions may include NORAD personnel, as appropriate, to perform NORAD duties. NORAD personnel performing NORAD duties in other commands may be called upon to support the mission of that command;

d. The financing of expenditures connected with the integrated headquarters of NORAD shall be arranged by mutual agreement between appropriate agencies of the two Governments;

e. NORAD shall include such forces as are specifically made available to it by the two Governments. The jurisdiction of CINCNORAD over those forces and resources is limited to operational control as hereinafter defined. Additional Canadian and United States resources, including cooperative arrangements with other commands, may be designated by the respective Government to provide support to NORAD;

f. "Operational control" is the power to direct, coordinate, and control the operational activities of forces assigned, attached, or otherwise made available. No permanent changes of station shall be made without approval of the higher national authority concerned. Temporary reinforcement from one area to another, including the crossing of the international boundary, to meet operational requirements shall be within the authority of commanders having operational control. The basic command organization for the defense forces of the two countries, including administration, discipline, internal organization, and unit training, shall be exercised by national commanders responsible to their national authorities;

[Page 10]

g. The plans and procedures to be followed by NORAD in wartime shall be formulated and approved by appropriate national authorities and shall be capable of rapid implementation in an emergency. Any plans or procedures recommended by NORAD that bear on the responsibilities of civilian departments or agencies of the two Governments shall be referred for decision by the appropriate military authorities to those agencies and departments;

h. The Agreement between parties to the North Atlantic Treaty regarding the Status of their Forces signed in London on June 19, 1951, shall apply;

i. Both parties agree on the importance of following sound environmental practices. Without prejudice to their rights and obligations, the parties agree to review environmental issues, related to NORAD operations, in the Permanent Joint Board on Defense;

j. The North Atlantic Treaty Organization shall continue to be kept informed through the Canada-United States regional Planning Group of arrangements for the aerospace defense of North America;

k. Terms of reference of CINCNORAD and the Deputy shall be consistent with the foregoing missions and principles set out for NORAD. Changes in these terms of reference, including the addition of other aspects of the missions heretofore identified, may be made by agreement between the Chief of the Defense Staff of Canada and the Chairman of the Joint Chiefs of Staff of the United States, with approval of higher authority, as appropriate, provided that these changes are in consonance with the principles set out in this Note.

If the Government of the United States of America concurs in the considerations and provisions set forth herein, I have the honor to propose that this Note, which is equally authentic, in English and French, and your reply to that effect, shall constitute an Agreement between our two Governments, which will enter into force on the date of your reply, with effect from 12 May 1996. This Agreement will, from the date on which it takes [Page 12] effect, supersede the Agreement on the North American Aerospace Defense Command concluded on 11 March 1981, and subsequently renewed on 19 March 1986 and 30 April 1991.

The present Agreement will remain in effect for a period of five years, during which its terms may be reviewed at any time at the request of either Party. It may be terminated by either Government, upon 12 months' written notice to the other.

Accept, Sir, the assurances of my highest consideration.

Excellency:

I have the honor to refer to Your Excellency's note dated March 28, 1996 which reads as follows:

(See Note from Canada of March 28, 1990)

I have the honor to inform Your Excellency that my Government concurs in the provisions set out in Your Excellency's Note, and that Your Excellency's Note and this Note in reply shall constitute an Agreement between our two Governments, which shall enter into force on this date, with effect from May 12, 1996.

Accept, Excellency, the assurances of my highest consideration.