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                  <text>Document divulgue en v

ation

REDRAFT OF PROPOSED CANADIAN NOTE
S E C R E T
June 5 t h , 1964
Sir:

1.
I have the honour to refer to the Exchange
of Notes of August 16, 1963 between our two Governmentsj
in particular to paragraph 5 of the Secretary of State
for External Affairs' Note No. 125 of that date; to the
Letters of Understanding of the same date, concerning
consultation prior to the release of nuclear warheads
to, and authorization for their operational use by
NORAD forces in Canada; to the Exchange of Notes of
September 28 and 30, 1963; in particular to paragraph 6.
, of the Secretary of State for External Affairs* Note
No. 162 of September 28j and to the review by officials
of the two Governments of existing arrangements between
our two Governments providing for certain measures which
might be' taken when hostilities involving North America
appeared likely or possible and for various forms of
consultation concerning situations which might lead to
the outbreak of such hostilities.
2.
The general pattern reflected in these various
arrangements is that the measures envisaged require governmental authorization, which normally would be given only at
the time and following inter-governmental consultation*
The possibility of surprise attack is reflected by the
qualification, explicit or implied, that the time factor
might not always permit prior inter-governmental consultation
and might in certain circumstances require some of these
measures to be undertaken on the basis of prior authorization.
3.
The Canadian Government wishes to propose the
conclusion of a comprehensive Agreement with the United States
Government, in the terms set out below, both concerning
bilateral consultation between the two Governments with regard
to situations which might lead to the outbreak of hostilities
involving North America, and hence might call for the release
of nuclear warheads to NORAD forces, and concerning procedures
relating to the authorization to CINCNORAD for operational use
of nuclear weapons. The object of this Agreement would be:
(a) to consolidate relevant provisions of existing
agreements and to define more precisely (1)
the relationship between such consultation and
measures relating to North American defence
which might be undertaken in a situation of
rising tension or to prepare for possible war,
and (2) the procedural arrangements and channels
of communication applicable to such consultation;
The Honourable Dean Rusk,
Secretary of State of the
United States of America,
WASHINGTON, D.C.

... 2

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S E C R E T
- 2(b) to specify the procedures for authorizing
CINCNORAD to use operationally forces equipped
with nuclear weapons.
CONSULTATION
4. (a) As the NORAD Agreement recognizes that the air
defence of North America is single and indivisible, there is
a special obligation on both Governments to maintain the
closest consultation in any situation which could develop
into a direct military threat to North America and consequently would lead to such precautionary steps as the
raising of NORAD's state of readiness. It is agreed that,
in a situation of increasing international tension which
could give rise to hostilities involving North America, a
meeting of representatives of our two Governments will be
convened, on the initiative of either Government, (i) to
examine jointly that situation in both its political and
military aspects, and (ii) to consider, and to coordinate
as appropriate, the courses of action which the two Governments might decide to undertake in relation to that situation.
'(b) In a situation involving so urgent a risk of
hostilities involving North America that it is not considered
possible to convene such a meeting, either Government may
initiate consultation concerning that situation through the
medium of telecommunications, this to be known as "emergency
consultation".
(c) Rapid and reliable telecommunications facilities will
be provided which will, with due regard for security, permit
the simultaneous participation in such emergency consultation
of the President, the Secretary of State, the Secretary of
Defense, and the Chairman of the Joint Chiefs of Staff for
the United States, and the Prime Minister, the Secretary of
State for External Affairs, the Minister of National Defence
and the Chief of the Defence Staff for Canada, and the
Commander-in-Chief, NORAD (CINCNORAD).
(d) Consultation between our two Governments in a
situation of increasing international tension will be fully
effective only if each has an adequate understanding of the
views of the other concerning the background of that situation.
Accordingly senior civilian and military representatives of
our two Governments shall be prepared to meet at intervals
of approximately six months to discuss situations which, in
the view of either Government, might so develop as to lead in
due course to a risk of hostilities involving North America.
These discussions will be informal and exploratory and will
not be regarded as involving or implying any commitment on
the part of either Government as to the action it would take
or the position it would adopt in particular circumstances
not yet arisen.
PREPARATORY MEASURES
5. (a) In the course of consultation undertaken as provided
in 4, (a) or 4, (b) above consideration shall be given to the .
advisability of implementing measures which might be proposed \
by either Government or by CINCNORAD in preparation for possible
hostilities involving North America. Such measures could
include

.. .

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S E C R E T
- 3(i)

the institution by either country of military
or civil alert measures on a national basis,

(ii) the increase by CINCNORAD of the state of
readiness of the North American Air Defence
Command,
(iii) measures by national authorities preliminary
to operational use of nuclear weapons by
NORAD forces,
(iv) the release by the United States Government
of nuclear weapons to Canadian forces committed to NORAD, and the concurrent authorization
by both Governments to CINCNORAD for the operational use of nuclear weapons.
(b) Except as provided in 9. hereunder and in 5* (c)
and (d) hereunder, measures of a joint nature such as those
listed in 5. (a) (ii) and (iv) above shall not be undertaken
until they have been discussed and agreed in the course of
inter-governmental consultation as provided in 4» above.
(c) If an attack on North America appears imminent or
probable in a matter of hours rather than days inter-governmental consultation and consultation between CINCNORAD and
the two Governments might, of necessity, coincide with or
even follow certain actions of a preparatory nature such as
those listed in 5- (a) above. In that event, the other
parties concerned will immediately be informed of the action
taken, and consultation will take place as soon as possible.
(d) Where time or other factors preclude his first
consulting national authorities, CINCNORAD1s authority, as
set out in his terms of reference, to increase the state of
readiness of his forces is reaffirmed, and his authority in
an emergency to authorize the use of nuclear warheads is
affirmed in the manner hereinafter prescribed.
(e) In a situation in which general war appeared likely
or imminent, certain other preparatory measures, not relating
directly to the defence of North America but nevertheless of
concern to both Governments, would probably be considered.
It would be appropriate that such measures be discussed in
the course of the inter-governmental consultation for which
provision is made in this agreement.
PROCEDURES
6. (a) When time permits and communications and other facilities are available, the normal channel for the initiation by
either Government of consultation as provided in 4. (a) and
(d) above shall be between the United States Department of State
and the Canadian Department of External Affairs via the Canadian
Embassy, Washington. Procedures already established to permit
rapid communication between our two Governments at any time by
this channel may be used for this purpose.
(b) In,addition to the channel indicated in 6. (a) above,
channels which may be used to propose emergency consultation
as provided in 4-(b) above include President-Prime Minister,
Secretary of State-Secretary of State for External Affairs,

4
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S E C R E T
- 4 -

•

Secretary of Defense-Minister of National Defence, Chairman
Joint Chiefs of Staff-Chief of the Defence Staff or between
designated officials of the Department of State and of the
Department of External Affairs. Such emergency consultation
may be initiated at the suggestion or request of CINCNORAD
and, in such circumstances, CINCNORAD should normally be
invited to participate in any discussions bearing on North
American defence and involving other senior military advisers
of the two Governments. In the event that emergency consultation is initiated, all agencies or persons listed above
will immediately be informed.
(c) Each Government shall establish and maintain such
internal arrangements as will permit it te participate, at
any time and on short notice, in such emergency consultation.
Each Government shall inform the other of the nature of
those internal arrangements, to the extent that such information
would facilitate the prompt and effective conduct of such emergency consultation.
(d) Arrangements will be made to provide for periodic
exercises to test and practise the procedures for initiating
and conducting such emergency consultation, such exercises
to be held on occasion in conjunction with appropriate military and civil defence exercises.
AUTHORIZATION FOR THE OPERATIONAL USE
OF NUCLEAR WEAPONS BY NORAD FORCES
7. (a) Neither United States release of nuclear weapons nor
Canadian Government authorization for use should be effected
unless and until an attack against North America seemed
imminent. Once the situation had deteriorated to this point,
however, it would be imperative that the arrangements and
procedures in force permit both release and authorization to
be effected rapidly.
(b)
The need for release and authorization for use could
arise either following a gradual build-up of international
tension or in the event of a surprise attack against the forces
or territory of the United States, Canada or their allies. In
the case of a gradual build-up of tension, it may be presumed
that decisions on the adoption of appropriate precautionary
measures, including appropriate national and NORAD alert states
(defence conditions) and a decision on the release and authorization for use of nuclear weapons, would be taken in consultation.
(c)
To provide for the possibility of the need for use
arising suddenly in emergency circumstances as defined in paragraph
(d) below, it is agreed that the President of the United States
of America will provide for the timely release of nuclear warheads to Canadian forces committed to NORAD, and that the Prime
Minister, acting on behalf of the Government of Canada, and the
President will provide for the timely authorization to CINCNORAD
to employ operationally nuclear armed forces^^The weapons thus
made available to NORAD tvill be used only in accordance with
NORAD Rules of Engagement.

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�Document disclosed under the Access to Information Act DocumenX,divulgue .ejojtejdtu_dft.Ja Loi sur I'acces a I'information

S E C R E T

- 5(d) The emergency circumstances referred' to in the
preceding paragraph are as follows:
(I)

In the event that a surprise attack in force
is undertaken against targets in Canada, or
the United States, or both. In the absence of
any advance warning that such an attack was
imminent, or of any indication that large
scale hostilities had started or were imminent
in other theatres where United States or
Canadian forces were involved, direct and
unequivocal evidence that an attack in force
had actually begun would be required.
(Examples of developments which would be
considered an "attack in force" would
include the actual entry of substantial
numbers of bombers into Canadian or United
States sovereign airspace, or the detection
of several missiles on trajectories originating
in the Soviet Union and terminating in North
America, or a combination of several missiles
and bombers penetrating the BMEWS and DEW
lines, respectively, on flight-paths patently
directed towards North America.)

(II) In the event that several nuclear bursts of
unknown origin occur in the space of a few
minutes within the confines dt^ the United
States or Canada.
(iii) In the event that reliable evidence is obtained
that large numbers of bombers had taken off
or several ICBMS had been launched from bases
in the Soviet Union in circumstances preceded
by a period of increased international tension.
(iv) In the event that a properly authenticated communication is received from any major NATO or
United States commander clearly indicating that
attacks involving the use of nuclear weapons
had been launched in at least one theatre directly
involving NATO or United States forces.
(v)

In any circumstances which in CINCNORAD*s
judgment involve a clear risk of imminent
strategic attack against North America and in
the case of Alaska, in the event of imminent
attack and in which delay might seriously"
prejudice the defence of North America.
GENERAL CONDITIONS

8.
This Agreement when it comes into force shall supersede the existing agreements listed in Annex A.
9.
In any case, each Government shall retain, for purposes
of its own defense, the freedom to take measures, at home or
abroad, not inconsistent with the sovereignty of the other.

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SECRET

- 610.
This agreement may be reviewed by the two Governments at the request of either Government, and after such
review may be terminated upon six months' notice. It may
be modified or amended at any time, by agreement, upon the
proposal of either Government.
11.
If the foregoing is
I propose that this Note and
stitute an Agreement between
matter which shall come into
reply.

acceptable to your Government,
your reply thereto shall conour two Governments on this
effect on the date of your

000096

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