https://declassified.library.utoronto.ca/files/original/579f86a1823a7491d532c07388dc3e4d.pdf 208c3c6e22fc474061866f0026009b92 PDF Text Text J D.L.(1)/A,B, Grepault/jl Wr DEPARTMENT OF EXTERNAL AFFAIRS //" &>A MEMORANDUM TO: fi ^ [\ C£ks\ U' Security . .GOESIPMSJIiL heg&l- Divic-lon Date FROM: Defence .Liaison, •(•!)• • • • • REFERENCE: Telephone- soBversation-Mr-.. -Wood- and • • liri- Orepauit; SUBJECT: HP $"D^^ • October. 2 , • 19-57, F i l e No. Wi . -p»0po-sal- for• establishment- -of-HASQ • stoakpiles of -Hue-1-eer • ¥eepen# At the ease time as Canadian officials hare been considering the need to amend Canadian legislation to allow the establishment in Canada of stockpiles of nuclear weapons, it has been queried whether the implementation of such a proposal would in fact be possible without also some amendments to the relevant United States legislation. As you know, It has been understood in the HATO Council, when the supply of nuclear weapons to the HATO allies was discussed, that prior changes to existing United States legislation would be necessary. Mr, Dulles was less specific, however, at his press conference in Washington on July 16, and may hare raised some doubts about whether such amendments to the United States legislation were required. In the brief on HATO stockpiles prepared by this division on July 26 for the guidance of the ?rirae Minister in his meetings with the U.S. Secretary of State, the following statement was included: "The United States Secretary of State has explained that the United States had at present no specific program for carrying out the proposal, and indicated that in any case congressional sanction would probably be necessary before one could be worked out and implemented, The United States Atomic Knergy Act might also require amendments, since it permits at present a supply of nuclear weapons to allies of the United States only after war has broken out...." 2. It may be convenient to have available the actual text of the relevant United States legislation on this score. It would seem that the position of the members of the HATO Alliance would be generally governed by Section 123 (a) of the 195^ United States Atomic Energy Act, as amended: "Cooperation with Other Hations — Ho cooperation with any nation or regional defence organization pursuant to section 53(C), 57(B), or \kk of this A«5t shall be undertaken until—"a. the Commission has approved the provisions Of the proposed agreement for cooperation, which proposed agreement shall include (1) the terms, conditions, duration, nature, and scope of the cooperation; (2) a guarantee by the cooperating party that security safeguards and standards as approved by the Commission will be maintained; I xt. 326 2/53) A0027625 9-000166 �COHFIDEHTIAL im <3) a guarantee by the cooperating party that any materials to be transferred pursuant to such agreement will not be used for atomic weapons, or for . research on or development of atomic weapons, or for eny other alii tary purposes; and (k) the right of the United Statos to terminate the agreement and recall any materials furnished if in the opinion of the President the cooperating party falls at any time to comply with the terms of the agreement, or if the President finds that a continuance of the agreement would be contrary to the best interests of the United Statesj* 3, Oanada, like the United Kingdom, enjoys the advantages of the kind of "agreement for cooperation* invlsaged in Section 123 of * he United States Atomic Energy Act, by virtue of the Agreement entered into in 1955 with the United States for "cooperation regarding atomic information for mutual defence purposes". But even this special agreement contains a fundamental restriction concerning transfer of atomic weapons; Article II of this agreement reads indeed as follows: Article II: "1. All transfers of atomic information to Canada by the United States pursuant to this Agreement will be made in compliance with the provisions of the United StateB Atomic Energy Act of 195^ **& any subseauent applicable United States legislation. All transfers of atomic information to the United States by Canada pursuant to this Agreement will be made In compel with the Atomic Energy Control Act and the Atomic Energy Regulations oi Canada or subsequent applicable Canadian legislation and regulations. 2. Under this Agreement there will be no transfers by the United States or] Canada of atomic weapons or special nuclear material, as these terms ar! defined In Section II d. and Section 11 t. of the United States Atomic Energy Aet of 195*KB km On the basis of these texts, it seems most unlikely that the United States authorities could proceed with the implementation of the proposal for HATO stockpiles of nuclear weapons until £hd unless suitable amendments ere made to their present Atomic Energy legislation. Deface Liaison (1) Division ec D.L.(2) and Economic Div. U.H. Division (Mr. Campbell) USSM's Office A0027625 10-000167 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context CDNW00952 Title A name given to the resource Memorandum from Acting Under-Secretary of State for External Affairs to United States Embassy Date A point or period of time associated with an event in the lifecycle of the resource 18-Sep-57 Source A related resource from which the described resource is derived ÒAtomic weapons - Canadian policy,Ó RG25-A-3-b, vol. 5960, file 50219-AM-40, pt. 1.1, Library and Archives Canada (LAC). Creator An entity primarily responsible for making the resource Department of External Affairs Rights Information about rights held in and over the resource Canadian Crown Description An account of the resource Concerning remarks by Minister of National Defence concerning legislation which might affect the storing in Canada of nuclear weapons Publisher An entity responsible for making the resource available Canada Declassified Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource PDF Language A language of the resource en