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                  <text>Document disclosed under the Access to Information Act - ^ B
Document divulgue en vertu de la Loi sur I'acces a I'information

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The Chairman of the Canadian Section r e c a l l e d t h a t the Canadian
draft note on t h i s subject had been submitted to the State Department
on October 6S 1959&lt;&gt; United S t a t e s comments and suggested r e v i s i o n s
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(EXCEPT WHERE OTHERWISE INDICATED)

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001253

�Document disclosed under the Access to lnfor(n($iQ$7tt
Document divulgue en vertu de la Loi sur I'acces a I'informt

S E C R E T
(EXCEPT WHERE OTHERWISE INDICATED)
iiad been received in Ottawa only immediately prior to the departure
of the Canadian Section.

It was, therefore, not possible as yet to

comment formally on the proposed revisions. From a cursory
examination of the United States revised draft note, however, it
appeared that the proposed changes relate primarily to three important
points and will cause difficulty.

The Canadian government had

envisaged that arrangements for physical security would be a joint
responsibility.

Canadian authorities had envisaged two circles - an

inner circle, protected by the United States and an outer circle by
Canadian forces. Precise arrangements had not yet been worked out
in the minds of Canadian authorities, especially as regards leaded
areas in which the problem would be more complicated.
The Chairman of the Canadian Section said that he anticipated
further difficulty arising from the fact that the United States found
it necessary to add the word "custody" in paragraph h of the draft
Annex of Conditions of the notes. Canadian authorities had hoped
that the word "ownership" would have satisfied United States legal
requirements. The Canadian Government wishes to emphasize the need
for joint control of these weapons when they are stored on Canadian
soil.

Also the Canadian Government's firm view is that the use of

nuclear weapons is a matter of high policy and that decisions regarding
them should be referred, whenever feasible, to the highest level on
each side. Finally, the Chairman of the Canadian Section said that
the United States proposed revision rf or paragraph 6 would also give
rise to difficulty.
The State Department Member confirmed that the suggested United
States revisions to the Canadian draft note had been given to the
Canadian Embassy dh January l*f, i960. From informal discussions at
that time with Canadian representatives, it became apparent that
further effor|j| would be required to work out,mutually acceptable
language for the paragraphs cited by the Chairman of the Canadian
Section.

Of particular concern to United States authorities is the
S E C R E T
(EXCEPT WHERE OTHERWISE INDICATED)

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�Document disclosed under the Access to Information Acf Document divulgue en vertu de la Loi sur I'acces a /'information

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(EXCEPT WHERE OTHERWISE INDICATED)
need for language which will both meet the requirements„of United
States law and allow CINCNORAD to act quickly in accordance with
previously approved plans and procedures. There is no question but
that the United States fully recognizes Canadian sovereignty and the
responsibility of the Canadian Government for the safety and welfare
of its people.
As regards the proposed use of the word "custody" in paragraph
*+, of the draft Annex, United States authorities had not supposed the
Canadian Government would find difficulties with regard to this word
in view of the statement on nuclear storage by the Canadian Prime
Minister before Parliament on February 20, 19599 in which he said,
"Believing that the spread of nuclear weapons at the
independent disposal of individual nations should be
limited, we consider that it is expedient that ownership
and custody of the nuclear warheads should remain with
the United States. The requirements of Canadian and
United States legislation on atomic energy will continue
to apply, and there will be no change in Canada's
responsibility to regulate all flights of aircraft over
Canadian territory."
The State Department Member mentioned that a basic problem in an
agreement of this type is that the United States has a number of
agreements with other NATO countries and it would be difficult to
deviate greatly from principles under which those agreements were
worked out.
In conclusion the State Department Member said he earnestly hoped
it would be possible to reach agreement on this subject at an early
date.
The Chairman of the Canadian Section said that the Canadian
Government is also anxious to conclude this agreement at an early date,
and that it recognizes the absolute necessity of not doing anything to
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(EXCEPT WHERE. OTHERWISE INDICATED)
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001255 —

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�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a I'information

S E C R E T
(EXCEPT WHERE OTHERWISE INDICATED)
impede prompt action in an emergency.

It also recognizes United

States policy of not favoring the spread of independent possession
of nuclear weapons and is hopeful that a mutually satisfactory
formula can'be: worked out..A
The United States Air Force Member said that the United States
Air Force was anxious to see the agreement concluded so that the
project could get underway and would be pleased to assist in any
possible way*

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              <text>"Continental defence - Atomic capability," RG25-A-3-b, vol 5930, file 50210-F-40, part 5.1, Library and Archives Canada (LAC).</text>
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