https://declassified.library.utoronto.ca/files/original/093a4beadeb368ab471b372d7a1c4a15.pdf 56312299e888fb6876418496665c177e PDF Text Text Document disclosed under the Access to Information Act v- <L D o ^^,^^v/^^.eBi'^»d«t^5/ swJacc^rfinformation^ DEPARTMENT OF EXTERNAL AFFAIRS Ifa MEMORANDUM * i- SS Le TO* FROM • D -^iAaJv^X^ y\ f j V TDv^ fl/lh f , f - — A - ]. w , f f&lPATf.S.*?P.. .A. C/Oa7e/.f....Qko^._??.1557.*.... i f£??£?. £A?£.??£ S^X REFERENCE: Tel?2&Pfl?. P.99.v?r.S^ti<?pw MV~. K<W& flflA 5^ iFi^(& - ^4 Mr t . Cirepauit . SUBJECT: . .?AWftf& .fWT. Atfflfettrtnwft.ft*'.WW. .stacfcpAlfis.. P^ . J&wLaw. .Vespers. At the seme time as Oanadian o f f i c i a l s have "been considering the need to amend Canadian l e g i s l a t i o n to allow the establishment i n Canada of stockpiles of nuclear vreapons, i t has been queried whether the implementation of such a proposal would i n fact be possible without also some amendments to the relevant United States l e g i s l a t i o n . As you know, i t has been understood in the NATO Council, when the supply of nuclear weapons t o the" HATO a l l i e s was discussed, that p r i o r changes t o existing United States l e g i s l a t i o n would be necessary* Mr. Dulles was l e s s s p e c i f i c , however, a t h i s press conference i n Washington on J u l y l 6 , and may have raised some doubts about whether such amendments t o the United States l e g i s l a t i o n were required . In the brief on NATO stockpiles prepared by t h i s division on July 26 for the guidance of t h e Prime Minister i n h i s meetings with the U.S. Secretary of S t a t e , the following statement was included: "The United States Secretary of State has explained t h a t the United S t a t es had at present no specific program for carrying out the proposal, and indicated that i n any case congressional sanction would probably be necessary before one could be worked out and implemented. The United States Atomic Energy Act might also require amendments, since i t permits at present a supply of nuclear weapons to a l l i e s of the United States only a f t e r war has broken o u t . . . . " 2. I t may be convenient to have available the actual text of the relevant ^ n i t e d States l e g i s l a t i o n on t h i s s c o r e . I t would seem that t h e p o s i t i o n 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 Nations <— No cooperation with any nation or regional defence organization pursuant to section 53(C), 57(B), or lUh- of t h i s A6t s h a l l be undertaken u n t i l — " a , t h e Commission has approved the provisions of t h e proposed agreement for cooperation, which proposed agreement s h a l l include . (1) t h e 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 w i l l be maintained; 000464 �Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a I'information CONFIDENTIAL 1 (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 any other military purposes; and \. (4) the right of the United States to terminate the agreement and recall eny materials furnished if in the opinion of the President the cooperating party fails 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 States:" 3, Canada, like the United Kingdom, enjoys the advantages of the kind of "agreement for cooperation" (pivisaged in Section 123 of the 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 a,s follows: Article H i "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 States Atomic Energy Act of 195^ and- &W subsequent applicable United States legislation. All transfers of atomic information to the United States by Canada pursuant to this Agreement -will be made in compliance with the Atomic Energy Control Act and the Atomic Energy Regulations of 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 are defined in Section 11 d. and Section 11 t, of the United States Atomic Energy Act of 1954." l+„ On the basis of these texts, it seems most unlikely that the United States authorities could proceed with the implementation of the proposal for NATO stockpiles of nuclear weapons until end unless suitable amendments are made to their present Atomic Energy legislation. Defence Liaison (1) Division cc D.L.(2) and Economic Div. U.N. Division (Mr. Campbell) USSEA's Office 000465 � 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 CDNW02243 Title A name given to the resource Memorandum to Legal Division from Defence Liaison (1) Date A point or period of time associated with an event in the lifecycle of the resource 02-Oct-57 Source A related resource from which the described resource is derived �NATO - Stockpiling of atomic weapons in NATO countries,� RG25-A-3-b, vol. 5958, 50219-AL-1-40, 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 Subject The topic of the resource atomic cooperation, NATO, nuclear weapons, Europe Description An account of the resource Proposal for establishment of NATO stockpiles 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