Mail to 25 July 1996
Excellency,
1. I have the honour to acknowledge receipt of Your Excellency's letter of 25 July 1996, which reads as follows:
"Excellency,
I have the honour to refer to the Memorandum of Understanding signed on July 24, 1991 between the Government of Canada (hereinafter called "CANADA") and the Association of South East Asian Nations (hereinafter called "ASEAN") concerning the Canada-ASEAN Cooperative Programme on Marine Science - Phase II (hereinafter called the "Project").
I wish to inform you that CANADA is agreeable to reflect into the Memorandum of Understanding the fact that it desires to support a change of scope and an extension to the Project.
I therefore propose the following modifications to certain terms and conditions of the Memorandum of Understanding.
1. Second WHEREAS of the Memorandum of Understanding is deleted and replaced by the following:
"WHEREAS the ASEAN countries (Brunei Darussalam, Indonesia, Malaysia, Philippines, Singapore, Thailand and Vietnam) have, through a collective agreement, decided to undertake the Project and have designated the Government of Brunei Darussalam as their representative for the purposes of this Memorandum of Understanding and the Minister for Foreign Affairs of the Republic of Indonesia, Chairman of the 29th ASEAN Standing Committee for the purpose of amending this Memorandum; "
2. Section 1.02 of Article I is amended by adding a paragraph d. to it:
"d. In respect of Vietnam, to be a subsidiary arrangement made pursuant to the General Agreement on Development Cooperation between the Governments of Canada and Vietnam, dated June 21, 1994. 3. The first three lines of the second paragraph of Section 5.01 of Article V are deleted and replaced by the following:
"The three studies will be executed by joint teams of ASEAN and Canadian marine science professionals. They will be carefully phased over the eight year period so that for instance the results of the environmental criteria study feed into the pollution monitoring and baseline measurement work." 4. Section 12.01 of Article XII is deleted and replaced by the following:
"Section 12.01
This Memorandum of Understanding shall come into force and effect on the date of signature and shall expire on the 31st day of January 1999. This Memorandum of Understanding may be amended from time to time, as deemed necessary, by mutual agreement by an exchange of letters." 5. These Amendments as set out in the preceding paragraphs of this letter shall be read and construed with the Memorandum of Understanding signed on July 24, 1991, and the Memorandum as hereby amended shall remain in full force and effect.
If the foregoing Amendments to the said Memorandum are acceptable to the Association of South East Asian Nations, the said Amendments shall come into force and effect from the date of your affirmative reply, and this letter together with your letter in reply shall constitute an agreement between the two parties.
2. I have the honour to confirm that Your Excellency's letter and this reply shall constitute an agreement on the amendments to the Memorandum of Understanding (MOU) for the Project "The Canada-ASEAN Cooperative Program on Marine Science - Phase II" (CPMS II), by which the CPMS II project is extended into January 1999 and Vietnam is included in the project, with the revised MOU entering into force on the date of this reply.
3. I avail myself of this opportunity to extend to Your Excellency the assurances of my highest consideration.
His Excellency Mr. Ali Alatas Minister for Foreign Affairs of the Republic of Indonesia and Chairman of the 29th ASEAN Standing Committee Excellency,
I have the honour to refer to the Memorandum of Understanding signed on July 24, 1991 between the Government of Canada (hereinafter called "CANADA") and the Association of South East Asian Nations (hereinafter called "ASEAN") concerning the Canada-ASEAN Cooperative Programme on Marine Science - Phase II (hereinafter called the "Project").
I wish to inform you that CANADA is agreeable to reflect into the Memorandum of Understanding the fact that it desires to support a change of scope and an extension to the Project.
I therefore propose the following modifications to certain terms and conditions of the Memorandum of Understanding.
1. Second WHEREAS of the Memorandum of Understanding is deleted and replaced by the following:
"WHEREAS the ASEAN countries (Brunei Darussalam, Indonesia, Malaysia, Philippines, Singapore, Thailand and Vietnam) have, through a collective agreement, decided to undertake the Project and have designated the Government of Brunei Darussalam as their representative for the purposes of this Memorandum of Understanding and the Minister for Foreign Affairs of the Republic of Indonesia, Chairman of the 29th ASEAN Standing Committee for the purpose of amending this Memorandum;"
2. Section 1.02 of Article I is amended by adding a paragraph d. to it:
"d. In respect of Vietnam, to be a subsidiary arrangement made pursuant to the General Agreement on Development Cooperation between the Governments of Canada and Vietnam, dated June 21, 1994."
3. The first three lines of the second paragraph of Section 5.01 of Article V are deleted and replaced by the following:
"The three studies will be executed by joint teams of ASEAN and Canadian marine science professionals. They will be carefully phased over the eight year period so that for instance the results of the environmental criteria study feed into the pollution monitoring and baseline measurement work."
4. Section 12.01 of Article XII is deleted and replaced by the following:
"Section 12.01
This Memorandum of Understanding shall come into force and effect on the date of signature and shall expire on the 31st day of January 1999. This Memorandum of Understanding may be amended from time to time, as deemed necessary, by mutual agreement by an exchange of letters." 5. These Amendments as set out in the preceding paragraphs of this letter shall be read and construed with the Memorandum of Understanding signed on July 24, 1991, and the Memorandum as hereby amended shall remain in full force and effect.
If the foregoing Amendments to the said Memorandum are acceptable to the Association of South East Asian Nations, the said Amendments shall come into force and effect from the date of your affirmative reply, and this letter together with your letter in reply shall constitute an agreement between the two parties.
Accept, Excellency, the renewed assurances of my highest consideration.
ON BEHALF OF THE GOVERNMENT OF CANADA
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