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68 Australia-Canada Mutual Aid Agreement



OTTAWA, 9 March 1944

AGREEMENT BETWEEN THE GOVERNMENTS OF CANADA AND THE COMMONWEALTH
OF AUSTRALIA ON THE PRINCIPLES APPLYING TO THE PROVISION BY CANADA
OF CANADIAN WAR SUPPLIES TO THE COMMMONWEALTH OF AUSTRALIA UNDER
THE WAR APPROPRIATION (UNITED NATIONS MUTUAL AID) ACT OF CANADA
1943

Whereas Canada and the Commonwealth of Australia are associated in
the present war, and
Whereas it is desirable that war supplies should be distributed
among the United Nations in accordance with strategic needs of the
war and in such manner as to contribute most effectively to the
winning of the war and the establishment of peace, and
Whereas it is expedient that the conditions upon which such war
supplies are made available by one United Nation to another should
not be such as to burden post-war commerce, or lead to the
imposition of trade restrictions or otherwise prejudice a just and
enduring peace, and
Whereas the Governments of Canada and the Commonwealth of
Australia are mutually desirous of concluding an agreement in
regard to the conditions upon which Canadian war supplies will be
made available to the Commonwealth of Australia,
The Undersigned, being duly authorized by their respective
Governments for the purpose, have agreed as follows:-

ARTICLE I
The Government of Canada will make available under the War
Appropriation (United Nations Mutual Aid) Act of Canada, 1943, to
the Government of the Commonwealth of Australia such war supplies
as the Government of Canada shall authorize from time to time to
be provided.

ARTICLE II
The Government of the Commonwealth of Australia will continue to
contribute to the defence of Canada and the strengthening thereof
and will provide such articles, services, facilities or
information as it may be in a position to supply and as may from
time to time be determined by common agreement in the light of the
development of the war.

ARTICLE III
The Government of the Commonwealth of Australia will, in support
of any applications to the Government of Canada for the provision
of war supplies under this agreement, furnish the Government of
Canada with such relevant information as the Government of Canada
may require for the purpose of deciding upon the applications and
for executing the purposes of this agreement.

ARTICLE IV
The Government of the Commonwealth of Australia agrees to use any
war supplies delivered to it under this agreement in the joint and
effective prosecution of the war.

ARTICLE V
The Government of the Commonwealth of Australia will not with-out
the consent of the Government of Canada sell to any other
Government or to persons in other countries war supplies delivered
to it under this agreement.

ARTICLE VI
The Government of Canada will not require the Government of the
Commonwealth of Australia to re-deliver to the Government of
Canada any war supplies delivered under this agreement except as
specifically provided in Articles VII and VIII and subject to any
special agreement which may be concluded in the circumstances
contemplated in Article IX.

ARTICLE VII
Title to any cargo ships delivered under this agreement will
remain with the Government of Canada and the ships shall be
chartered to the Government of the Commonwealth of Australia on
terms providing for their re-delivery.

ARTICLE VIII
Upon the cessation of hostilities in any major theatre of war, any
war supplies which have been transferred to the Government of the
Commonwealth of Australia under this agreement and are still in
Canada or in ocean transit shall revert to Canadian ownership,
except those supplies destined for a theatre of war in which
hostilities have not ceased or supplies made available for relief
purposes or such other supplies as the Government of Canada may
specify.

ARTICLE IX
The Government of Canada reserves the right to request:

(a) the delivery, after the cessation of hostilities in any
theatre of war, for relief and rehabilitation purposes, to another
United Nation or to an international organization, of automative
equipment supplied under this agreement;

(b) the transfer to Canadian forces serving outside Canada after
the cessation of hostilities of vehicles, aircraft, ordnance or
military equipment supplied under this agreement to the Government
of the Commonwealth of Australia if such war supplies are required
for the use of such Canadian forces and are not required by the
Government of the Commonwealth of Australia for military
operations; and

(c) the return to Canada after the war, if required in Canada for
Canadian purposes, of aircraft and automative equipment supplied
under this agreement which may still be serviceable, due regard
being had to the degree of wastage likely to have been suffered by
these articles, provided that when the identity of such Canadian
equipment has been lost as a result of pooling arrangements or for
other reasons, the Government of the Commonwealth of Australia may
substitute equipment of a similar type.

The Government of the Commonwealth of Australia agrees to use its
best endeavours to meet any such requests on such reasonable terms
and conditions as shall be settled in consultation with the
Government of Canada.

ARTICLE X
The Governments of Canada and the Commonwealth of Australia re-
affirm their desire to promote mutually advantageous economic
relations between their countries and throughout the world. They
declare that their guiding purposes include the adoption of
measures designed to promote employment, the production and
consumption of goods, and the expansion of commerce through
appropriate international agreements on commercial policy, with
the object of contributing to the attainment of all the economic
objectives set forth in the Declaration of August 14th, 1941,
known as the Atlantic Charter.

ARTICLE XI
This agreement will take effect as from this day's date. it shall
apply to war supplies furnished to the Government of the
Commonwealth of Australia by the Government of Canada under the
authority of the War Appropriation (United Nations Mutual Aid) Act
of Canada, 1943, or substituted Act, including supplies furnished
under the said Act before the conclusion of this agreement. it
shall continue in force until a date to be agreed upon by the two
Governments.
Dated at Ottawa, this ninth day of March, nineteen hundred and
forty-four.
Signed for and on behalf of
the Government of the
Commonwealth of Australia T. W. GLASGOW
Signed for and on behalf of
the Government of Canada W. L. MACKENZIE KING
C. D. HOWE






[FA:AUSTRALIAN TREATY COLLECTION]

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