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13070 Canada - Agreement for the Establishment of a Bi-National Educational Exchange Foundation


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13070

 

 

EDUCATION

 

 


Agreement Between the
UNITED STATES OF AMERICA
and CANADA

 

Signed at Washington November 15, 1999

and

Amending Agreement

Effected by Exchange of Notes
Dated at Ottawa July 29, 2003

 

 


 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

CANADA

Education

Agreement signed at Washington November 15, 1999;
Entered into force November 15, 1999.
And amending agreement.
Effected by exchange of notes
Dated at Ottawa July 29, 2003;
Entered into force July 29, 2003.

AGREEMENT
BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF CANADA
FOR THE ESTABLISHMENT OF A BINATIONAL
EDUCATIONAL EXCHANGE FOUNDATION
THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND
THE GOVERNMENT OF CANADA,
RECOGNIZING that a large number and variety of educational exchanges and
visits are already carried out between the two countries;
DESIRING to continue these exchanges and visits as well as to develop a specific
program whose principal objective is to encourage further mutual understanding between
the peoples of the United States of America and of Canada through educational exchanges;
and
CONSIDERING the mutual benefit derived from such programs and the desire
of the two Governments to encourage additionally the financing and operating of such
programs for the further strengthening of cooperative relations between the two countries;
HAVE agreed as follows:
-2-
ARTICLE I
Purpose
The purpose of this Agreement is to increase understanding between Canada and
the United States of America by providing opportunities for educational exchanges
between Canadian and American post-doctoral scholars as well as graduate
students.
For that purpose, a Foundation is established with juridical personality under
Canadian law, known as the Foundation for Educational Exchange between
Canada and the United States of America (hereinafter referred to as "the
Foundation"). It shall be financed by funds contributed by the two Governments
and by funds received from private sources in the two countries.
The Foundation shall enjoy autonomy of management and administration, subject
to the provisions of this Agreement.
The Foundation, its assets and income shall be exempt from taxes to the extent
provided by the Internal Revenue Code of the United States ("the Code") and the
U.S.-Canada Income Tax Convention ("the Convention"). Contributions to the
Foundation shall be deductible to the extent provided in the Code and the
Convention.
ARTICLE 2
Scope of Activities
The Foundation shall, for the purpose of this Agreement
a) plan, adopt and carry out educational exchange programs in the fields related
to American studies in Canada, Canadian studies in the United States, or the
relationship between the two countries;
-3-
b) develop a comprehensive proposal for Foundation programs each fiscal year,
detailing their scope for the following year, the academic areas of
concentration, types of grants, and similar general guidelines;
c) authorize the making of grants and the disbursement and the advancement
of funds necessary for the carrying out of programs;
d) conduct an active fund-raising program, through the Executive Director and
members of the Board, with the aim of providing not only on-going
operating funds but also an endowment, the income from which would be
devoted to the support of the purposes described in paragraph a) of this
Article. The members of the Board shall abide by the laws of the two
Governments with regard to their participation in the solicitation and
acceptance of donations;
e) acquire, hold and dispose of property in the name of the Foundation as its
Board may consider necessary or desirable, provided, however, that the
acquisition and disposal of any real property shall be subject to the prior
approval of the two Governments;
f) administer or assist in administering or otherwise facilitate the
implementation of educational exchange programs that contribute to
achieving the purposes of this Agreement but are not financed by funds
made available under the Agreement, provided that no objection is
interposed by either Government to the Foundation's role therein. Such
programs and the Foundation's role therein shall be fully described in the
annual or special reports referred to in Article VII, paragraph 1; and
g) prepare all documents in English and in French.
ARTICLE 3
Implementation - Canada
The Foundation shall, for the purpose of this Agreement:
-4-
a) prepare each year an announcement of and application instructions for a
national public competition in Canada, setting forth the details of the
program for a particular year, including procedures for the distribution and
submission of applications to the Foundation for consideration by its Board
and/or review bodies which it may designate; and
b) transmit to the appropriate universities and other institutions of higher
learning in Canada the nominations of candidates who are citizens or
nationals of the United States of America for studies, research, instruction
and other educational activities in Canada; these nominations shall be made
on the basis of a national, public competition in the United States organized
by agencies authorized for this purpose.
ARTICLE 4
Implementation - the United States
The Foundation shall, for the purpose of this Agreement
a) recommend to the J. William Fulbright Foreign Scholarship Board of the
United States of America students, trainees, scholars, teachers, instructors
and professors who are citizens or nationals of Canada for participation in
programs as it may deem necessary for achieving the purposes of this
Agreement; and
b) in the budgeting and accounting of funds and in financial reporting to the
United States Government, follow the Manual for Binational Commissions,
originally prepared by the United States Information Agency.
ARTICLE 5
The Board
1. The principal office of the Foundation shall be in Ottawa.
-5-
2. The Foundation shall be governed by a Board consisting of twenty members, ten of
whom shall be citizens or nationals of the United States of America and ten of
whom shall be citizens or nationals of Canada.
3. A Chairperson shall be elected by the Board from its own membership for a period
of service of one year, provided that the Chair shall be assumed alternately by an
American and a Canadian member. Other officers shall be elected by and from the
Board to include, at a minimum, a Treasurer.
4. Each member of the Board shall have one vote, except as qualified in paragraph 5,
below. Decisions of the Board shall be made by a majority of the votes cast. The
Chairperson shall cast a second and deciding vote in the event of a tie vote by the
Board.
5. The Ambassador or the Chargé d'Affaires ad, of the United States of America to
Canada shall be an ex officio, non-voting member of the Board. If the Ambassador
is unable to attend a given Board meeting, he/she may appoint a representative.
The other nine American members shall be appointed and may be removed by the
Ambassador or Chargé d'Affaires a.i. of the United States of America to Canada.
At least one of the other nine American members shall be an officer of the
diplomatic mission of the United States of America to Canada. The Ambassador or
the Charge d'Affaires ad. of Canada to the United States of America shall be an ex
officio, non-voting member. If the Ambassador is unable to attend a given Board
meeting, he/she may appoint a representative. The other nine Canadian members
shall be appointed and may be removed by the Minister of Foreign Affairs. At least
one of the other nine Canadian members shall be an official of the Government of
Canada. The remaining members of the Board shall be drawn from the educational,
corporate, and professional communities in the two countries.
6. The non-governmental members shall be appointed for three-year terms and shall
be eligible for reappointment. However, no member shall serve for more than six
consecutive years. Terms will commence on January 1 and end on December 31.
Vacancies by reason of resignation, expiration of service or otherwise, shall be filled
in accordance with the preceding paragraph for the balance of the term remaining.
7. The members shall serve without compensation, but the Board may defray the
necessary expenses of the members in attending the meetings of the Foundation
-6-
and in performing other official duties arranged by the Board.
8. The members shall engage in fund-raising and program development to increase the
number and diversity of Canada-U.S. Fulbright exchange opportunities. Priorities
for Board members include raising money to support Fulbright awards and other
exchange program activities of the Foundation, promoting the U.S.-Canada
Fulbright program, extending the recognition of the Fulbright program, and
expanding the impact of educational exchange between Canada and the United
States. The members shall abide by the laws of the two Governments with regard
to their participation in the solicitation and acceptance of donations.
ARTICLE 6
Administration
1. The Board shall engage an Executive Director and an administrative and derical
staff, fix and pay the salaries and wages thereof, and incur such other expenses as
may be necessary for the administration of the Foundation.
2. The Board shall engage such by-laws and appoint committees as it may deem
necessary for the conduct of the affairs of the Foundation.
3. Meetings of the Board shall be held two times each year, once in Canada and once
in the United States. Board meetings may be held in Washington and Ottawa, but
the Board shall also meet to fulfill its fund-raising and program development goals
in other locations in Canada and the United States. Committees of the Board may
meet, if required, but most committee transactions shall be accomplished by
conference call.
4. Robert's Rules of Order shall govern the proceedings of the Board.
-7-
ARTICLE 7
Program and Financial Reporting
1. Annual program and financial reports shall be made on the Foundation's activities
to the two Governments. Such annual reports shall be made in such form, and
cover such content, as may be required by the two Governments. Special reports
may be made at the discretion of the Foundation or at the request of either
Government.
2. Periodic audits of the accounts of the Foundation, to be made by an auditor
selected jointly by the Board, shall be submitted to the two Governments. If
so requested by either of the two Governments, the Foundation shall also permit
auditing of its accounts by representatives of either or both Governments.
3. The Board shall submit its annual program proposal as described in Article II,
paragraph b) to the two Governments for review and approval.
4. The two Governments shall, within the limits of their respective budgetary
appropriations for this purpose and taking into account funds donated by other
sources or income therefrom, make contributions to the Foundation. The use of
contributions from both Governments shall be for purposes authorized by their
respective laws.
5. All commitments, obligations and expenditures to be authorized by the Board shall
be subject to the annual budget of the Foundation.
ARTICLE 8
Facilitation
The two Governments shall make every effort to facilitate the work of the Foundation
within the terms of the Agreement.
-8-
ARTICLE 9
Duration
1. This Agreement shall enter into force upon signature and shall remain in force for
ten years. It may be extended for additional 10-year periods pursuant to written
agreement between the Governments. The Foundation shall exist for as along as
the Agreement remains in force.
2. This Agreement may be amended by the exchange of diplomatic notes between the
Governments.
3. Either Government may give written notice to the other of its intention to
terminate this Agreement, in which case the Agreement shall terminate thirty (30)
days after the end of the first calendar year that begins following the date of such
notice; but such notice shall not extend the ten-year period, if termination would
otherwise occur.
4. Upon termination of the Agreement, funds and property of the Foundation
remaining after the return of private unexpended contributions to private donors
shall be divided between the two Governments in proportion to their respective
contributions to the Foundation, and become the property of the Governments,
subject to such conditions, limitations and liabilities as may have been imposed
thereon prior to the termination of the Agreement.
5. The Agreement Between the Government of the United States of America and the
Government of Canada for the Establishment of a Binational Educational
Exchange Foundation, signed on February 13, 1990, is hereby superseded on the
date this Agreement enters into force.
- 9 -
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective
Governments, have signed this Agreement.
DONE at Washington, this fifteenth day of November, 1999, in duplicate, in the English
and French languages, both texts being equally authentic.
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA: CANADA:
Department of Foreign Affairs
and International Trade
Ministère des Affaires étrangères
et du Commerce international
CANADA
Ottawa, July 29, 2003
No. ACE-0044
Excellency,
I have the honour to refer to recent discussions that have taken place between
representatives of our two governments regarding amendments to the Agreement between the
Government of Canada and the Government of the United States of America for the
Establishment of a Binational Educational Exchange Foundation, signed by the Government of
Canada and the Government of the United States of America on November 15, 1999, for a period
of ten years.
It is the proposal of the Canadian government to amend the Agreement in the following
manner:
Article 1.1 shall now read:
1. The purpose of this Agreement is to increase mutual understanding between
Canada and the United States of America by providing opportunities for
educational exchanges between Canadian and American students, scholars, and
researchers.
Article 2 a) shall now read:
a) plan, adopt and carry out educational exchange programs in areas that promote
mutual understanding between the two countries and, in particular, in fields
related to American studies in Canada, Canadian studies in the United States, or
the relationship between the two countries;
His Excellency Paul Cellucci
Ambassador of the United States of America
Ottawa
.../2
- 2 -
If the foregoing proposal is acceptable to the Government of the United States of
America, I have the further honour to propose that this Note, which is authentic in English and
French, and your Note in reply indicating such acceptance, constitute an agreement between our
two governments, which shall enter into force on the date of your Note in reply.
Accept, Excellency, the assurances of my highest consideration.
Michael Brock
Director General
International Cultural Relations Bureau
EMBASSY OF THE
UNITED STATES OF AMERICA
No. 647
The Embassy of the United States of America presents its compliments to the
Department of Foreign Affairs and International Trade and has the honor to refer to the
Department's Note No. ACE-0044 of July 29, 2003, proposing that Article 1, paragraph
1, and Article 2a) of the Agreement Between the Government of the United States of
America and the Government of Canada for the Establishment of a Binational
Educational Exchange Foundation, signed November 15, 1999, be amended to read as
follows:
Article 1, paragraph 1. The purpose of this Agreement is to increase mutual
understanding between Canada and the United States of America by providing
opportunities for educational exchanges between Canadian and American
students, scholars and researchers.
Article 2 a). plan, adopt and carry out educational exchange programs in areas
that promote mutual understanding between the two countries and, in particular,
in fields related to American studies in Canada, Canadian studies in the United
States, or the relationship between the two countries;
The Embassy of the United States confirms that the proposals of the Government
of Canada are acceptable to the United States Government and that this exchange of notes
shall constitute an agreement between the Governments which shall enter into force on
the date of this Note.

The Embassy of the United States of America avails itself of this opportunity to
renew to the Department of Foreign Affairs and International Trade the assurances of its
highest consideration.
Embassy of the United States of America
Ottawa, Canada, July 29, 2003



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