The Secretary General of the International Civil Aviation Organization¹ has requested that negotiations be entered into between this Department and the ICAO Secretariat concerning a Headquarters Agreement between Canada and ICAO.

The Secretary General has suggested that the Canadian authorities enable him to place a draft agreement before the January meeting of the Council in preparation for approval by ICAO Assembly in Geneva in June.

It is assumed that by "Headquarters Agreement" ICAO means a "site" agreement similar to that made by the United States Government with the United Nations for the establishment of the seat of the United Nations in New York and the granting of various privileges and immunities.

The Legal Division, which until recently was the Division dealing with United Nations privileges, suggests that the request for negotiations is a reasonable one in principle. But, in view of the many complex questions which a Headquarters Agreement will raise not only in connection with federal law, but also with provincial and municipal law, it seems likely that the negotiations will, of necessity, be protracted and that it would not be possible for this Department to prepare a satisfactory draft in time for the January meeting of the ICAO.

An interim reply has been sent to the Secretary-General of ICAO to the effect that his request was under consideration. I should be glad if you would indicate your approval, or otherwise, of the following points:

1. That an official reply be sent to the Secretary-General of ICAO that the Canadian authorities are willing to enter into negotiations for a Headquarters Agreement. That, however, the Canadian Government will not be ready to submit a draft agreement this month as requested in Dr. Warner's² letter.

2. That the negotiations should consist of three phases:

(a) A draft Agreement, to be prepared by the Department. This draft to conform as closely as possible to the United States theory and practice; to outline the privileges which the Canadian Federal Government is prepared to extend, and to be approved by you and by interested Federal Departments.

(b) Consultations might then be held by the Department of External Affairs with the Province of Quebec and the City of Montreal (in two stages) on the basis of the draft agreement.

(c) Negotiations might then be undertaken by the Canadian Government with ICAO.

3. That a written reply be sent to the Secretary General of ICAO informing him that the Canadian Government agrees in principle to his Organization's request for a Headquarters Agreement, but that a draft Agreement will not be ready this month.³

L.B. PEARSON

¹Albert Roper

² Edward Warner, président, QACI/Edward Warner, President, ICAO.

³Note marginate :/Marginal note:
Yes. St. Laurent)