Weather Modification Agreement
Source: American Sovereign
Agreement Between the United States of America and
Canada Relating to the Exchange of Information on WEATHER MODIFICATION
Activities
The Government of the United States of America and the
Government of Canada, Aware, because of their geographic proximity,
that the effects of WEATHER MODIFICATION activities carried out by
either Party or its nationals may affect the territory of the other;
Noting the diversity of WEATHER MODIFICATION activities
in both the United States and Canada by private parties, by State and
Provincial authorities, and by the Federal Governments;
Believing that the existing state of knowledge warrants
the expectation of further development over a period of time in the
science and technology of WEATHER MODIFICATION;
Taking into particular consideration the special
traditions of prior notification and consultation and the close
cooperation that have historically characterized their relations;
Believing that a prompt exchange of pertinent
information regarding the nature and extent of WEATHER MODIFICATION
activities of mutual interest may facilitate the development of the
technology of WEATHER MODIFICATION for their mutual benefit;
Recognizing the desirability of the development of
international law relating to WEATHER MODIFICATION activities having
transboundary effects;
Have agreed as follows;
Article I: As used in this Agreement:
(a) "WEATHER MODIFICATION activities," means activities
performed with the intention of producing artificial changes in the
composition, behavior, or dynamics of the atmosphere;
(b) "WEATHER MODIFICATION activities of mutual interest"
means WEATHER MODIFICATION activities carried out In or over the
territory of a Party within 200 miles of the international boundary;
or such activities wherever conducted, which, in the judgment of a
Party, may significantly affect the composition, behavior, or dynamics
of the atmosphere over the territory of the other Party;
(c) "Responsible agencies" means the National Oceanic
and Atmospheric Administration of the United States and the
Atmospheric Environment Service of Canada, or such other agencies as
the parties may designate;
(d) "Reporting requirements" means the requirements
established by the domestic laws or regulations of the Parties for
reporting to the responsible agencies information relating to WEATHER
MODIFICATION activities by persons or entities engaged in WEATHER
MODIFICATION.
Article II:
(1) Information relating to WEATHER
MODIFICATION activities of mutual interest acquired by a responsible
agency through its reporting requirements or otherwise, shall be
transmitted as soon as practicable to the responsible agency of the
other Party. Whenever possible, this information shall be transmitted
prior to the commence of such activities. It is anticipated that such
information will be
transmitted within five working days of its receipt by a responsible
agency.
(2) Information to be provided by the responsible
agencies shall include copies of relevant reports received through the
reporting procedures after the effective date of this Agreement, and
such other information and interpretation as the responsible agency
might consider appropriate.
(3) Nothing herein shall be construed to require
transmission to the other responsible agency of information, the
disclosure of which is prohibited by law, or of information which, in
the judgment of the responsible agency, is proprietary information.
Article III: The responsible agencies shall consult with
a view to developing compatible reporting formats, and to improving
procedures for the exchange of information.
Article IV: In addition to the exchange of information
pursuant to Article II of this Agreement, each Party agrees to notify
and to fully inform the other concerning any WEATHER MODIFICATION
activities of mutual interest conducted by it prior to the commence of
such activities. Every effort shall be made to provide such notice as
far in advance of such activities as may be possible, bearing in mind
the provisions of Article V of this Agreement.
Article V: The Parties agree to consult, at the request
of either Party, regarding particular WEATHER MODIFICATION activities
of mutual interest. Such consultations shall be initiated promptly on
the request of a Party, and in cases of urgency may be undertaken
through telephonic or other rapid means of communication.
Consultations shall be carried out in light of the Parties’ laws,
regulations, and administrative practices regarding WEATHER
MODIFICATION.
Article VI: The Parties recognize that extreme
emergencies, such as forest fires, may require immediate commence by
one of them of WEATHER MODIFICATION activities of mutual interest
notwithstanding the lack of sufficient time for prior notification
pursuant to Article IV, or for consultation pursuant to Article V. In
such cases, the Party commencing such activities shall notify and
fully inform the other Party as soon as practicable, and shall
promptly enter into consultations at the request of the other Party.
Article VII: Nothing herein relates to or shall be
construed to affect the question of responsibility or liability for
WEATHER MODIFICATION activities, or to imply the existence of any
generally applicable rule of international law.
Article VIII: Each Party shall conduct an annual review
of this Agreement while it remains in force, and shall inform the
other of its views regarding the Agreement’s operation and
effectiveness and the desirability of its amendment to reflect the
evolution of the science and technology of WEATHER MODIFICATION and of
international law. The Parties shall meet periodically, by mutual
agreement, or at the request of either, to review the implementation
of this Agreement or to consider other issues related to WEATHER
MODIFICATION.
Article IX: This Agreement shall enter into force upon
signature. It may be amended by mutual agreement of the Parties and
may be terminated by either Party upon six months written notice to
the other Party.
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