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:
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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;
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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:
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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.
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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
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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.
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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.
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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.
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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
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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