Canada-Australia Consular Services Sharing Agreement

• Exchange of Notes between the Government of Canada and the Government of Australia constituting an Agreement concerning the Sharing of Consular Services Abroad
• Memorandum of Understanding between Foreign Affairs and International Trade Canada and the Australian Department of Foreign Affairs and Trade concerning the Sharing of Consular Services
• SCHEDULE

Exchange of notes between the Government of Canada and the Government of Australia constituting an Agreement concerning the sharing of consular services abroad

I

Vancouver, August 7, 1986

Sir,

       I have the honour to refer to discussions between representatives of the Department of External Affairs of Canada and the Department of Foreign Affairs of Australia (referred to as the "Implementing Departments") regarding the sharing of consular services abroad.

       In accordance with those discussions I have the honour to inform you that the Government of Canada proposes the following:

1. Each Implementing Department shall provide such consular services to nationals of the other country in such certain locations and under such conditions as are mutually arranged from time to time in a Memorandum of Understanding concluded between the Implementing Departments.

2. For the purpose of the Crown Liability Act, Australian personnel acting for Canada under the Memorandum of Understanding shall be considered as acting as agents for the Government of Canada.

3. In the event that a claim is made against either Government or its personnel arising out of the performance of this Agreement:

(a)  the Government which obtains notice of this claim shall promptly inform the other Government; and

(b) the two Governments shall consult at the request of either with a view to the defence or settlement of the claim; and

(c)  each Government shall render all reasonable assistance to the other Government in the defence or settlement of the claim.

4. The Government on whose behalf the other Government or its personnel are acting shall indemnify the other Government and its personnel against all financial loss, damages and costs in consequence of the defence, settlement or payment of any claim against the other Government or its personnel arising out of the performance of this Agreement and shall generally hold such other Government and its personnel harmless. The obligation under this paragraph shall not apply to punitive or exemplary damages against the other Government or its personnel.

I have the honour to propose that if these proposals are acceptable to the Government of Australia, this Note, which is authentic in English and French, and your reply to that effect shall together constitute an Agreement between our two Governments which shall enter into force on the date of your reply.

Accept, Sir, the renewed assurances of my highest consideration.

Joe Clark
Secretary of State
for External Affairs

The Honourable Bill Hayden, M.P.,
Minister for Foreign Affairs of Australia

II

Australian Ministry of
Foreign Affairs

Vancouver, August 7, 1986

Note No: 7586

Sir,

       I have the honour to acknowledge receipt of your Note of August 7, 1986 the English text of which reads as follows:

[Here follows text of Note I]

       I have the honour to confirm that the contents of your Note are acceptable to the Government of Australia and that your Note and this reply shall together constitute an Agreement between our two Governments which shall enter into force on the date of this reply.

Accept, Sir, the renewed assurances of my highest consideration.

Bill Hayden
Minister for Foreign Affairs

The Right Honourable Joe Clark, P.C., M.P.,
Secretary of State for External Affairs of Canada

Memorandum of Understanding between the Department of Foreign Affairs,  Trade and Development of Canada and the Department of Foreign Affairs and Trade of Australia concerning the Sharing of Consular Services

Having regard to the Exchange of Notes of August 7, 1986 constituting an Agreement between the Government of Australia and the Government of Canada concerning the sharing of consular services abroad, and recognizing the similar philosophies underlying the provision of consular services to their respective nationals as well as the benefits flowing from cooperation in consular matters, the Department of Foreign Affairs, Trade and Development of Canada (DFATD) and the Department of Foreign Affairs and Trade (DFAT) of Australia have reached the following understanding on consular services to be provided to their respective nationals, points of service and other applicable conditions detailed below.

Scope

1) In the interest of providing consular protection and assistance to the citizens of Canada and Australia travelling or resident in consular areas specified in the Schedule to this Memorandum of Understanding (referred to as "the specified consular areas") where there is not a consular officer of their own country, the missions of the other country specified in the Schedule of this Memorandum of Understanding (referred to as "the responsible missions:) will extend to the citizens of the other country the consular services specified in paragraph 5 (referred to as "the specified consular services").

2) Each Department will assume the costs of its own administration including communications, salaries, travel and overtime costs of both headquarters and locally-engaged mission personnel, but will reimburse the other Department of funds provided to, or expended on behalf of, consular clients as part of the specified consular services. The Supervising Mission concerned will reimburse the relevant Mission of the other country as soon as possible for the amounts in question. Consequently, Departments will not seek reimbursement direct from citizens of the other country.

3) The Department providing specified consular services will levy fees as required by its own regulations and will retain such fees.

Responsible missions, specified consular areas and supervising missions

4) The responsible missions of each Department together with the specified consular areas for which they are responsible and the supervising missions of the other Department are set out in the Schedule to this Memorandum of Understanding.

Specified consular services

5) The specified consular services extended under this Memorandum of Understanding will be the following:

a) intervention in the case of arrest or detention;

b) intervention to assist victims of crime and/or accidents;

c) assistance on international child abduction/custody cases;

d) relief, financial assistance and repatriation (services provided on a recoverable basis), including intervention in the case of deportation;

e) assistance in the case of illness and hospitalization, including arrangements for the payment of medical and hospital accounts (services provided on a recoverable basis);

f) issue of emergency travel documents in accordance with paragraphs 8 and 10;

g) assistance with arrangements regarding the deaths of citizens including local burial or shipments of the remains;

h) assistance relating to lost or stolen property enquiries;

i) assistance relating to local enquiries regarding the whereabouts of nationals of the other country;

j) assistance relating to crisis management;

k) local registration of nationals of the other country;

l) retention of private mail on behalf of travelling citizens, if the responsible mission already does this for its own citizens;

m) passing on requests for information and services not covered in subparagraphs (a) to (l) to the supervising mission; and

n) reporting monthly to respective Departments statistics showing time spent on items (a) to (k) and including general inquiries received by telephone or over the counter.

These services will be provided in accordance with the provisions and administrative financial regulations of each Department, as set forth in paragraphs 19, 20 and 21.

6) Services which will not be included in this Memorandum of Understanding are the issuance of regular passports or of visas of any kind, legal or notarial acts, assistance in extradition cases, administration of the estates of citizens, registration of deaths, invigilation of examinations and the provision of specific information on any matter other than that pertaining to those consular services set out in paragraph 5.

Emergency travel documents

7) When directed by the Canadian supervising mission the Australian responsible mission will issue Canadian "Emergency Passports" to Canadian citizens effective only for a limited time and for the purpose of travelling to Canada or to the nearest Canadian mission.

8) When directed by the Australian supervising mission the Canadian responsible mission will issue "Australian Documents of Identity" to Australian citizens effective only for a limited time and for the purpose of travelling to Australia or to the nearest Australian mission.

9) DFATD will deposit an accountable number of Canadian "Emergency Passports" with each Australian responsible mission. DFAT will deposit an accountable number of "Australian Documents of Identity" with each Canadian responsible mission.

10) DFATD will inform DFAT of the names of the Canadian Consular Officers at each Canadian responsible mission who it is proposed will issue "Australian Documents of Identity" so that DFAT may designate such persons to carry out that function.

Crisis management

11) Both departments recognise the value and importance of contingency planning and crisis management, and the opportunities presented by bilateral cooperation in this area.  Both departments have mutually decided that:

(i) each responsible mission will account for both Canadian and Australian citizens in their emergency plans for the schedule of countries under this MOU;

(ii) the responsible mission will  share these emergency plans with the appropriate supervising mission; and

(iii) the responsible and supervising missions will foster an ongoing dialogue on contingency planning whereby their roles and responsibilities as they relate to the emergency plans are clarified and updated as needed.

12) Both departments recognise the value and importance of contingency planning exercises.  Both departments have mutually decided that their missions will invite participation from their counterpart mission(s) in contingency planning exercises that are conducted in countries of their accreditation.  Both departments especially encourage joint participation in contingency planning exercises conducted in ‘specified consular areas’ under the bilateral consular sharing agreement. In addition, both departments will look to host capitals-managed crisis preparedness exercises and liaise with each other on timing and participation.

Role of supervising missions

13) Each responsible mission will report to, and seek specific instructions and authorities from, its supervising mission. Both Departments recognize the importance of regular personal contact between officials of supervising missions and their charges in order to monitor implementation of this Memorandum of Understanding, provide supplies and advice and information that may be useful for the delivery of consular services to respective nationals. Supervising missions are encouraged to visit their charges annually. Supervising missions should ensure that appropriate training is provided and that there is a full understanding of the applicable service standards or client service charters.

Communications

14) Consultations between missions will often be by telephone. However, specific instructions and authorities should be confirmed in writing so that there is a written record. Such messages may be relayed either directly between missions by commercial means, or through the communications facilities of either Department. Each Department will explore and where agreed to, establish electronic communications between missions using appropriate communications and software technologies.

Travel advisories

15) Both Departments recognize the value and importance of providing their respective nationals with up to date information on intended destinations. Both agree on the need to ensure close cooperation in the dissemination of travel reports, especially for those destinations covered by the present Memorandum of Understanding.

Language of service

16) The Australian Department of Foreign Affairs and Trade will provide specified consular services in English and French, as required. The Canadian Foreign Affairs Canada will indemnify the Australian Department of Foreign Affairs and Trade for any incremental costs in providing service in both of Canada's official languages. In the event an Australian mission is unable to provide service to a Canadian national in French, the Australian mission will provide that person with direct access to telephone or electronic communications facilities to the Canadian supervising mission.

Complaints

17) In the event of a complaint by any national about service provided by a mission of the other country, the complaint should be referred to the home department of the relevant mission for investigation.

Privacy

18) Personal information provided by a national or permanent resident of either country to a consular or diplomatic agent of the other country will be afforded protection in accordance with the requirements of Canada’s Privacy Act, Australia’s Privacy Act 1988, or both, as applicable. To the extent that either country has information about citizens of the other country in its possession or under its control, where there is a request for access to personal information from an individual about themselves, the country in possession or control of the information requested will respond according to the terms of its own legislation. Use or disclosure of personal information in the possession of or under the control of the Responsible Mission is permissible in accordance with the privacy law of the country of the Responsible Mission. In the event of conflict with the obligations to the Supervising Mission under this arrangement, the privacy laws of the country of the Responsible Mission will prevail. When appropriate, the client’s consent should be obtained before personal information is disclosed to another party. As a general rule: a) the information should be used only for the purpose for which it has been obtained; and b) the information should be afforded adequate protection and disposed of when no longer required.

Consular guides and instructions

19) For services provided on behalf of Canada the standing instructions will be those in the Manual of Consular Instructions (volumes 1 and 2).

20) For services provided on behalf of Australia the standing instructions will be those found in the Australian Consular Instructions and the Manual of Australian Passport Issue.

21) Australian and Canadian officers may be provided with specific consular, administrative, and financial instructions relating to this Memorandum of Understanding mutually decided upon by both Departments, to supplement the general instructions referred to in paragraphs 19 and 20.

Notification and publicity

22) Both Departments will ensure that the Governments of Receiving States are aware and have no objection to the arrangements for consular sharing provided for in this Memorandum of Understanding.

23) Each Department will take steps to inform its citizens who are travelling to or resident in the specified consular area of the consular protection and assistance they may expect.

Final provisions

24) The two Departments will consult from time to time at the request of either to consider amendments to this Memorandum of Understanding (including changes to the Schedule), which they jointly consider desirable.

25) The operation of this Memorandum of Understanding will be reviewed annually to coincide with the Five Nations Consular Colloque. If no Colloque is scheduled in a particular year alternative arrangements will be made by both parties.

26) This Memorandum of Understanding replaces the Memorandum of Understanding on Sharing Consular Services between the Department of External Affairs of Canada and the Department of Foreign Affairs of Australia, signed 22 January, 1987 at Ottawa, and takes effect on signature. It may be terminated by either Department giving notice of termination. The Memorandum of Understanding will terminate 6 months after receipt of that notice. Such termination will not affect the continuation in force of the aforementioned Agreement of August 7, 1986. 

SIGNED at London, this 15th day of November, 2001 in duplicate, in the English and French languages, each version being equally valid.

For Canada:

H. G. Pardy

For Australia:

Ian Kemish

SCHEDULE

Part 1 - CANADA

*Denotes non-resident consular area. Consular services are available at the noted accredited mission, which may be located outside of the country.

Part 2 - AUSTRALIA

*Denotes non-resident consular area. Consular services are available at the noted accredited mission, which may be located outside of the country.