View Treaty - E105787

Ref.: 06.24.001, 06.24.003.003, 03.13.042.004

The Hon. Mélanie Joly
Minister of Foreign Affairs
Canada
OTTAWA
6th August 2024

Minister:
I am writing in connection with emergency evacuation operations to be conducted by Canada, via the territory of the Republic of Cyprus, when a danger to the life and health of persons in the Middle East area emerges as a consequence of the deteriorating crisis situation caused by the ongoing hostilities in Gaza and Israel.
I would kindly like to convey the following provisions to govern the rights and responsibilities of Canada and the Republic of Cyprus (“Cyprus”) (individually referred to as a “Party” or collectively as the “Parties”) during these evacuation operations, including during transit and stay, in the territory of Cyprus:

1. Cyprus shall allow Canada to evacuate Canadian citizens, Permanent Residents of Canada, and their immediate family members deemed eligible by Canada for evacuation assistance, as well as citizens of third countries who seek support where coordinated through Cyprus’ Multinational Coordination Centre (collectively referred to as the “evacuees”). The evacuees shall be the responsibility of Canada.
2. The evacuation operations shall commence upon an official request by Canada to Cyprus through diplomatic means, as soon as possible, and at least 24 hours, prior to the scheduled commencement of evacuation operations, and following confirmation by Cyprus.
3. Canada’s request shall include the necessary information to facilitate the Cyprus authorities’ processing and implementing of the request, including details of transport means, composition of Canadian personnel, including Canadian Armed Forces personnel, participating in the planning, preparation and execution of evacuation operations (collectively referred to as “personnel”), expected number of evacuees and identification data thereof, cargo accompanying the evacuees, and supplies entering the territory of the Republic of Cyprus on Canada’s evacuation assets, including weapons and ammunition. Any subsequent rotations of personnel and supplies shall be communicated 24 hours in advance.
4. Canada shall ensure that all evacuees depart from the territory of the Republic of Cyprus within 48 hours after their arrival, except in exceptional circumstances requiring more time, after consultation between the Parties.
5. Cyprus shall permit the personnel of Canada, as well as the vessels, aircraft and ground vehicles used by the personnel of Canada in the conduct of evacuation operations, to enter into the territory of the Republic of Cyprus, and shall ensure that they enjoy the freedom of movement necessary to fulfill their tasks. Cyprus shall authorize the personnel, vessels, aircraft and ground vehicles of Canada to use designated ports, airports, public roads and other facilities, as provided by Cyprus.
6. Canada shall ensure that its personnel participating in evacuation operations shall abide by the legislation of the Republic of Cyprus.
7. Canada shall ensure that any weapons and ammunition used by its personnel shall be kept on the aircraft and vessels used by Canada or in storage designated by Cyprus, and shall only be transferred in the territory of the Republic of Cyprus upon the granting of permission by Cyprus and in accordance with the legislation of the Republic of Cyprus, including the escort of the Cyprus’ Police. Canada shall ensure that ammunition and weapons shall be stored according to the legislation of the Republic of Cyprus.
8. Cyprus shall provide Canada, at no cost, with public infrastructure and public areas necessary to accommodate Canada’s personnel and the evacuees, including the necessary utility services for this infrastructure (water, sanitary installations, electricity, communication means). Cyprus shall provide Canada with other logistical assistance and other support or medical services in the context of evacuation operations, upon Canada’s request and against reimbursement by Canada.
9. Canada shall exercise exclusive criminal jurisdiction over its personnel with respect to offences, including offences relating to its security, punishable by Canadian law, but not by the law of the Republic of Cyprus, as well as in relation to misconduct of a solely disciplinary nature. Canada shall exercise primary criminal jurisdiction over its personnel in relation to offences arising out of an act or omission done in the performance of official duty and/or solely against the personnel, property or security of Canada or property or security of the personnel of Canada.
10. Cyprus shall exercise exclusive criminal jurisdiction over the personnel of Canada with respect to offences, including offences relating to the security of the Republic of Cyprus, punishable by its law but not by the law of Canada. Cyprus shall exercise primary criminal jurisdiction over the personnel of Canada for any criminal offences other than those referred to in paragraph 9 above.
11. The Parties shall provide each other mutual legal assistance with respect to matters arising in connection to paragraphs 9 and 10, in particular in the conduct of inquiries and gathering of evidence, as required.
12. Each Party shall waive all claims against the other Party, including in circumstances where any personnel of the Parties is injured or killed, or property of the Parties is lost, damaged or destroyed, during, or as a consequence, of the execution of activities under the scope of the evacuation operations. This shall not apply to claims for loss or damage caused by an act or omission of a member of a Party’s personnel done with gross negligence or malicious intent. Determination concerning issues arising from the above, including the extent of liability and compensation, shall be made by consultation between the Parties.
13. Claims (other than contractual claims) arising out of damage caused by a member of the personnel of a Party to third parties in the performance of official duty shall be dealt with in accordance with the legislation of the Republic of Cyprus. Each Party shall be responsible for any compensation attributable to its personnel. The Parties shall exert every effort to determine issues arising from the above, including the extent of liability and compensation, by consultation. With regard to third party claims (other than contractual claims) arising out of damage caused by a member of the personnel of Canada not done in the performance of official duty, Canada may decide whether it will offer an ex gratia payment to the claimant on the basis of a report prepared by Cyprus and accepted by Canada. Nothing in this paragraph shall affect the jurisdiction of the courts of the Republic of Cyprus to entertain a civil action in accordance with the legislation of the Republic of Cyprus.
14. The Parties shall protect information exchanged between them in the context of the evacuation operations, shall not share it with any third parties unless otherwise jointly decided, and shall deal with it in a manner consistent with their respective legislation.
15. The Parties shall resolve any dispute regarding the interpretation or application of the terms contained in this Letter through consultations.
16. The terms of this Letter shall cover the personnel of Canada present in the territory of the Republic of Cyprus prior to the commencement of the evacuation operations for preparation purposes and those remaining after the evacuation operation in anticipation of further such operations, as applicable.

If the foregoing is acceptable to Canada, I would propose that this Letter and your affirmative written reply shall constitute an Agreement between the Government of Canada and the Government of the Republic of Cyprus concerning Emergency Evacuation Operations, via the Territory of the Republic of Cyprus (the “Agreement”), done in duplicate in the English and French languages, each language being equally authentic.

The Agreement shall only apply with respect to evacuation operations conducted in connection with the deteriorating crisis situation in the Middle East caused by the ongoing hostilities in Gaza and Israel.
The Agreement shall enter into force on the date of your affirmative written reply, and may be terminated at any time by either Party by written notification, via diplomatic channels, to this effect.
I would further propose, in due course and when time allows it, the initiation of negotiations for the conclusion of a more comprehensive agreement on the evacuation of civilians. This practice (i.e. conclusion of relevant agreements, instead of technical arrangements and/or memoranda of cooperation) has been the practice of the Republic of Cyprus since early 2020.

Dr. Constantinos Kombos

His Excellency Dr. Constantinos Kombos
Minister of Foreign Affairs
Republic of Cyprus
NICOSIA
6 August 2024

Excellency:
I acknowledge receipt of your Letter setting out the provisions that would govern the rights and responsibilities of Canada and the Republic of Cyprus (“Cyprus”) in the course of evacuation operations from the territory of Cyprus, should they be required as a result of the current crisis in the Middle East stemming from ongoing hostilities in Gaza and Israel.
On behalf of the Government of Canada, I have the honour to accept all the terms set out in your Letter, and to confirm that your Letter and my affirmative reply constitute an Agreement between the Government of Canada and the Government of the Republic of Cyprus concerning Emergency Evacuation Operations, via the Territory of the Republic of Cyprus (the “Agreement”), which shall be equally authentic in the English and French languages, and shall enter into force on the date of this reply.
I also take note of your proposal for Canada and Cyprus to enter into negotiations, at a future date and when circumstances permit, on a more comprehensive agreement on the evacuation of civilians.
The Agreement is yet another potent illustration of the strong friendship and solidarity that has united our countries and our people for decades. I am deeply grateful for your generous hospitality during my visit in May and wish once again, on behalf of the Government of Canada, to thank the Government and the people of Cyprus for their unwavering support in these challenging times.
Please accept, Excellency, the assurances of my highest consideration.

The Honourable Mélanie Joly, P.C., M.P.