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Decree No. 2007 - 1068, July 4, 2007 On The Publication Of The Agreement Between The Government Of The French Republic And The Government Of The Democratic Republic Of Algeria And Popular On The Establishment Of The School Superior Alg

Original Language Title: Décret n° 2007-1068 du 4 juillet 2007 portant publication de l'accord entre le Gouvernement de la République française et le Gouvernement de la République algérienne démocratique et populaire relatif à la création de l'Ecole supérieure alg

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Keywords

FOREIGN AND EUROPEAN AFFAIRS, INTERNATIONAL AGREEMENT, BILATERAL AGREEMENT, FRANCE, ALGERIE, ECOLE SUPERIOR ALGERIENNE DES AFFAIRES, CREATION, OPERATION, COMPETENCE


JORF n ° 155 of 6 July 2007 page 11527
text N ° 17



Decree n ° 2007-1068 of 4 July 2007 on the publication of the agreement between the Government of the French Republic and the Government of the People's Democratic Republic of Algeria on the establishment of the Algerian Higher School of Business, signed in Algiers on 13 July 2004 (1)

NOR: MAEJ0758405D ELI: https://www.legifrance.gouv.fr/eli/decret/2007/7/4/MAEJ0758405D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2007/7/4/2007-1068/jo/texte


The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Having regard to Articles 52 to 55 of the Constitution;
In light of the amended Decree No. 53-192 of 14 March 1953 on ratification and The publication of international commitments entered into by France;
Having regard to Decree No. 88-846 of 21 July 1988 on the publication of the Convention on Cultural, Scientific and Technical Cooperation between the Government of the Republic French and the Government of the People's Democratic Republic of Algeria, Signed in Paris on March 11, 1986,
Describes:

Article 1


Agreement between the Government of the French Republic and the Government of the Republic of Algeria Democratic and popular relative to the creation of the Algerian Higher School of Business, signed in Algiers on 13 July 2004, will be published in the Official Journal of the French Republic.

Item 2


First Minister and the Minister for Foreign and European Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the French Republic.

Annex


A C C O R D


BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE DEMOCRATIC ALGERIAN REPUBLIC AND POPULAR IN THE MATTER OF THE ESTABLISHMENT OF THE ALGERIAN SCHOOL OF AFFAIRS
The Government of the People's Democratic Republic of Algeria and the Government of the French Republic, hereinafter referred to as " Parts ",
Referring:
-to" Declaration of Algiers " Signed in Algiers on 2 March 2003;
-the Convention on Cultural, Scientific and Technical Cooperation of 11 March 1986;
Desiring to develop their cooperation in specialised training of business leaders,
Have agreed The following:


Article 1


The parties decide to create a higher education institution of excellence called " Algerian Higher School of Business " By abbreviation " ESAA " Placed with the Algerian Chamber of Commerce and Industry.
The headquarters of the ESAA is fixed in Algiers.


Article 2


The ESAA is an Algerian higher education institution whose implementation And the operation will be carried out in cooperation with the Government of the French Republic.
The ESAA is a training institution with financial autonomy and legal personality.


Article 3


The mission of the ESAA is to:
-train for the management of young graduates of higher education and in-line managers;
-create a resource centre for documentary and pedagogical resources to contribute to the training of trainers and the dissemination of knowledge within the community Algerian higher education institutions.


Article 4


For the realization of its mission, the ESAA receives support:
-for the Algerian part:
-the Algerian Chamber of Commerce and Industry, the Ecole supérieure de commerce d' Alger and the Institut national du commerce (INC).
The Algerian Chamber of Commerce and Industry (CACI) is responsible for coordination between the Different Algerian stakeholders;
-for the French part:
-from a consortium of French institutions established by the Chamber of Commerce and Industry of Paris, representing its establishments HEC and ESCP-EAP, the Chamber of Commerce and Industry of Marseille-Provence (CCIMP) and the university Lille-II.
This consortium is coordinated by the Chamber of Commerce and Industry of Paris.
The French consortium and the consortium of Algerian institutions can be expanded to other French or Algerian institutions Higher education, public or private, who wish to support the Activities of the ESAA.
The two parties will be able to propose any other institutions or institutions of higher education for a technical contribution to the establishment and operation of this School.


Article 5


The ESAA post-graduation training courses in business management are part of the Algerian higher education system. They shall take into account the needs of Algerian enterprises.
The nature of the diplomas awarded by the ESAA will be defined by the Administrative Council of the School on a proposal from the Scientific Council, in accordance with the nomenclature of the Diplomas established by the Ministry of Higher Education and Scientific Research.
These courses include the following programmes:
-initial training: A two-year full-time management training course organised on the basis of competitive recruitment for young graduates, holders of licences or equivalent in Algerian higher education;
- Continuing education: A specialized, time-shared, 18-month time-shared management training for an audience of business executives; and
-short seminars for business leaders.


Article 6


The Algerian Higher School of Business comprises the following bodies:
-a Board of Directors;
-a Scientific Council;
-a Director General.


Article 7


The Board of Directors is chaired by the President of the Algerian Chamber of Trade and industry or its representative.
It is composed of:
For the Algerian part:
-the President of the CACI;
-a representative of the Ministry of Foreign Affairs;
-a representative of the Ministry of Higher Education and Scientific Research;
-a representative of the Ministry of Commerce.
For the French part:
-from the Ambassador of France to Algeria or his representative;
-from a representative of the Ministry of Foreign Affairs;
-from a representative of the Paris Chamber of Commerce and Industry (CCIP);
-from a representative of the CCMP.
The Executive Board will also include a representative of Algerian companies and a representative of French companies operating in Algeria, designated by mutual agreement.
The Secretariat of the Executive Board is Provided by the Director General, who attends meetings of the Board with a voice Advisory.
The Board of Directors makes its decisions by a simple majority of its members.


Article 8


The Board of Directors is the supreme governing body of the School.
It is Shall meet at least once a year in ordinary session and may sit in extraordinary meetings upon convocation by its President, or by the representative of CCIP as coordinator of the French consortium referred to in Article 4 above
Is responsible for defining the general policy of the ESAA in Strategic, educational and financial. It approves each year the activity report and budget presented by the ESAA Director General.
It controls the implementation of the budget and approves the report of the auditor.
It approves the internal regulation of the ESAA.


Article 9


The Scientific Council is composed of:
-the Director General of the School as President.
For the Algerian part:
-a representative of the Ministry of Higher Education and Scientific Research;
-a representative of the Algerian Chamber of Commerce and Industry (CACI);
-a distinguished representative from each institution Algerian higher education in Article 4 above.
For the French part:
-a representative of the Paris Chamber of Commerce and Industry (CCIP);
-a representative of CCIMP;
-one representative from each of the French educational institutions listed under Article 4 above: A representative of establishments of CCIP (HEC-ESCP), a representative of EUROMED, a representative of the University of Lille-II;
Two representatives of Algerian companies and two representatives of French companies operating in Algeria will be The
Council determines and controls all the educational aspects and refers them for validation to the Board of Directors.
It is responsible for educational choices, and as such Ensures in particular the maintenance of the best fit Possible with the needs of Algerian economic circles.
The Scientific Council may be expanded to include Algerian and French institutions that commit to providing support to the ESAA under Article 4 above. Enlargement, if any, will be carried out in accordance with the parity between the two parties.


Article 10


The Director General of the ESAA is appointed by the Board of Directors on a proposal Of the French part for the first financial year. The Director General's term of office is five years. Its functions are terminated in the same forms. The Director General is responsible for the quality of the programmes and the good management of the institution. It has authority over the staff of the institution.


Article 11


The Algerian Higher School of Business is empowered to provide higher education and to grant degrees and diplomas. Certificates recognised in Algeria and France in accordance with Algerian legislation and French legislation in the field in force; the authorisation awarded is subject to periodic evaluation and confirmation by the ministries responsible for the Higher education in both countries.


Article 12


The Algerian Higher School of Business will benefit during the first five years of its operation of a French financial contribution, within the limits of its budgetary possibilities. This contribution will ensure, in particular, the technical assistance necessary for the operation of the School as well as the remuneration of the French
. The appropriate premises and the development of the educational structures of the ESAA, a financial subsidy for the start-up and operation of the School, which will be used to ensure, in particular, the pay coverage of teaching staff and The
obligations of the parties are Set out in the table set out in the Annex to this Agreement, which is an integral part of this Agreement.


Article 13


Training provided by the School pays and is open to all Algerian students, French, or, within the limits of available places, to students from third countries meeting the access criteria set by the School.
The Board of Directors will determine the amounts of the tuition fees taking into account the parameters Related to the standard of living in Algeria and the international standards in force.
Non-post-card and short-term courses can be provided by the School upon request from public or private companies or institutions.


Article 14


Revenue from The School consists of the subsidies of the Algerian and the French part, tuition fees, as well as any revenue related to special training as specified in Article 13.
The ESAA may accept, under the supervision of Board of Directors, gifts and bequests, and any financial participation Originating from multilateral international institutions, Algerian or French companies or Algerian or French non-governmental associations.
The Director General is the Chief Authorising Officer.
A Commissioner of Accounts is Designated by the Board of Directors, according to the Algerian regulations in force.


Article 15


The permanent Algerian teaching and administrative staff is recruited and managed by the Director ESAA general in accordance with Algerian law in
The French permanent teaching and administrative staff are made available to the Director General by the member institutions of the French consortium. The Director General has authority over him in accordance with section 10 above.
The above-mentioned personnel are paid by the ESAA.


Article 16


Teachers and teachers Permanent administrative French are subject to the provisions of the French-French agreements in force in the field of social security and income tax.


Article 17


Members of the French teachers and permanent administrative staff can import into Algeria, in suspension of customs duties and taxes and in exemption from formalities relating to foreign control and exchange, their furniture and effects and personal objects, including the educational equipment they possess and necessary for The performance of their duties and a particular car of less than three years of age. These objects, which must be imported within a maximum period of six (06) months from the date of entry into Algeria, will have to be re-exported at the end of the mission.


Article 18


The part Algeria will facilitate the entry and stay in Algeria of French nationals, their families, as well as French experts to carry out technical and/or pedagogical support
. Cases benefit from the exemption of customs duties and taxes and the exemption from Formalities for the control of foreign trade and foreign exchange, when importing equipment, equipment and documentation necessary for its operation.


Article 19


The Algerian part Make available to the ESAA suitable educational facilities.
Any possible decision by the Administrative Council for further work or development cannot be implemented without the prior authorisation of the Algerian authority. Owner of these premises.


Article 20


At the end of this Agreement, the ESAA will be an educational institution under the supervision of the CACI.


Article 21


This Agreement is signed for a duration of Ten years renewable per tacit renewal, unless one of the parties decides to terminate it with a notice of at least one year.
Such denunciation shall not affect the rights and obligations of the parties involved in the training in At the time of termination.
This Agreement may be amended on Proposal of either party. Any amendment shall enter into force in accordance with the same procedure required for the entry into force of this Agreement.
During the fifth year of implementation of this Agreement, the Parties shall evaluate the activities of the ESAA and determine the Any adjustments to be made to its operation.


Article 22


This Agreement shall enter into force at the time of its signature and/or after completion of the procedures of the Parts:
-for the Algerian part, upon completion of the ratification procedures;
-for the French part, at the time of signature.
Done at Algiers, on July 13, 2004, in two copies, in Arabic and French, the two Texts being equally authentic.


For the Government
of the French Republic
France:
Michel Barnier
Minister
of Foreign Affairs
For the Government
of the Democratic Republic
Algeria and Popular:
Abdelaziz Belkhadem
Minister of State,
Minister of Foreign Affairs


Done at Paris, July 4, 2007.


Nicolas Sarkozy


By The President of the Republic:


Prime Minister,

François Fillon

Foreign Affairs Minister

and European,

Bernard Kouchner


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