Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
In the light of articles 52 to 55 Of the Constitution;
In view of Act No. 2007-11 of 4 January 2007 authorising the approval of the Agreement between the Government of the French Republic and the Agency for the Safety of Navigation Aviation in Africa and Madagascar concerning the establishment in Paris of a delegation of the Agency for the Safety of Air Navigation in Africa and Madagascar and its privileges and immunities on French territory signed on 6 December 2004, And its Amendment No. 1 signed on 21 July 2005;
In view of the amended Decree No. 53-192 of 14 March 1953 on the ratification and publication of international commitments entered into by France,
Agreement between the Government of the French Republic and the Agency for the Safety of Navigation Aviation in Africa and Madagascar concerning the establishment in Paris of a delegation of the Agency for the Safety of Air Navigation in Africa and Madagascar and its privileges and immunities on French territory, signed on 6 December 2004, And its Amendment No. 1 signed on 21 July 2005 will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs are responsible for this Concerning the execution of this Decree, to be published in the Official Journal of the French Republic.
A C C O R D
BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE AGENCY FOR THE SAFETY OF AIR NAVIGATION IN AFRICA AND IN MADAGASCAR RELATING TO THE ESTABLISHMENT IN PARIS OF A DELEGATION OF THE AGENCY FOR THE SAFETY OF AIR NAVIGATION IN AFRICA AND IN MADRID PRIVILEGES AND IMMUNITIES ON THE FRENCH TERRITORY (ENSEMBLE ONE ANNEX) AND COUNSEL N ° 1
The Government of the French Republic, on the one hand,
and
The Agency for the Safety of Air Navigation in Africa and Madagascar (ASECNA), On the other hand,
hereinafter referred to " The Parties ",
Considering that the Agency whose seat is fixed in Dakar by Article 2 of the Statute annexed to the Convention signed in Dakar on 25 October 1974 must have in Paris a" Delegation " Necessary to enable it to fulfil its role effectively,
To define the privileges and immunities that the Agency enjoys in French territory,
Have agreed on the following provisions:
Article 1
ASECNA, hereinafter " The Agency ", is authorized to establish in France an office designated as" Delegation ". In particular, the delegation carries out intervention and information functions on behalf of the Dakar Office, as well as information functions in respect of Dakar.
The Agency, represented by its delegation in France, enjoys in the territory French legal personality. It has the capacity to contract, acquire and dispose of the movable and immovable property necessary for its activity and to take legal action. It acknowledges, unless otherwise provided for in this Agreement, the jurisdiction of the French courts.
Article 2
1. The Delegation of the Agency in France understands the premises it occupies or would come to occupy for the purposes of its activity, excluding the premises for the habitation of its staff.
2. The premises of the Agency's delegation are Inviolable. Agents or officials of the French Republic will only be able to enter in order to carry out their official duties there with the consent or upon the request of the Director of the delegation and under conditions approved by him. This consent is presumed to be acquired when a disaster makes the intervention of the French security and fire fighting services necessary and urgent.
Article 3
1. Formal communications to ASECNA or ASECNA, regardless of their mode of transmission and the form in which they are shipped, will not be impeded in any way. Immunity will extend in particular to publications, documents, plans, films and films, films and sound recordings corresponding to its mission.
2. The official correspondence addressed by the delegation to ASECNA and Vice versa.
3. The delegation has the right to send or receive its official correspondence by special couriers and sealed bags.
4. The delegation, as part of its activities, can freely:
a. Receive and hold funds and currency of any kind and have accounts in any currency;
b. Transfer its funds and funds within the French territory, from France to another country and vice versa.
Article 4
The Agency will consent to the lifting of one of the immunities provided for in the Articles 2 and 3 of this Agreement if such immunity may impede the action of justice and may be waived without prejudice to the interests of the delegation.
Article 5
1. In the course of its official activities, the delegation, its assets, income and other property are exempt from any direct tax. However, the exemption does not cover taxes collected in respect of services rendered.
This exemption does not apply to the commercial activities of the delegation.
2. In the course of its official activities, the Acquisitions and leases of real property by the delegation for its operation are exempt from registration and property advertising tax.
3. The Delegation shall bear in accordance with the common law the effect of the fees on the turnover which enter into the price of the goods sold to it or the services rendered to
. May be reimbursed by the French authorities for cases received in favour of the State budget relating to substantial purchases of movable and immovable property or services necessary for the functioning of the delegation
Article 6
1. The members of the staff of the delegations in categories I and II defined in the Annex to this Agreement, within the limit of six persons, shall be entitled to:
a. Immunity, even after the termination of their duties, in respect of any legal action for acts, including words and writings, performed by them in the performance of their duties and in the strict limit of their duties. This immunity does not apply in the event of an infringement of the regulation of the movement of motor vehicles committed by them, or in the event of an action for compensation for damage caused by a self-propelled vehicle belonging to or driven by them ;
b. A special residence permit issued by the competent French authorities, for themselves, their spouses and their dependents, or exclusively:
-the direct ascendants of the agent, and those of his or her spouse;
-children, or children adopted in plenary, up to the age of 18; this limit may be extended to 21 years, subject to the presentation of a Certification of their full support by the agent;
c. Exemption from all obligations relating to the National Service or any other compulsory service in France;
d. The temporary duty free importation regime for their self-propelled vehicle; and
e. An exemption from any direct tax on the salaries and emoluments paid to them by the Agency, provided that the Agency establishes a system by which these salaries and emoluments will actually be taxed by the Agency
provisions of paragraph 1, subparagraphs b, c, d and e, do not apply to French nationals and permanent residents holding a prefectural residence permit.
3. The staff of the delegation belonging to the aforementioned categories I and II, excluding French nationals and permanent residents, are not affiliated with the French social security bodies and are exempt from any assessment or Corresponding compulsory contribution, as long as they remain affiliated with the social security system of ASECNA. They cannot claim any benefit under French law. ASECNA shall, in respect of personnel belonging to the other categories, fulfil all the obligations placed on the employer by the Social Security
. For the purposes of this Article, the Agency shall communicate to the competent authorities the names of the persons for whom it requests such privileges and immunities.
5. These privileges and immunities are granted to their beneficiaries in the interest of the proper functioning of the delegation and not to provide them with a personal benefit. The Agency will agree to waive the immunity granted to one of these beneficiaries if that immunity is liable to interfere with the action of justice and whether it can be waived without prejudice to the interests of the delegation.
6. The French Government may, at any time, without having to give reasons for its decision, and after informing ASECNA:
a. Refuse to grant an agent whose name is proposed to it the privileges and immunities set out in section 5.1; and
b. Remove these same privileges and immunities to an agent that he has declared persona non grata.
Article 7
Subject to the application of quarantine and public health regulations, and unless a reason Public order, the Government of the French Republic undertakes to authorise, without visa fees or time limits, entry and stay in France for the duration of their duties or missions to the delegation of the following persons:
1. The members of the Committee of Ministers, the supervisory body of the Agency, their alternates and their advisors;
2. Members of the Board of Directors of the Agency, their alternates and their advisors;
3. The Director General of the Agency and its advisors;
4. Advisers or experts appointed by the Agency.
Article 8
Any dispute arising between the Government of the French Republic and the Agency in respect of the interpretation or application Agreement or any supplementary arrangements shall be settled by negotiation between the Parties.
Article 9
This Agreement may be revised at the request of either Party. The two Parties shall consult each other on the modifications to be made to the provisions of the Agreement.
Article 10
This Agreement may be denounced, by written notification, by one or The other Party with one year's notice.
Article 11
This Agreement shall be approved by the Government of the French Republic on the one hand, and by the Agency on the other. Each Party shall notify the other of its approval of the said Agreement. This Agreement shall enter into force thirty days after the date of receipt of the second notification.
In witness whereof, the undersigned, duly authorized to that effect, have signed this Agreement.
Done at Paris, on December 6, 2004, in two Original copies.
For the Government
of the French Republic:
Xavier Darcos
Minister delegated
to cooperation,
au développement
et à la francophonie
For the Agency for Security
of
Air Navigation in Africa and Madagascar:
Ahamed Akobi
Chairman of the
Committee of Trusteeship Ministers
of ASECNA
A N N E X E
Agency staff performing duties with the " Delegation " Of the Agency in France is divided into the following four categories:
I.-The Director, named " Delegate ", that is, the person responsible for directing the permanent services of the Agency in
. -Agents, other than the Director, who provide supervision or coordination responsibilities for services, offices, sections or cells, have a high rank, i.e. at least the rank of director or equivalent, and are responsible for Responsibilities in areas specific to technical and administrative activities.
III. -Technical and administrative staff other than those referred to in previous points I and
. -Service personnel, i.e. persons assigned to the domestic service of the Agency (belong in particular to this category: Drivers, bailiffs, racing boys, guards, etc.), excluding personnel assigned to the service of a staff member of this staff.
This Annex is an integral part of the Agreement.
BEFORE THE AGREEMENT BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE AGENCY FOR THE SAFETY OF AIR NAVIGATION IN AFRICA AND IN MADAGASCAR RELATING TO THE ESTABLISHMENT IN PARIS OF A DELEGATION OF THE AGENCY FOR THE SAFETY OF AIR NAVIGATION IN AFRICA MADAGASCAR AND ITS PRIVILEGES AND IMMUNITIES ON FRENCH TERRITORY (TOGETHER ANNEX) SIGNED ON DECEMBER 6, 2004 IN PARIS
The Government of the French Republic, on the one hand, and the Agency for the Safety of Air Navigation in Africa and Madagascar, on the other hand,
Wishing to complete the Agreement on The establishment in Paris of a delegation from the Agency for the Safety of Air Navigation in Africa and Madagascar and its privileges and immunities on the French territory signed in Paris on 6 December 2004 (hereinafter ' The Agreement "),
Have agreed as follows:
Article 1
Article 6 (1) (e) of the Agreement is completed as follows:
" The salaries and emoluments paid by the Agency are, however, taken into account when calculating the amount of national tax seated on income from other sources. "
Article 2
This amendment will be approved by the Government of the French Republic on the one hand and the Agency on the other. Each Party shall notify the other of its approval of the amendment. This amendment shall enter into force at the same time as the Agreement.
In witness whereof, the undersigned, duly authorized to that effect, have signed the present amendment.
Done at Paris, on July 21, 2005, in duplicate.
For the Government of
of the French Republic:
Philippe Etienne
Director General
of National Cooperation
and Development
For the Agency for
Air Navigation
in Africa and Madagascar:
Jacques Courbin
President
of the Board of Directors
Done at Paris, July 16, 2007.
Nicolas Sarkozy
By the President of Republic:
Prime Minister,
François Fillon
Foreign Affairs Minister
and European,
Bernard Kouchner
