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Summary

Application of art. 52 to 55 of the Constitution. France (at the Meeting) and South Africa alternately organize joint military exercises on their territory. The two countries participate in familiarization of their armies with the issues of peacekeeping or the imposition of peace, areas in which France and South Africa work together in Africa as is currently the case in Bounia, Democratic Republic of the Congo (DRC). The two countries signed a bilateral agreement on defence cooperation on 25-05-1998. The bill authorizing approval of this agreement is now being considered in Parliament. This exchange of verbal notes between the 2 Governments aims to ensure the legal coverage of the exercise "Rainbow Trek" which took place in April 2003 on South African territory, in the absence of approval of the bilateral agreement of 25-05-1998 by the French party. The South African Party notified on 25-03-2003 (following a request from the French Ministry of Defence), at our Embassy in Pretoria that the provisions on the status of forces provided for in the 1998 bilateral agreement would apply in full during the "Rainbow Trek" exercise. The French Party expressed its acceptance on 04-04-2003. The agreement refers in simplified outfits to the legal provisions of the 1998 bilateral agreement, which confers customs and fiscal privileges as well as jurisdictional immunities on military and civilian personnel in the framework of joint exercises and trainings or in missions related to the implementation of defence cooperation, in the territory of either State. The rise of the Franco-South African bilateral cooperation in defence is proven. At the level of the African continent, it has the framework for the maintenance of peace and the imposition of peace, the South African armed forces with projection capabilities and acting alongside the French forces, particularly in the context of operations in the DRC. Exercises like "Rainbow Trek" will multiply in southern Africa, the French forces and those of the Republic of South Africa, also co-locating those of other countries of the Southern African Development Community (SADC) with which we are planning to negotiate agreements on the status of forces in the near future. This Agreement entered into force on 04-04-2003.

Keywords

BUSINESS , INTERNATIONAL AGREEMENT , BILATERAL AGREEMENT , FRANCE , SOUTH AFRICA , ARMEE , MILITARY EXERCISE , CONJOINT EXERCISE , LEGAL COVERAGE , EXERCISE TREK ,

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JORF n°180 of 6 August 2003 page 13562
text No. 23



Decree No. 2003-741 of 30 July 2003 on the publication of the agreement in the form of exchanges of notes between the Government of the French Republic and the Government of the Republic of South Africa on a joint exercise in South African territory, signed in Pretoria on 25 March and 4 April 2003 (1)

NOR: MAEJ0330062D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/7/30/MAEJ0330062D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2003/7/30/2003-741/jo/texte

President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering articles 52 to 55 of the Constitution;
In view of the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France,
Decrete:

Article 1

The agreement in the form of an exchange of notes between the Government of the French Republic and the Government of the Republic of South Africa on a joint exercise in the territory of South Africa, signed in Pretoria on 25 March and 4 April 2003, will be published in the Official Journal of the French Republic.

Article 2

The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.

Annex

A C C O R D

EXCHANGE OF NOTES AGAINST THE GOVERNMENT OF THE FRENCH REPUBLIC AND GOVERNMENT OF THE SOUTH AFRICA REPUBLIC REPUBLIC ON THE SOUTH-AFRICAIN TERRITORY

DEPARTMENT
BUSINESS
REPUBLIC OF SOUTH AFRICA

The Government of the Republic of South Africa presents its compliments to the Government of the French Republic and has the honour to refer below to the intergovernmental agreement on defence cooperation signed between the Government of the Republic of South Africa and the Government of the French Republic in May 1998.
In order to facilitate the participation of the staff of the French Ministry of Defence in the RAINBOW TREK exercise, organized in South African territory, the Government of the Republic of South Africa wishes to propose that this exercise be conducted in accordance with the provisions of the above-mentioned agreement, to the extent that the latter provides all legal provisions for the conduct of joint exercises in the respective territories of the two parties.
If this proposal endorses the Government of the French Republic, the Government of the Republic of South Africa has the honour to propose that the joint exercise referred to above will take place as scheduled from March 31 to April 12, 2003, on the response of the Government of the French Republic.
The Government of the Republic of South Africa takes this opportunity to renew to the Embassy of the French Republic the assurance of its highest consideration.
Done in Pretoria, March 25, 2003.

AMBASSADE DE FRANCE
SOUTH AFRICA

The Embassy of France presents its compliments to the Ministry of Foreign Affairs of the Republic of South Africa and has the honour to acknowledge receipt of the note verbale BLl/FRA/FAP/D1 dated 25 March 2003, which reads as follows:
"The Government of the Republic of South Africa presents its compliments to the Government of the French Republic and has the honour to refer below to the intergovernmental agreement on cooperation in the field of defence signed between the Government of the Republic of South Africa and the Government of the French Republic in May 1998.
In order to facilitate the participation of the staff of the French Ministry of Defence in the RAINBOW TREK exercise, organized in South African territory, the Government of the Republic of South Africa wishes to propose that this exercise be conducted in accordance with the provisions of the above-mentioned agreement, to the extent that the latter provides all legal provisions for the conduct of joint exercises in the respective territories of the two parties.
If this proposal endorses the Government of the French Republic, the Government of the Republic of South Africa has the honour to propose that the joint exercise referred to above will take place as scheduled from March 31 to April 12, 2003, on the response of the Government of the French Republic. »
The Embassy of France has the honour to convey to the Ministry of Foreign Affairs of the Republic of South Africa the agreement of the Government of the French Republic to this proposal. Your note verbale and response therefore constitute an agreement between our two Governments on the conditions under which the elements of the French forces participate in the exercise RAINBOW TREK.
The Embassy of France takes this opportunity to renew to the Ministry of Foreign Affairs of the Republic of South Africa the assurance of its very high consideration.
Done in Pretoria, April 4, 2003.

Done in Paris on 30 July 2003.

Jacques Chirac

By the President of the Republic:

The Prime Minister,

Jean-Pierre Raffarin

Minister of Foreign Affairs,

Dominique de Villepin

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