Key Benefits:
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, decree:
The development cooperation agreement between the Government of the French Republic and the Government of the Republic of South Africa, signed in Cape Town on 31 May 2001, will be published in the Official Journal of the French Republic.
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.
A C C O R D
COOPERATION OF DEVELOPMENT TO THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF AFRICA
The Government of the French Republic and the Government of the Republic of South Africa, below referred to as the Parties,
Welcoming the quality of the dialogue between their two countries in the field of cultural, scientific, technical and economic cooperation for development;
Recognizing that both Parties are important cooperation partners in the financial support for development in Southern Africa and the rest of the continent;
Desiring to promote extended and long-term relations between their two countries;
Wishing to establish cooperation to contribute to sustainable economic and social development, a factor in poverty reduction;
Sharing the desire to integrate their partnership into South Africa's development strategy, its priorities and its corporate project,
agreed on the following provisions:
Article 1
Principles for the South African Franco Partnership
The two Parties emphasize the points of convergence in their vision of development that build their partnership:
(1) The will to root democracy and respect for human rights;
(2) The concern for the maintenance of peace and stability in Africa.
It goes by:
(3) Combating poverty and reducing inequality;
(4) The concern for sustainable development and the preservation of the environment;
(5) Promoting a balanced economic growth and private initiative development policy;
(6) Civil society participation in the implementation of development programmes;
(7) Encouragement to establish regional economic and political entities,
and requires:
(8) Support for decentralization processes;
(9) Human resources development;
(10) The fight against corruption.
Article 2
Objectives of the Franco-South African cooperation
The two Parties agree on five priority areas of cooperation to develop their partnership:
(1) Modernization and adaptation of the institutional framework of governments (central, provincial, local);
(2) Training of managers and technicians and capacity-building for expertise, management and research;
(3) Support for social and economic development;
(4) The development of cultural, linguistic and artistic exchanges;
(5) Regional development particularly in the context of integration processes in which South Africa (SADC) is engaged.
Article 3
Cultural, scientific and technical cooperation
(1) Technical, scientific and cultural cooperation aims to create a partnership between South African and French institutions, through the exchange of expertise, internships and joint studies and research. It relies in particular on the provisions of the cooperation agreement in the fields of education, culture, sport, science and technology of 4 November 1994.
(2) The aim of cultural, scientific and technical cooperation activities is, beyond those already stated in the above-mentioned agreement:
(a) Strengthening democracy through the promotion of respect for human rights, assisting in the establishment of legal structures, contributing to security and security and improving administration in the three spheres of government;
(b) Develop human resources through training in personnel management, technological training, teaching French and promoting scientific research;
(c) Contribute to meeting the needs of disadvantaged communities in the areas of health, housing, access to services and education;
(d) Encourage mutual knowledge and cultural understanding through research, cultural, artistic and sporting exchanges, as well as the dissemination of French audiovisual programs.
(3) To meet these objectives, cultural, scientific and technical cooperation is based on French structures and organizations or funded by the French Party present in South Africa, such as IFAS (Institut français d'Afrique du Sud), the French Alliances and the network of French research organizations (CNRS, CIRAD, IRD, CEMAGREF), and relies in France on the competences of administrations, higher education institutions, as well as research institutions. It can also mobilize local authorities and French NGOs.
(4) The funding mobilized by the French Party for the implementation of the projects of cultural, scientific and technical cooperation comes from:
(a) Means programmed annually by the French Embassy's Cultural Cooperation and Action Service;
(b) Priority Solidarity Fund (FSP) for multi-year programmes;
(c) Public and private structures or organizations partners in projects or programmes;
(d) Means implemented by French territorial authorities.
(5) The search for complementarities with regional and international funding will be actively encouraged for coherence and effectiveness.
Article 4
Support for social development
economic and investment
Support for the social and economic development of South Africa is reflected in the mobilization of instruments to facilitate investments for infrastructure benefiting the disadvantaged populations and those to support the partnership between French companies and the new fabric of enterprises from formerly disadvantaged communities.
(1) The Directorate of External Economic Relations of the Ministry of Economy, Finance and Industry of the French Party shall, for this purpose, make available to the South African Party the following procedures:
(a) Funding in the form of donations of service services made by French providers (feasibility studies, technical assistance, institutional cooperation with economic or financial purposes) - Fonds d'Etudes et d'Aide au Secteur Privé/Etudes - (FASEP-Etudes) ;
(b) Funding, in the form of concessional loans, subject to the OECD aid rules, in order to encourage high-value-added priority development projects and the upgrading of the emerging private sector (e.g., Emergent Country Reserve (EAP));
(c) Guarantees for the upgrading of the private sector (average of the Private Sector/Garanty Sector Research and Assistance Fund (FASEP-Garantie)/and prospecting insurance) to enable the development of partnerships between companies of both parties, including investment projects in South Africa;
(d) The partnership programme of French and South African professional structures (PCIT) to promote industrial linkages and partnerships in the priority sectors between the two parties and to increase the involvement of the communities involved in bilateral cooperation.
All of the above instruments are designed to promote a balanced partnership, based in particular on technology transfer, investment and implementation or modernization of public reference infrastructure.
(2) The group of the French Agency for Development, whose terms and conditions of intervention are provided under the Establishment Convention, signed on 5 July 1994 by the South African Minister of Finance, the French Minister of Economy and the Director General of the AFD Group, intervenes to support the South African Party in its policy of social recovery and poverty alleviation as well as to promote investments of South African companies.
The financial instruments that can be used to achieve these goals are:
(a) The financial competitions in euros of AFD, in accordance with the decisions of its decision-making bodies, on the conditions of official development assistance according to the provisions of the OECD Aid for Development Committee granted to the State, to public or private institutions, with or without State guarantees;
(b) Proparco's market rate loans, in euros, United States dollars and rands, for up to fifteen years;
(c) Proparco guarantees that may apply to local or French investors or financials;
(d) Proparco's participation in the capital of South African companies;
(e) The French Global Environment Facility for specific projects in the form of subsidies in euros.
Article 5
Decision-making and delegation of authority
The French Embassy and the Ministry of Finance respectively represent the French and South African Parties on all matters related to the implementation of this Agreement.
The application of this Agreement shall be governed by arrangements for the implementation of the project (in a form acceptable to both parties) for the various areas of cooperation, programmes or projects envisaged in this Agreement.
All project implementation arrangements shall be considered as annexes to this Agreement and shall be subject to all relevant provisions of this Agreement.
The project implementation arrangements shall be signed by the competent authorities designated by both Parties.
Article 6
Local taxes and fees
Subject to the domestic laws in force in their respective States, South Africa exempts France from the payment or burden of all import or export duties and other official levies, including value-added taxes on purchases financed by France made under this Agreement.
Article 7
Entry into force, amendment and termination
This Agreement shall enter into force on the date of its signature.
This Agreement may be denounced at any time by each of the two Parties with a written notice of six months. In the case of a denunciation by the French Party, the latter does not apply to funds irrevocably committed in good faith by South Africa to third parties prior to the date of notice of denunciation. In the case of a denunciation by the South African Party, funds will no longer be available for activities that occur after the expiry date of the Agreement.
This Agreement may be amended by exchange of notes between the two Parties at the request of either Party.
In faith, the representatives of both Parties, duly authorized to do so, have signed this Agreement and affixed it to it.
Done in Cape Town on 31 May 2001, in two French and English copies, both texts being equally authentic.
Done in Paris on 8 September 2003.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
Minister of Foreign Affairs,
Dominique de Villepin
For the Government
of the French Republic:
Hubert Védrine
Minister for Foreign Affairs
For the Government
of the Republic of
of South Africa:
Mr. Mpahlwa
Deputy Minister of Finance
