Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Considering articles 52 to 55 of the Constitution;
Having regard to Act No. 2006-790 of 5 July 2006 authorizing the approval of the agreement between the Government of the French Republic and the Government of the People's Republic of China on cooperation in matters of internal security;
Having regard to the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France;
In view of Decree No. 69-446 of 2 May 1969 on the publication of the Single Convention on Narcotic Drugs of 30 March 1961;
In view of Decree No. 75-1076 of 4 November 1975 on the publication of the Protocol amending the Single Convention on Narcotic Drugs of 1961, signed in Geneva on 25 March 1972;
Having regard to Decree No. 77-41 of 11 January 1977 on the publication of the Convention on Psychotropic Substances, made in Vienna on 21 February 1971;
In view of Decree No. 91-271 of 8 March 1991 on the publication of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (as an annex), adopted in Vienna on 19 December 1988 and signed by France on 13 February 1989,
Decrete:
The agreement between the Government of the French Republic and the Government of the People's Republic of China on cooperation in matters of internal security, signed in Beijing on 8 January 2004, 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 the execution of this decree, which will be published in the Official Journal of the French Republic.
A C C O R D
BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND GOVERNMENT OF THE POPULAR REPUBLIC OF CHINA RELATING TO COOPERATION IN THEIR SECURITY
The Government of the French Republic and the Government of the People ' s Republic of China referred to as the “Parties”,
Desiring to use the framework offered by the joint Franco-Chinese declaration for a global partnership signed in Beijing on 16 May 1997 in order to contribute to the strengthening and development of their bilateral relations;
Mus by the will to cooperate actively in the fight against various forms of international crime, in particular the fight against illicit trafficking in narcotic drugs and psychotropic substances and their precursor chemicals;
On the basis of mutual respect for their sovereignty, interests, mutual benefits and national legislation,
agreed that:
Article 1
The competent departments of both Parties for the implementation of this Agreement shall include:
The Ministry of Interior, Internal Security and Local Freedoms of the Government of the French Republic;
The Ministry of Public Security of the Government of the People ' s Republic of China;
Such departments shall designate contact and coordination units for the purposes of this Agreement, respectively. This designation is communicated to the other Party through diplomatic channels.
Article 2
Parties shall conduct technical and operational cooperation in the field of internal security and agree on mutual assistance in the following areas:
1. Combating organized crime;
2. Combating illicit trafficking in narcotic drugs, psychotropic substances and their chemical precursors;
3. The fight against terrorism;
4. Combating economic and financial offences, including money-laundering;
5. Combating human trafficking; illegal immigration and related crime;
6. The safety of air, sea and land transportation;
7. The fight against false and counterfeit means of payment and identification documents;
8. The fight against industrial and commercial counterfeiting and fraud;
9. Combating theft and illicit trafficking of nuclear weapons, ammunition, explosives and materials, chemical compounds and bacteriological products, as well as other dangerous materials and goods and technologies for civilian and military use;
10. Combating trafficking in stolen cultural property and art objects;
11. The safety and protection of major sporting and cultural events;
12. Combating computer crime;
13. The technical and scientific police;
14. Human resources management and training;
15. The development of the rule of law and the legislative and regulatory norms in domestic security.
This cooperation may be extended to other areas of internal security through arrangements between the Ministers responsible for the implementation of this Agreement.
Article 3
Parties shall exchange information on:
1. The offences referred to in Article 2 of this Agreement;
2. Nationals of one of the Parties that have committed or have been victims of these offences in the territory of the other Party;
3. National crime prevention and control legislation;
4. And any other information of common interest.
Each Party may refuse to provide information or fail to comply with a request for technical or operational cooperation made under this Agreement if it considers that the information or satisfaction of the request is likely to infringe upon the fundamental principles enshrined in national legislation and recognized standards of international law, sovereignty, security, public order, rules of organization and operation of the essential judicial authority or other State. The total or partial refusal of a request for cooperation must be notified.
Article 4
The Parties shall cooperate in the prevention and search for punishable acts in the various forms of international crime. For these purposes:
1. Parties shall exchange information on persons suspected of participating in the various forms of international crime, the relationship between such persons, the structure, operation and methods of criminal organizations, the circumstances of the crimes committed in this context, and the legal provisions infringed and the measures taken, to the extent necessary for the prevention of such offences;
2. Without prejudice to the observance of the bilateral and multilateral rules of international mutual legal assistance applicable to the two Parties, each Party shall, at the request of the other, take the necessary measures for the implementation of this Agreement, including those relating to the coordination and mutual assistance between the competent authorities;
3. Parties shall exchange information on the methods and new forms of transnational crime. In this context, each Party may make material or samples available to the other, upon request;
4. Parties shall exchange the results of their research in forensics and criminology and mutually reinforce their investigative techniques and methods and their means of combating transnational crime;
5. Parties shall exchange specialists for reciprocal visits to the field of internal security.
Article 5
To prevent the illicit cultivation, extraction, production, import, export, transit and marketing of narcotic drugs, psychotropic substances and their precursors, the two Parties shall take coordinated measures and exchange:
1. Information, to the extent possible, relating to persons involved in the illicit production and trafficking of narcotic drugs and psychotropic substances, and their precursors, the methods they use, their caches and their means of transport, to the places of origin, transit, acquisition and destination of narcotic drugs and psychotropic substances and their precursors, as well as to any specific details relating to such offences, which could help prevent them,
2. Operational information on current methods of illicit international trade in narcotic drugs, psychotropic substances and their chemical precursors;
3. Information on the results of forensic research and criminology in the areas of illicit drug trafficking and psychotropic substances and their abuse;
4. Samples of narcotic drugs and psychotropic substances and chemical precursors that may be subject to abuse or technical information on sampling;
5. Experiences related to the control and diversion of the legal trade in narcotic drugs, psychotropic substances and their precursors, as well as operational information related to it.
Article 6
As part of the fight against terrorism, Parties shall exchange information on:
1. To the acts of terrorism planned or committed, the methods of execution and the technical means used for their commission;
2. Terrorist groups and members of these groups that provide, commit or have committed terrorist acts in the territory of one of the Parties and infringe on the interests of the other.
Article 7
In each of the areas listed in Article 2 of this Agreement, technical cooperation is as follows:
1. General and specialized training;
2. exchanges of information and professional experiences;
3. Technical advice;
4. The exchange of specialized documentation;
5. As necessary, the reciprocal reception of officials and experts.
Technical cooperation that may be implemented in the areas mentioned in this Agreement is subject to prior exchanges of diplomatic correspondence between Parties. As appropriate, technical arrangements between concerned administrations specify the modalities for the practical implementation of the actions that have been taken.
The implementation of technical cooperation is the subject of annual programming. This programming highlights the contribution of each Party within its budgetary resources.
The requesting Party shall provide to all missions of the requested Party the assistance of one or more interpreters.
Article 8
In order to ensure their protection, the nominal data provided to the other Party as part of the cooperation established by this Agreement shall be as follows:
1. The recipient Party of nominative data may only use them for the purposes and conditions defined by the issuing Party, including the deadlines at which such data must be destroyed;
2. The recipient Party of nominative data shall inform the issuing Party, upon request, of the use and results achieved;
3. The issuing Party shall guarantee the accuracy of the information provided after ensuring that the communication is necessary and appropriate to the intended purpose. If it is established that inaccurate or non-communicable data have been transmitted, the issuing Party shall promptly inform the receiving Party that corrects inaccurate data or destroys non-communicable data;
4. Name data must be destroyed as soon as they no longer have use for the recipient Party. The receiving Party shall promptly inform the issuing Party of the destruction of the data provided by specifying the reasons for such destruction;
5. Each Party shall maintain a record of reported data and their destruction;
6. The Parties shall guarantee the protection of the nominal data provided to them against any unauthorized access, modification and publication;
7. In the event of denunciation of this Agreement or its non-reconduction, all nominal data shall be destroyed.
Article 9
The implementation of this Agreement by both Parties does not affect the strengthening of their cooperation within the framework of the United Nations, Interpol or other relevant international organizations.
Article 10
1. Each Party shall guarantee the confidential treatment of the information and documents qualified as such by the other.
2. The materials, samples, objects and information provided under this Agreement may not be transmitted to a third party without the written consent of the Party that provided them.
Article 11
The Parties shall apply this Agreement in accordance with their international commitments.
Any dispute relating to the interpretation or application of this Agreement shall be settled by negotiation between the Parties.
Amendments to this Agreement may be made in the same forms as this text.
Article 12
Each Party shall notify the other without delay of the completion of the required internal procedures, with respect to it, for the entry into force of this Agreement which takes effect on the thirtieth day after the date of the last notification.
This Agreement shall be concluded and valid for a period of five years. It is renewable by tacit renewal for new five-year periods.
Each Party may denounce this Agreement at any time by written notification to the other. This denunciation takes effect three months after its notification date. It does not affect the ongoing cooperation actions, unless the two Parties agree otherwise.
In faith, the representatives of both Parties, duly authorized to do so, have signed this Agreement.
Done in Beijing on 8 January 2004, in two copies, each in French and Chinese languages, both texts being equally authentic.
For the Government
of the French Republic:
Nicolas Sarkozy,
Minister of Interior,
of Internal Security
and local freedoms
For the Government
of the People ' s Republic of
of China:
Zhou Yongkang,
Minister
Public Safety
Done in Paris, October 26, 2007.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
