Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Overseas Minister,
Having regard to the Constitution, including articles 38, 72-3, 74 and 77;
Considering the Geneva Convention of 28 July 1951 relating to the Status of Refugees;
Having regard to the protocol on the Status of Refugees, signed in New York on 31 January 1967;
Seen the civil code;
Considering the Administrative Justice Code;
Considering the criminal code;
Considering the Code of Criminal Procedure;
Considering the Labour Code applicable to Mayotte;
Considering the working code applicable in the territory of the Wallis and Futuna Islands;
Considering the amended Organic Law No. 99-209 of 19 March 1999 on New Caledonia;
Having regard to Organic Law No. 2004-192 of 27 February 2004 on the status of autonomy of French Polynesia;
Having regard to Act No. 52-893 of 25 July 1952 amended on the right to asylum;
Having regard to Act No. 55-1052 of 6 August 1955 conferring administrative and financial autonomy on the French Southern and Antarctic Lands, as amended by Decrees No. 96-200 of 14 March 1996 and No. 2003-1171 of 8 December 2003;
Having regard to Act No. 61-814 of 29 July 1961 as amended conferring on the Wallis and Futuna Islands the status of overseas territory;
Having regard to Act No. 71-569 of 15 July 1971 on the Territory of the French Southern and Antarctic Lands, as amended by Ordinances No. 92-1150 of 12 October 1992 and No. 2000-374 of 26 April 2000;
Having regard to Act No. 78-17 of 6 January 1978, as amended on computers, files and freedoms;
Having regard to amended New Caledonia Act No. 99-210 of 19 March 1999;
Considering Act No. 2001-616 of 11 July 2001 on Mayotte;
Having regard to Act No. 2003-1119 of 26 November 2003 on the control of immigration and residence of foreigners in France and nationality, in particular its article 95;
Considering Act No. 2004-193 of 27 February 2004 supplementing the status of autonomy of French Polynesia;
Having regard to amended Ordinance No. 45-2658 of 2 November 1945 on the conditions of entry and residence of foreigners in France;
In light of amended Order No. 2000-371 of 26 April 2000 on the conditions of entry and residence of foreigners in the Wallis and Futuna Islands;
Having regard to amended Order No. 2000-372 of 26 April 2000 on the conditions of entry and residence of foreigners in French Polynesia;
Having regard to amended Order No. 2000-373 of 26 April 2000 on the conditions of entry and residence of foreigners in Mayotte;
In light of Order No. 2002-388 of 20 March 2002 on the conditions of entry and residence of foreigners in New Caledonia, as amended by Acts No. 2003-239 of 18 March 2003 and No. 2003-1176 of 10 December 2003;
Having regard to the advice of the Superior Council of Administrative Courts and Administrative Appeals Courts of 19 October 2004;
Considering the seizure of the territorial assembly of the Wallis and Futuna Islands on 26 August 2004;
Considering the opinion of the Assembly of French Polynesia of 21 October 2004;
Having regard to the advice of the Mayotte General Council of 22 September 2004;
Considering the seizure of the New Caledonia Congress of 6 September 2004;
Considering the opinion of the Government of New Caledonia of 4 November 2004;
The Council of State heard;
The Council of Ministers heard,
Order:
The above-mentioned Act of 15 July 1971 is amended in accordance with sections 2 to 4 of this Order.
I. - It is created a title I entitled “General Provisions” that includes articles 1 to 6.
II. - It is created a title II entitled " Provisions relating to the conditions of entry and residence of foreigners in the French Southern and Antarctic Lands" which includes articles 7 to 16.
III. - Section 12 becomes Article 16 and the reference to Article 11 is replaced by Article 15.
In article 7 is added a paragraph as follows:
"The provisions of this title shall not apply to diplomatic agents and career consuls. »
After Article 11, articles 12 to 15 are inserted as follows:
“Art. 12. - I. - A fine of not more than EUR 5,000 is punished by the air or marine transport company that arrives in the French Southern and Antarctic Lands, from another State, a foreigner not a national of a Member State of the European Union and deprived of the travel document and, where applicable, of the visa required by the law or international agreement that is applicable to him at reason.
"The same fine shall be punished by the air or marine transport company which, in the course of transit, arrives a foreigner not a national of a Member State of the European Union and shall be deprived of the travel document or visa required by the law or international agreement applicable to it in the light of its nationality and destination.
"The failure is noted by a report prepared by the district chief or the district chief. Copy of the minutes is delivered to the interested transport company. The failure thus noted results in a fine imposed by the competent administrative authority. The fine can be pronounced as many times as there are passengers involved. Its amount is paid to the public treasury by the transportation company.
"The transport company has access to the file and is entitled to submit its written comments within one month on the proposed administrative sanction. The decision of the competent administrative authority, which is reasoned, is subject to an appeal of full jurisdiction.
"The authority cannot inflict fines on facts that go back to more than a year.
"The fine provided for in the first and second paragraphs is reduced to EUR 3,000 per passenger when the company has set up and uses, at the passenger boarding site, an approved digitalization and transmission device to the French border control authorities, travel documents and visas.
"A decree in the Council of State, taken after the advice of the National Commission on Informatics and Freedoms, sets out the modalities for the implementation of the preceding paragraph. It specifies the duration of data retention and the conditions for updating the recorded information, the categories of persons who may access it and the terms and conditions for enabling it, and, where applicable, the conditions under which interested persons may exercise their right of access.
"When the foreigner landed in the French Southern and Antarctic Lands is a minor without a legal representative, the sum of EUR 3,000 or EUR 5,000 must be immediately recorded with the grievor referred to in the third paragraph. All or part of this sum shall be returned to the enterprise according to the amount of the fine subsequently pronounced by the competent administrative authority. If the company does not record the amount, the fine is increased to EUR 6,000 or EUR 10,000 respectively.
“II. - Fines in I are not imposed:
« 1° When the foreigner was admitted to the French Southern and Antarctic Lands as a claim for asylum that was not manifestly unfounded;
« 2° When the transport company determines that the required documents were presented to it at the time of boarding and that they did not contain a manifest irregularity element.
“Art. 13. - I. - Any person who has, by direct or indirect assistance, facilitated or attempted to facilitate the irregular entry, movement or stay of a foreigner in the French Southern and Antarctic Lands will be punished by imprisonment for five years and a fine of EUR 30,000.
"It shall be punishable by the same penalties that have facilitated or attempted to facilitate the irregular entry, movement or stay of a foreigner in the territory of a State party to the protocol against the smuggling of migrants by land, sea and air, supplementing the UN convention against transnational organized crime, signed in Palermo on 12 December 2000.
"For the application of the preceding paragraph, the irregular situation of the foreigner is appreciated in relation to the legislation of the State party concerned. In addition, proceedings may only be brought against the perpetrator of the offence on an official denunciation or on a certificate from the competent authorities of the State party concerned.
"No prosecution may be brought against a person who warrants that he has been tried permanently abroad for the same facts and, in the event of a conviction, that the sentence has been incurred or prescribed.
“II. - Individuals guilty of one of the offences provided for in I also apply the following additional penalties:
« 1° The residence ban for up to five years;
« 2° The temporary or final withdrawal of the administrative authorization to operate either casual or collective services, or a regular service, or an international transport shuttle service;
« 3° Forfeiture of the thing that served or was intended to commit the offence, including any means of transportation, marine or air equipment, or the thing that is the product of it. The costs resulting from the measures necessary to execute the confiscation will be borne by the convicted person. They will be recovered as legal costs;
« 4° The prohibition, for a period of not more than five years, of professional or social activity on the occasion of which the offence was committed, subject to the reservations mentioned in section 131-27 of the Criminal Code.
"A violation of this prohibition shall be punished by imprisonment for two years and a fine of EUR 30,000;
« 5° The prohibition of French territory for a period of not more than 10 years under the conditions provided for in articles 131-30 to 131-30-2 of the Criminal Code. The prohibition of French territory shall, in full right, lead to the reappointment of the convict to the border, if any, upon the expiry of his prison sentence.
"III. - Can not give rise to criminal proceedings on the basis of this article the assistance to the irregular stay of a foreigner when it is the act of any natural or legal person, when the act criticized was, in the face of a present or imminent danger, necessary to safeguard the life or physical integrity of the foreigner, unless there is a disproportionate place between the means employed and the seriousness of the indirect threat or if it has
“Art. 14. - I. The offences set out in I of Article 13 are punishable by ten years imprisonment and EUR 750,000 fine:
« 1° When committed in organized bands;
« 2° When committed in circumstances that directly expose aliens to an immediate risk of death or injury resulting in permanent mutilation or infirmity;
« 3° In the event that aliens are subject to conditions of life, transport, work or accommodation incompatible with the dignity of the human person;
« 4° When they have the effect, for foreign minors, of removing them from their family environment or from their traditional environment.
“II. - In addition to the additional penalties provided for in Article 13, Part II, natural persons convicted under the offences referred to in Article I of this Article shall also be liable to the additional penalty for confiscation of all or part of their property, irrespective of the nature, furniture or buildings, divis or indivis.
"III. - Aliens convicted under one of the offences provided for in the I shall also be subject to the final prohibition of French territory under the conditions laid down in articles 131-30 to 131-30-2 of the Criminal Code.
“Art. 15. - Legal persons may be declared criminally liable under the conditions provided for in article 121-2 of the Criminal Code for offences provided for in articles 13 and 14 of this Act.
"The penalties incurred by legal persons are:
« 1° The fine, in accordance with the terms provided for in Article 131-38 of the Criminal Code;
« 2° The penalties mentioned in 1°, 2°, 3°, 4°, 5°, 8° and 9° of Article 131-39 of the Criminal Code.
"The prohibition referred to in 2° of section 131-39 of the same code relates to the activity in the exercise or in the exercise of which the offence was committed.
"In the event of a conviction for the offences provided for in article 14, the court may order the confiscation of all or part of the property of the convicted legal persons, regardless of the nature, furniture or buildings, divis or indivis. »
Order No. 2000-371 of 26 April 2000 referred to above is amended in accordance with sections 6 to 36 of this Order.
Section 4 is amended as follows:
I. - The 2° is replaced by the following:
« 2° Subject to international conventions, the proof of accommodation provided for in Article 5-1, if required, and other documents provided by decree in the Council of State relating, on the one hand, to the object and conditions of its stay and, on the other, if applicable, to its means of existence, to the care provided by an authorized insurance operator of the medical and hospital expenses, including of "
II. - In the second paragraph of the 3rd paragraph, the words "third paragraph of Article 11" are replaced by the words "second paragraph of Article 11".
After Article 5 is inserted a 5-1 article as follows:
"Art. 5-1. - Any foreigner who claims to stay in the Wallis and Futuna Islands for a period not exceeding three months in the context of a family or private visit must submit a proof of accommodation. This document takes the form of a certificate of acceptance signed by the person who proposes to provide the accommodation of the alien, or his legal representative, and validated by the administrative authority.
"The reception certificate, signed by the host and accompanied by the supporting documents determined by decree in the Council of State, is presented for validation to the electoral district chief.
"It is accompanied by the host's commitment to take charge, for the duration of the visa's validity, and in the event that the foreigner would not be able to, the residence fees in the Wallis and Futuna islands of the latter, limited to the amount of the resources required from abroad for his entry to the Wallis and Futuna islands in the absence of a reception certificate.
"The electoral district chief may refuse to validate the hospitality certificate in the following cases:
" - the host cannot present the required supporting documents;
" - it appears, either from the content of the attestation and the supporting documents presented, or from the verification carried out at the home of the host, that the foreigner cannot be accommodated under normal housing conditions;
" - the references on the certificate are inaccurate;
" - the certificates previously signed by the host revealed, if necessary after investigation requested by the authority responsible for validating the reception certificate to the gendarmerie units, a diversion of the procedure.
"At the request of the Chief Electoral Officer, specially authorized officers of the services of the Chief Administrative Officer of the Wallis and Futuna Islands responsible for social affairs or housing may conduct on-site audits. Agents who are authorized to conduct these checks may only enter the host's home after they have ascertained the written consent of the host. In the event of a refusal of the host, the conditions for a reception under normal housing conditions are deemed to be unfulfilled.
"Requests for validation of reception certificates can be memorized and are subject to automated processing in order to combat procedural misappropriation. The corresponding files are set up by the electoral district chiefs, according to provisions determined by a decree in the Council of State, taken after notice of the National Commission of Computer Science and Freedoms. This decree specifies the duration of retention and the conditions for updating the recorded information, the terms and conditions for enabling persons to consult these files and, where applicable, the conditions under which interested persons may exercise their right of access.
"For stays covered by this article, the insurance obligation provided for in 2° of Article 4 may be satisfied by an insurance that has the same scope for the benefit of the foreigner by the person who proposes to host it.
"A decree in the Council of State sets out the conditions for the application of this article, including the conditions under which the alien may be exempted from the proof of accommodation in the event of a stay of a humanitarian character or cultural exchange, or when he asks to visit the Wallis and Futuna Islands for an urgent medical cause or because of the funeral or serious illness of a loved one. »
Section 6 is replaced by the following:
“Art. 6. - Subject to the provisions of Article 13 or the stipulations of an international agreement, a foreigner over the age of eighteen who wishes to stay in the Wallis and Futuna Islands shall, after the expiration of a period of three months since his entry into the territory of the Wallis and Futuna Islands, be provided with a residence permit.
"This map is:
" - a temporary residence card, whose conditions of issuance and renewal are set out in Chapter I of Title II. The temporary residence card is valid for up to one year. A foreigner who stays under a temporary residence permit may apply for the issuance of a resident card under the conditions set out in sections 19 or 20;
"-a resident card, whose conditions of issuance and renewal are set out in Part II. The resident card is valid for a period of ten years.
"When the law so provides, the issue of a first resident card is subordinate to the republican integration of the foreigner into French society, particularly in view of his sufficient knowledge of the French language and the principles that govern the French Republic. The resident card is revolving in full law, except in the cases provided for in this order.
"For the assessment of the condition of integration, the senior administrator of the Wallis and Futuna Islands may, for advice, appeal to the chief electoral district of the place of residence of the foreigner requesting the resident card.
"When an application for asylum has been definitively rejected, the foreigner seeking the issuance of a residence permit must justify, in order to obtain this title, that he meets all the conditions provided for in this order and the decrees made for its application.
"The three-month period provided for in the first paragraph may be amended by a joint order of the Minister of the Interior and the Minister responsible for the overseas. »
After Article 6 is inserted an article 6-1 as follows:
"Art. 6-1. - The detention of a receipt of an application for the issuance or renewal of a residence permit, a receipt of a asylum application or a temporary residence permit authorizes the presence of a foreigner in the Wallis and Futuna Islands without prejudice to the final decision that will be taken under his right to stay. Except as expressly provided for by law or regulations, these documents do not allow their holders to engage in professional activity.
"From the date of expiry of the resident card or a residence permit for a period of more than one year provided for by an international stipulation and the decision of the administrative authority on the application for its renewal, within three months of that expiry date, the foreigner may also justify the regularity of his or her stay by the presentation of the card or title that has expired. During this period, he retains all his social rights and his right to work.
"Unless it was a foreigner who was recognized as a refugee, the issuance of a temporary residence permit, a receipt of a residence permit or a receipt of a refugee claim does not have the effect of regularizing the conditions of entry into the Wallis and Futuna Islands. »
Section 10 is amended as follows:
I. - The first sentence of the first paragraph is replaced by the following:
"In order to better guarantee the right to stay of people in a regular situation and to fight against the irregular entry and stay of foreigners in the Wallis and Futuna Islands, fingerprints as well as a photograph of foreign nationals not nationals of a Member State of the European Union who request the issuance of a residence permit under the conditions laid down in Article 6 may be taken up, stored and subject to an automatic treatment prescribed by law »
II. - It is added a last paragraph as follows:
"A decree in the Council of State, taken after the advice of the National Commission of Computer Science and Freedoms, sets out the modalities for the application of this article. It specifies the retention period and the conditions for updating the recorded information, the terms and conditions for enabling persons to access it, and, where applicable, the conditions under which interested persons may exercise their right of access. »
After Article 10 is inserted in Title I an article 10-1 as follows:
"Art. 10-1. - In order to better guarantee the right to stay of people in a regular situation and to fight against the irregular entry and stay of foreigners in the Wallis and Futuna Islands, fingerprints as well as a photograph of foreign nationals who request the issuance of a visa to a consulate in order to stay in the Wallis and Futuna Islands, can be taken up, memorized and subject to an automated treatment in January 1978
"These prints and photographs are mandatory when a visa is issued.
"A decree in the Council of State, taken after the advice of the National Commission of Computer Science and Freedoms, sets out the modalities for the application of this article. It specifies the retention period and the conditions for updating the recorded information, the categories of persons able to access it and the terms and conditions for enabling it and, where applicable, the conditions under which interested persons may exercise their right of access. »
Section 11 is amended as follows:
I. - The first paragraph is repealed.
II. - In the second sentence of the second paragraph, after the words: "temporary residence card" are inserted the words: "or a resident card under section 19".
Section 15 is amended as follows:
I. - The penultimate paragraph is supplemented by the words: "as well as any foreigner who ignores these same provisions or who engages in non-employed work without having received their authorization."
II. - In the last paragraph, after the words: "competent to criminal proceedings on the basis of the articles", the references are inserted: "222-39, 222-39-1,".
Section 16 is amended as follows:
I. - At 1°, after the words: "temporary residence card", are inserted the words: "or resident card", and the words: "holder of this card" are replaced by the words: "holder of either of these cards".
II. - At 2°, after the words: "was regular," the words are inserted: "that the community of life has not ceased."
III. - After the words: "on condition that it", the end of the 4th is thus written: "to make an effective contribution to the maintenance and education of the child under the conditions provided for in article 371-2 of the Civil Code since the birth of the child or for at least one year; "
IV. - The 7th is supplemented by two sentences as follows:
"The decision to issue the residence permit is taken by the senior administrator of the Wallis and Futuna Islands, after the advice of the public health inspector or, if not, after a doctor's opinion designated by the director of the health agency of the Wallis and Futuna Islands. This doctor may summon the applicant for a medical consultation before a medical commission whose composition is fixed by decree in the Council of State. »
V. - It is supplemented by two paragraphs as follows:
"However, when the community of life was broken on the initiative of the foreigner because of the domestic violence he suffered on the part of his spouse, the senior administrator of the Wallis Islands and Futuna may grant the renewal of the title.
"The access of the French child to the majority is not an obstacle to the renewal of the residence card issued under the 4th. »
Section 19 is replaced by the following:
“Art. 19. - A foreigner who justifies an uninterrupted residence in accordance with the laws and regulations in force, for at least five years in the Wallis and Futuna Islands, may obtain a resident card. The decision to grant or refuse the resident card is taken taking into account the facts that it may invoke in support of its intention to establish itself permanently in the Wallis and Futuna Islands, its means of existence and the conditions of its professional activity if it has one.
"The resident card may also be granted:
“(a) To spouse and minor children or in the year following their eighteenth anniversary of a foreigner holding the resident card, who were allowed to stay in the Wallis and Futuna Islands for family reunification and who justify an uninterrupted residence, in accordance with existing laws and regulations, of at least two years in the Wallis and Futuna Islands;
“(b) A foreigner who is a father or mother of a French child residing in France and has been a holder for at least two years of the temporary residence permit referred to in the 4th of Article 16, provided that he still meets the conditions for obtaining this temporary residence permit and that he does not live in a state of polygamy.
"The child referred to in this section means a legitimate or natural child with a legally established filiation as well as a adopted child, by virtue of an adoption decision, subject to the public prosecutor's verification of the regularity of the child when it was pronounced abroad.
"In all cases provided for in this article, the decision to grant the resident card is subject to the Republican integration of the foreigner into French society under the conditions provided for in Article 6.
"The resident card may be refused to any foreigner whose presence constitutes a threat to public order. »
Section 20 is amended as follows:
I. - In the first paragraph, the words "at 1° to 4°" are replaced by the words "at 1° and 2°".
II. - At 1°, the words "one year" are replaced by the words "two years".
III. - The 3°, 4° and 12° are repealed.
IV. - In the penultimate paragraph, the references: "3°, 4°" are deleted.
Section 27 is amended as follows:
I. - After the first paragraph of I is inserted a sub-paragraph as follows:
"The same fine shall be punished by the air or marine transport company which, in the course of transit, arrives a foreigner not a national of a Member State of the European Union and shall be deprived of the travel document or visa required by the law or international agreement applicable to it in the light of its nationality and destination. »
II. - I is supplemented by three sub-items:
"The fine in the first and second paragraphs is reduced to 358,000 PSCs per passenger when the company has set up and uses, at the passenger boarding site, an approved digitalization and transmission device to the French border control authorities, travel documents and visas.
"A decree in the Council of State, taken after the advice of the National Commission on Informatics and Freedoms, sets out the modalities for the implementation of the preceding paragraph. It specifies the duration of data retention and the conditions for updating the recorded information, the categories of persons who may access it and the terms and conditions for enabling it, and, where applicable, the conditions under which interested persons may exercise their right of access.
"When the foreigner landed in the Wallis and Futuna Islands is a minor without a legal representative, the sum of 358,000 PSCs or 909 000 PSCs must be immediately recorded with the grievor referred to in the third paragraph. All or part of this amount is returned to the company according to the amount of the fine subsequently issued by the Minister of the Interior. If the company does not record the amount, the amount of the fine is increased to 1,090,000 PSCs or 1,818,000 PSCs respectively. A decree in the Council of State sets the conditions for this consignation and its possible restitution, in particular the maximum period in which such restitution must intervene. »
III. - II is replaced by the following:
“II. - Fines in I are not imposed:
« 1° When the foreigner was admitted to the Wallis and Futuna Islands under an asylum application that was not manifestly unfounded;
« 2° When the transport company determines that the required documents were presented to it at the time of boarding and that they do not include a manifest irregularity element. »
Section 28 is amended as follows:
I. - In the first paragraph of I, the words ", while in the Wallis and Futuna Islands," are deleted.
II. - The second paragraph of I is replaced by the following:
"It shall be punishable by the same penalties that have facilitated or attempted to facilitate the irregular entry, movement or stay of a foreigner in the territory of a State party to the protocol against the smuggling of migrants by land, sea and air, supplementing the UN convention against transnational organized crime, signed in Palermo on 12 December 2000. »
III. - Prior to the last paragraph of I, a sub-item reads as follows:
"For the application of the second paragraph, the irregular situation of the foreigner is appreciated under the legislation of the State party concerned. In addition, proceedings may only be brought against the perpetrator of the offence on an official denunciation or on a certificate from the competent authorities of the State party concerned. »
IV. - II is replaced by the following:
“II. - Individuals guilty of one of the offences provided for in this article shall also be liable to the following additional penalties:
« 1° The residence ban for up to five years;
« 2° The suspension, for a maximum of five years, of the driver's licence. This may be doubled in the event of recurrence;
« 3° The temporary or final withdrawal of the administrative authorization to operate either casual or collective services, or a regular service, or an international transport shuttle service;
« 4° Forfeiture of the thing that served or was intended to commit the offence, including any means of transportation or land, river, sea or air, or the thing that is the product of it. The costs resulting from the measures necessary to execute the confiscation will be borne by the convicted person. They will be recovered as legal costs;
« 5° The prohibition for a period of not more than five years of professional or social activity on the occasion of which the offence was committed, subject to the reservations mentioned in section 131-27 of the Criminal Code.
"A violation of this prohibition shall be punished by imprisonment for two years and a fine of 3,636,000 PSC;
« 6° The prohibition of French territory for a period of not more than 10 years under the conditions and under the provisions of articles 131-30 to 131-30-2 of the Criminal Code. The prohibition of French territory shall, in full right, lead to the reappointment of the convict to the border, if any, upon the expiry of his prison sentence. »
V. - In the first paragraph of the III, the words: "Without prejudice to section 26" are replaced by the words: "Without prejudice to sections 26 and 29-1."
VI. - The 1st of the III is supplemented by the words: ", unless the spouses are separated from the body, have a separate domicile or have been allowed to reside separately".
VII. - The 2° of the III is replaced by the following:
« 2° From the spouse of the foreigner, unless they are separated from the body, have been allowed to reside separately or if the community of life has ceased, or from the person who is notoriously living in a marital situation with him; "
VIII. - The III is supplemented by a 3° as follows:
« 3° Any natural or legal person, where the deed was, in the face of a present or imminent danger, necessary for the safeguarding of the life or physical integrity of the alien, except where there is a disproportion between the means employed and the gravity of the threat or if it has given rise to a direct or indirect counterpart. »
After Article 28, an article 28-1 is inserted as follows:
"Art. 28-1. - I. - The offences under section 28 I are punishable by ten years' imprisonment and 89,500,000 CFP fines:
« 1° When committed in organized bands;
« 2° When committed in circumstances that directly expose aliens to an immediate risk of death or injury resulting in permanent mutilation or infirmity;
« 3° In the event that aliens are subject to conditions of life, transport, work or accommodation incompatible with the dignity of the human person;
« 4° When committed by means of an authorization or traffic in a reserved area of an aerodrome or port;
« 5° When they have the effect, for foreign minors, of removing them from their family environment or from their traditional environment.
“II. - In addition to the additional penalties provided for in Article 28, the natural persons convicted under the offences referred to in Article I of this Article shall also be liable to the additional punishment for confiscation of all or part of their property, irrespective of the nature, furniture or buildings, divis or indivis.
"III. - Aliens convicted under one of the offences provided for in the I shall also be subject to the final prohibition of French territory under the conditions laid down in articles 131-30 to 131-30-2 of the Criminal Code. »
Section 29 is amended as follows:
I. - In the first paragraph, the words "of the offence under section 28" are replaced by the words "of the offences provided for in sections 28 and 28-1".
II. - It is supplemented by a sub-item:
"In the event of a conviction for the offences set out in I of Article 28-1, the court may order the confiscation of all or part of the property of convicted legal persons, irrespective of the nature, furniture or buildings, divis or indivis. »
After Article 29 are inserted in Title III two articles 29-1 and 29-2 as follows:
"Art. 29-1. - I. - The contracting of a marriage for the sole purpose of obtaining, or obtaining, a residence permit, or for the sole purpose of acquiring, or acquiring, French nationality is punishable by five years' imprisonment and 1 790 000 CFP of fine.
"These same penalties are applicable in the event of an organization or attempt to organize a marriage for the same purposes.
"They are sentenced to ten years in prison and 89,500,000 CFPs when the offence is committed in organized bands.
"People guilty of any of the offences referred to in this section shall also be liable to the following additional penalties:
« 1° The residence ban for up to five years;
« 2° The prohibition of French territory, under the conditions provided for in articles 131-30 to 131-30-2 of the Criminal Code, for a period of not more than 10 years or for a final period;
« 3° The prohibition, for a period of not more than five years, of professional or social activity on the occasion of which the offence was committed, subject to the reservations mentioned in section 131-27 of the Criminal Code.
"The natural persons convicted under the offence referred to in the third paragraph shall also be liable to the additional penalty for confiscation of all or part of their property, irrespective of the nature, furniture or buildings, divis or indivis.
“II. - Legal persons may be declared criminally liable under the conditions provided for in article 121-2 of the Criminal Code for offences under the second and third paragraphs of I of this article.
"The penalties incurred by legal persons are:
« 1° The fine, in accordance with the terms provided for in Article 131-38 of the Criminal Code;
« 2° The penalties mentioned in 1°, 2°, 3°, 4°, 5° and 9° of Article 131-39 of the Criminal Code.
"The prohibition referred to in 2° of section 131-39 of the same code relates to the activity in the exercise or in the exercise of which the offence was committed.
"The legal persons convicted under the offence referred to in third paragraph I of this article shall also be liable to the confiscation of all or part of their property, irrespective of the nature, furniture or buildings, divis or indivis.
"Art. 29-2. - Without prejudice to the legal proceedings that may be brought against it, the employer who has occupied a foreign worker in an irregular situation of residence will pay a flat fee representative of the costs of rerouting the alien to his country of origin. The total amount of monetary penalties for the employment of an alien in an irregular situation of residence shall not exceed the amount of the criminal penalties provided for in the local provisions relating to the employment of the foreign labour force or, if the employer enters the scope of these provisions, the amount of the penal sanctions provided for in sections 28 to 29 of this order.
"The terms and conditions for the application of this article are set by decree in the Council of State. »
Section 30 is amended as follows:
I. - The 2° is supplemented by the words: "or if during this same period the foreigner has misunderstood the provisions in force locally relating to the employment of the foreign labour force; "
II. - In the last paragraph, the words: "immediately put in place" are replaced by the words: "as soon as possible put in place."
Section 31 is supplemented by a paragraph to read:
"In addition, without prejudice to the provisions of the preceding paragraph, the grounds for the expulsion order shall be reviewed every five years from the date of adoption of the order. This review takes into account the evolution of the threat posed by the presence of the individual in the Wallis and Futuna Islands for public order, the changes in his personal and family situation, and the guarantees of professional or social reintegration he presents, with a view to eventually repealing the order. Abroad may make written submissions. Failing to notify the person concerned of an explicit decision to repeal within two months, this review is deemed to have led to an implicit decision refusing the repeal. This decision is subject to appeal under the conditions set out in the Administrative Justice Code in respect of excess power. The review does not result in consultation with the commission under section 32. »
Section 33 is replaced by the following:
“Art. 33. - Subject to the provisions of section 34, a deportation order may not be issued under section 31:
« 1° The foreigner, who does not live in a state of polygamy, who is the father or mother of a minor French child residing in the territory of the Republic, provided that he or she determines to contribute effectively to the maintenance and education of the child under the conditions provided for in article 371-2 of the Civil Code since the birth of the child or for at least one year;
« 2° The foreigner who has been married for at least two years with a spouse of French nationality, provided that the community of life has not ceased and that the spouse has retained French nationality;
« 3° The foreigner who justifies by any means that he or she has been in the territory of the Republic for more than fifteen years, unless he or she has been, throughout this period, a temporary residence permit bearing the mention "student;
« 4° The foreigner who has been residing regularly in the territory of the Republic for more than ten years, unless he has been, throughout this period, holder of a temporary residence permit bearing the mention "student;
« 5° A foreigner who has an employment accident or occupational illness annuity served by a French organization and whose permanent incapacity rate is equal to or greater than 20%.
"These same foreigners may not be subject to a deportation measure at the border pursuant to Article 30.
"By derogation from the provisions of this article, a foreigner may be subjected to an expulsion order pursuant to sections 31 and 32 if he or she has been permanently sentenced to imprisonment for at least five years. »
After article 33 is inserted an article 33-1 as follows:
"Art. 33-1. - The expulsion may be pronounced:
« 1° In the event of an absolute emergency, by derogation from Article 32;
« 2° When it constitutes a compelling necessity for State security or public security, by derogation from Article 33;
« 3° In the event of an absolute emergency and where it constitutes an imperative necessity for the security of the State or public security, by derogation from Articles 32 and 33. »
Section 34 is replaced by the following:
“Art. 34. - I. - Except in the case of behaviours that affect the fundamental interests of the State, or related to activities of a terrorist character, or that constitute acts of provocation to discrimination, hatred or violence because of the origin or religion of persons, may not be subject to expulsion, including in the assumptions mentioned in the last paragraph of Article 33:
« 1° The foreigner who justifies by any means habitually resides in the territory of the Republic since he reached the age of thirteen;
« 2° The foreigner who has lived regularly in the territory of the Republic for more than twenty years;
« 3° The foreigner who has been residing regularly in the territory of the Republic for more than ten years and who, not living in a state of polygamy, has been married for at least three years either with a French national who has retained French nationality or with a foreign national under the 1°, provided that the community of life has not ceased;
« 4° The foreigner who has lived regularly in the territory of the Republic for more than ten years and who, not living in a state of polygamy, is the father or mother of a minor French child residing in the territory of the Republic, provided that he or she determines to contribute effectively to the maintenance and education of the child under the conditions provided for in Article 371-2 of the Civil Code since the birth of the child or for at least one year;
« 5° The foreigner usually residing in the territory of the Republic whose state of health requires medical care, which may result in the consequences of exceptional gravity for the foreigner, provided that he or she cannot effectively receive appropriate treatment in the country of return.
"The provisions set out in 3° and 4° are, however, not applicable when the facts at the origin of the expulsion measure were committed against the spouse or children of the foreign country.
"Unless in the event of an absolute emergency, the provisions of Article 32 shall apply to aliens expelled on the basis of this Article.
"These same foreigners may not be subject to a deportation measure at the border pursuant to Article 30.
“II. - A minor alien of eighteen years of age may not be subject to an expulsion order or to a deportation measure to the border under Article 30. »
After section 39 are inserted articles 39-1 and 39-2 as follows:
"Art. 39-1. - Can also be the subject of an arrest of a foreign national who has been the subject of an expulsion order that has not been executed when his state of health requires medical care, the failure of which could lead to the consequences of exceptional gravity, provided that he cannot effectively benefit from appropriate treatment in the country of return. This measure is accompanied by a work authorization. The reporting obligations to the gendarmerie units as well as the penalties for non-compliance with the requirements of the residential assignment provided for in section 39 are applicable.
"Art. 39-2. - May also be subject to an order of arrest in residence, on a probatory and exceptional basis, the alien who is subject to an expulsion order on the basis of the last paragraph of article 33 or of the second paragraph of article 33-1. This measure is accompanied by a work authorization. It may be repealed at any time in the event of new acts constituting conduct that is harmful to public order. The reporting obligations to the gendarmerie units as well as the penalties for non-compliance with the requirements of the residential assignment provided for in section 39 are applicable. »
Section 40 is replaced by the following:
“Art. 40. - A request for an extension of a ban on the territory or for the repeal of an expulsion order submitted after the expiry of the administrative appeal period shall not be granted unless the foreign national resides outside the territory of the Republic. However, this condition is not required:
« 1° For the implementation of the third paragraph of Article 31;
« 2° During the time when the foreign national is sentenced to imprisonment on the territory of the Republic;
« 3° Where a foreigner is subject to a residential summons under section 39, section 39-1 or section 39-2. »
Section 42 is amended as follows:
I. - II, III and IV are replaced by the following provisions:
“II. - The authorization to enter the Wallis and Futuna Islands as part of the family reunification procedure is given by the senior administrator, after verification of the conditions of resources and housing by the foreign exchange chief or the electoral district chief in which he intends to settle.
"In order to verify the conditions of housing and resources, the Chief Electoral Officer shall examine the required supporting documents to be determined by order. Specially authorized officers of the higher administrator's services in the Wallis and Futuna Islands responsible for social affairs or housing may enter the housing. They must ensure prior written consent from the occupant. In the event of a refusal by the occupant, the housing conditions for family reunification are deemed to be unfulfilled. When these audits were not conducted because the applicant did not yet have the necessary accommodation at the time of application, family reunification may be allowed if the other conditions are met and after the Chief Electoral Officer has verified on exhibit the characteristics of the accommodation and the date on which the applicant is provided.
"At the end of the instruction, the Chief Electoral Officer issues a reasoned opinion. This notice is deemed to be in favour of the expiration of two months from the communication of the file by the senior administrator in the Wallis and Futuna Islands.
"The senior administrator in the Wallis and Futuna Islands shall rule on the application within six months of the filing by the foreigner of the full file of the application.
"The decision of the senior administrator in the Wallis and Futuna Islands authorizing the entry of family members into the territory of the Wallis and Futuna Islands is null and void if the consolidation did not take place within a prescribed time limit. In the event of the application of the stay procedure to the granting of a visa provided for in the last two paragraphs of Article 47, this period only runs from the date of issuance of the visa.
"III. - Members of the family who have entered the Wallis and Futuna Islands regularly for family reunification are entitled to a temporary residence permit as soon as they are detained.
"IV. - In the event of a breakdown of the common life, the temporary residence card that has been handed over to a foreigner's spouse may, for the two years following its issuance, be subject to withdrawal or refusal to renew. When the rupture of the common life is preceded by the issuance of the title, the senior administrator in the Wallis and Futuna Islands refuses to issue the temporary residence permit.
"However, when the community of life was broken on the initiative of the foreigner because of the domestic violence he suffered on the part of his spouse, the senior administrator in the Wallis and Futuna Islands can grant the renewal of the title. »
II. - After the IV, an IV bis is inserted as follows:
"IV bis. - The residence of a foreigner who does not enter the categories referred to in section 33 and section 34 may be subject to a withdrawal when the holder has brought his spouse or children outside the family reunification procedure. »
Section 46 is replaced by the following:
“Art. 46. - The alien to whom the recognition of refugee status or the benefit of subsidiary protection has been definitively refused, and who cannot be allowed to remain in the Wallis and Futuna Islands on another basis, must leave the Wallis and Futuna Islands, under penalty of being subject to a removal measure provided for in Article 30 and, where applicable, the penalties provided for in Article 26. »
Section 47 is amended as follows:
I. - After the words "to the provisions" are inserted the words "of the second paragraph".
II. - It is supplemented by three paragraphs:
"Diplomatic or consular agents may also, on their own initiative, proceed with the legalization or verification of any foreign civil registration in the event of a doubt about the authenticity of this document, when they are seized with a visa application or a request for a transcript of a civil registration.
"For these audits and by derogation from the provisions of Article 21 of Act No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with the administrations, the diplomatic and consular authorities shall continue to rule on the visa application submitted by the person presuming the litigious civil status act, for a period not exceeding four months.
"When, despite the due diligence, these checks have not been completed, the suspension may be extended for a strictly necessary period and may not exceed four months. »
Section 48 is replaced by the following:
“Art. 48. - I. - The detention of a foreigner in non-custodial premises may be ordered when the alien:
« 1° Either, subject to an expulsion order, cannot immediately leave the Wallis and Futuna Islands;
« 2° Either, subject to a deportation order on the border under Article 30, cannot immediately leave the Wallis and Futuna Islands;
« 3° However, having been the subject of an investment decision under one of the previous cases, has not referred to the removal measure of which it is the subject within seven days of the term of the previous placement or, having referred to it, has returned to the Wallis and Futuna Islands while this measure is still enforceable.
"The placement decision is taken by the senior administrator of the Wallis and Futuna Islands, after the arrest of the foreigner and, if applicable, at the expiry of his custody, or at the end of his detention period. It is written and motivated. The double is handed over to the interested party. The public prosecutor is immediately informed of this.
"The foreigner is informed, in a language he understands and as soon as possible that, during the entire period of detention, he may request the assistance of an interpreter, counsel and a doctor, and contact his consulate and a person of his choice.
"When he arrives at the detention centre, the foreigner receives notification of the rights he is likely to exercise in respect of asylum applications. In particular, the Committee is advised that its application for asylum will no longer be admissible during the period of detention if it is made more than five days after that notification.
"When a five-day period has elapsed since the detention decision, the Justice of Freedoms and Detention is seized for the purpose of extending detention. He decides by order, after hearing of the representative of the administration, if the official duly summoned is present, and the person concerned in the presence of his council, if he has one. If a courtroom assigned to the Ministry of Justice allowing him to publicly decide has been specially arranged in the immediate vicinity of the place of detention, he decides in this room. The judge shall remind the foreigner of the rights recognized to him during the detention and shall ensure, according to the records set out in this article, which the individual was, at the time of notification of the placement decision, fully informed of his rights and placed in a position to assert them. It informs it of the possibilities and deadlines for appeal against all decisions concerning it. The person concerned shall be kept at the disposal of the court during the strictly necessary time for the hearing and the order to be delivered.
"The order to extend the retention shall be short of the expiry of the five-day period set out in the eighth paragraph of the I.
"On an exceptional basis, the judge may order the summons to the residence of the alien where he has effective representation guarantees, after handing over to a gendarmerie unit the original of the passport and any supporting document of his or her identity, in exchange for a receipt that will justify the identity, and on which the reference to the expulsion measure pending execution is made. A residence summons for a foreigner who has previously been exempted from the execution of a deportation measure at the current border, a ban on the territory of which he has not been relieved, or an expulsion measure in force must be the subject of special motivation.
"The foreigner is obliged to reside in the places set by the judge and must report periodically to the gendarmerie units for the execution of the removal measure. In the event of failure to comply with the obligations of residential assignment, the provisions of the first paragraph of section 36 shall apply. The public prosecutor is seized as soon as possible.
"When an order terminates detention or assigns the alien to residence, it is immediately notified to the public prosecutor. Unless otherwise provided by the court, the foreigner is then held at the disposal of the court for a period of four hours from the date of notification to the public prosecutor.
“II. - The application of these measures shall end no later than the expiry of a seven-day period from the extension order. This period may be extended for a maximum of four days by order of the judge, and in the forms indicated in the eighth paragraph of the I, in the event of an absolute emergency and of a particular serious threat to public order; it may also be when the impossibility of performing the removal measure results from the loss or destruction of the travel documents of the interested person, from the concealment by the latter of his or her identity or from the voluntary obstruction made to his or her removal.
"III. - Orders referred to in I and II are subject to appeal to the first president of the Court of Appeal or his delegate, who is seized without form and must rule within 48 hours, the current period from his referral; the appeal may be formed by the interested person, the public ministry and the senior administrator of the Wallis and Futuna Islands; The appeal is not suspensive. However, the Public Prosecutor's Office may request the first president of the Court of Appeal or his or her delegate to declare his or her suspensive appeal when it appears that the person concerned does not have effective representation guarantees or in the event of a serious threat to public order. In this case, the appeal, together with the application that refers to the absence of effective representation guarantees or to the serious threat to public order, is filed within four hours of the notification of the order to the public prosecutor and transmitted to the first president of the Court of Appeal or to his delegate. The appeal shall, without delay, decide whether it is necessary to give the appeal a suspensive effect, depending on the guarantees of representation available to the foreigner or the serious threat to public order, by a reasoned order made contradictoryly that is not subject to appeal. The interested party is kept at the disposal of the justice system until the order is issued and, if it gives a suspensive effect to the Public Prosecutor's appeal, until it is decided on the merits.
"IV. - The person concerned can benefit from legal aid.
"By a decision of the judge on the proposal of the superior administrator of the Wallis and Futuna Islands and with the consent of the foreigner, the hearings provided for in I, II and III may take place with the use of audiovisual telecommunications means guaranteeing the confidentiality of the transmission. In each of the two courtrooms open to the public, a record of the transactions is drawn up.
"In all places receiving persons placed or maintained under this section, a register shall be held in respect of the civil status of such persons and the conditions of their placement or retention.
"The senior administrator of the Wallis and Futuna Islands shall be at the disposal of the persons who request the information regarding the date and time of the placement of each alien in custody, the exact location of the alien and the date and time of the extension decisions.
"In case of necessity and for the duration of detention, the senior administrator of the Wallis and Futuna Islands may decide to move the foreigner from a place of detention to another place of detention, subject to informing the prosecutor of the Republic, and after the first order of extension, the judge of freedoms and detention.
“During the entire period of detention, the prosecutor of the Republic or the judge of freedoms and detention may be transported to the premises, verify the conditions of detention and communicate the register referred to in the second paragraph of IV. The Public Prosecutor visits places of detention whenever he considers it necessary and at least once a year.
"In each place of detention, a space for lawyers to speak confidentially with detained foreigners is provided. For this purpose, except in case of force majeure, it is accessible under any circumstances upon request of the lawyer. A decree in the Council of State specifies, as appropriate, the modalities under which the assistance of these interveners is exercised.
"Unless in the event of a threat to public order within or outside the place of detention, or if the person does not appear psychologically to be able to receive this information, the foreigner is informed by the person in charge of the place of detention of all travel forecasts concerning him: hearings, presentation at the consulate, conditions of departure. In each place of detention, a document written in the languages most commonly used and defined by order, describing the rights of the foreigner during the removal and detention procedure, as well as their conditions of exercise, is made available to foreigners. The lack of understanding of the provisions of this paragraph is without consequence on the regularity and validity of removal and retention procedures.
"A decree in the Council of State defines the conditions under which foreigners held in custody receive reception, information and support actions to enable the effective exercise of their rights and prepare their departure.
"V. - A foreigner may only be placed or held in custody for the time strictly necessary for his departure. The administration must exercise due diligence to this effect.
"If the removal measure is cancelled by the administrative judge, it is immediately terminated the retention of the alien in custody and the foreigner is provided with a temporary residence permit until the senior administrator of the Wallis and Futuna Islands has again ruled on his case.
"If the foreigner is terminated in custody for a reason other than the administrative judge's cancellation of the removal measure, the judge of freedoms and detention reminds the foreigner of his obligation to leave the territory. If the foreigner is released on the expiry of the retention period, due to the lack of enforcement of the removal measure, the head of the detention centre does the same. The lack of understanding of the provisions of this paragraph is without consequence on the regularity and validity of subsequent removal and retention procedures.
"VI. - The prohibition of the territory imposed as a principal penalty and with provisional execution shall, in full right, result in the placement of the alien in places not falling within the prison administration, under the conditions defined in this article, during the strictly necessary time for his departure. The sixth paragraph of I is applicable. When a period of forty-eight hours has elapsed since the sentence was pronounced, the last three paragraphs of I and II to VII are applied.
"The prohibition of the territory imposed as a supplementary penalty may also give rise to the placement of the foreigner in places not falling within the prison administration, if applicable at the expiry of his prison sentence, under the conditions set out in this section.
« VII. - The appeal of a decision by the criminal court may be appealed by the foreigner placed or maintained in a place of detention by means of a statement to the head of the centre or the detention facility. The same is true of the appeal in cassation.
"This statement is found, dated and signed by the head of the centre or local. It is also signed by the foreigner. If the head of institution cannot sign, the head of institution shall mention it. This document is sent without delay, in original or in copy to the court office which rendered the decision under appeal. It is transcribed on the register provided by, as the case may be, the third paragraph of Article 380-12, the third paragraph of Article 502 or the third paragraph of Article 576 of the Code of Criminal Procedure, and annexed to the act prepared by the Registrar.
"When a foreigner is sentenced in the first instance to a ban on the territory as a principal penalty with provisional execution and the removal of the territory takes place before the date of the appeal hearing, his lawyer must be heard at the appeal hearing if he makes the request. The same is true of the lawyer who was commissioned on his own behalf when the foreigner requested the benefit of counsel in his appeal. »
Section 50 is amended as follows:
I. - In the first paragraph of I, the words: "a port or airport" are replaced by the words: "a port or near the landing place, or at an airport."
II. - The second paragraph of I is replaced by the following:
"He is informed, as soon as possible, that he may request assistance from an interpreter and a doctor, contact a counsel or any person of his or her choice and leave the waiting area at any time for any destination outside the territory of the Republic. This information is communicated to him in a language he understands. Mention is made on the register mentioned below, which is started by the interested party. »
III. - The fifth paragraph of I is replaced by the following:
"The waiting area is defined by the senior administrator in the Wallis and Futuna Islands. It extends from boarding and landing points to those where people's controls are carried out. It may include, on the right-of-way or near the port or airport or near the landing site, one or more accommodation facilities for the aliens concerned with hotel-type services.
"In these places of accommodation, a space for counsel, lawyers or accredited persons to speak confidentially with foreigners is provided. For this purpose, except in the event of force majeure, it is accessible under any circumstances upon request of the board. »
IV. - I is supplemented by a sub-item:
"The waiting area extends, without any need for a specific decision, to the places in which the foreigner must go either within the current procedure or in the event of a medical need. »
V. - In the first paragraph of the second paragraph, the words: "Chief of the Border Control Service or of an official designated by him, who holds at least the rank of inspector" are replaced by the words: "Chief of the National Gendarmerie Unit or the Customs Service, responsible for border control, or of an official designated by him, holder at least of the rank of brigadier in the first case and of the second grade."
VI. - The second paragraph of the second paragraph is supplemented by a sentence as follows:
"When the notification made abroad mentions that the prosecutor of the Republic has been informed without delay of the decision to maintain the waiting area or its renewal, that statement shall be deemed to be contrary. »
VII. - The third paragraph of II is repealed.
VIII. - In the first sentence of the first paragraph of the III, the words: "the president of the court of first instance or a magistrate of the seat delegated by him" are replaced by the words: "the judge of freedoms and detention".
IX. - In the third and fourth sentences of the first paragraph of the III, the words: "President of the court or his delegate" and the words: "President or his delegate" are replaced by the words: "Justice of Freedoms and Detention".
X. - The last three sentences of the first paragraph of the III are replaced by nine sentences as follows:
"The foreigner or, in the case of the minor mentioned in the third paragraph of the I, the ad hoc administrator may also request the judge of freedoms and detention the assistance of an interpreter and the communication of his file. The judge of freedoms and detention shall rule at the seat of the court of first instance. However, if a courtroom attributed to the Ministry of Justice allowing it to publicly decide has been specially arranged on the harbour or airport control, it statues in this room. If necessary, the President of the Court of First Instance may decide to hold a second hearing at the seat of the Court of First Instance on the same day as the one held in the specially appointed room. By a decision of the judge on the proposal of the superior administrator in the Wallis and Futuna Islands, and with the consent of the foreigner, the hearing can also be conducted with the use of audiovisual telecommunications means guaranteeing the confidentiality of the transmission. In each of the two courtrooms open to the public, a record of the transactions is drawn up. The judge of freedoms and detention publicly decides. If the order puts an end to the maintenance in a waiting area, it is immediately notified to the public prosecutor. Unless otherwise provided by the prosecutor of the Republic, the foreigner is then kept at the disposal of the court for a period of four hours from the notification of the order to the prosecutor of the Republic. »
XI. - After the second sentence of the second paragraph of the III is inserted a sentence as follows:
"By a decision of the first president of the Court of Appeal or his delegate, on the proposal of the senior administrator in the Wallis and Futuna Islands, and with the consent of the foreigner, the hearing may take place with the use of audio-visual telecommunications means under the conditions set out in the preceding paragraph. »
XII. - The III is supplemented by a sub-item:
"However, the Public Prosecutor may request the first president of the Court of Appeal or his or her delegate to declare his or her suspensive appeal. In this case, the appeal, together with the application, is filed within four hours of notification of the order to the Public Prosecutor and transmitted to the first president of the Court of Appeal or to his delegate. The latter shall, without delay, decide, if any, in the light of the documents of the file, to give this appeal a suspensive effect. He ruled by a reasoned order made contradictoryly that was not subject to appeal. The person concerned shall be kept at the disposal of the justice system until such order is issued and, if it gives a suspensive effect to the public prosecutor's appeal, until it is decided on the merits. »
XIII. - In IV, the words "the president of the court of first instance or his delegate" are replaced by the words "the judge of freedoms and detention".
XIV. - The IV is supplemented by a sub-item:
"However, when a foreigner who is not allowed to enter the Wallis and Futuna Islands file an application for asylum within the last four days of this new waiting area period, the latter is extended by four days from the day of the application. This decision shall be entered into the registry provided for in II and brought to the attention of the public prosecutor under the conditions provided for in that same II. The judge of freedoms and detention is immediately informed of this extension. He can stop it. »
XV. - At the end of the first sentence of the first paragraph of the V, the reference: "third paragraph of the II" is replaced by the reference: "second paragraph of the I".
XVI. - In the second sentence of the first paragraph of the V, the words: "the president of the court of first instance or his delegate" are replaced by the words: "the judge of freedoms and detention".
XVII. - In the first paragraph of the V, after the words: "and be communicated the register referred to in the II."
"The public prosecutor visits the waiting areas whenever he considers it necessary and at least once a year. »
XVIII. - The VI is supplemented by the words: "or a receipt of asylum".
XIX. - After the first paragraph of VIII, a sub-item reads as follows:
"If necessary, the alien may also be transferred to a waiting area in which the conditions required for his/her maintenance under the conditions set out in this section are met. »
XX. - In VIII, the words "the president of the court of first instance or his delegate" and "the president of the court of first instance" are replaced by the words "the judge of freedoms and detention".
XXI. - It is completed by an X as follows:
"X. - shall be at the expense of the State and without recourse against the alien, under the conditions provided for in the criminal, correctional or police costs, the fees and allowances of the interpreters designated to assist him during the judicial proceedings in the waiting zone provided for in this article. »
After section 51, the following articles 51-1 and 51-2 are inserted:
"Art. 51-1. - When a foreigner is subjected to a non-admission measure in the Wallis and Futuna Islands, to maintain a waiting or detention area and does not speak French, he indicates at the beginning of the proceedings a language he understands. He also indicates whether he can read. This information is referred to in the decision on non-admission, retention or placement. These statements are authentic unless otherwise proven. The language that the foreigner said to understand is used until the end of the procedure. If the foreigner refuses to indicate a language he understands, the language used is French.
"When it is provided in this Order that a decision or information must be communicated to a foreigner in a language that he or she understands, that information may be made by means of written forms or through an interpreter. The assistance of the interpreter is mandatory if the foreigner does not speak French and does not know how to read.
"If necessary, the interpreter's assistance can be done through telecommunications means. In such a case, it may only be used by an interpreter registered on one of the lists provided for in the following paragraph or by an interpreter and translation organization authorized by the administration. The name and contact details of the interpreter as well as the day and language used are indicated in writing abroad.
"In the court of first instance, a list of translators is held by the public prosecutor. The interpreters on this list are subject to an obligation of competence and professional secrecy.
"A decree in the Council of State sets out the terms and conditions for the application of this article, including the rules for the registration and revocation of translators registered with the prosecutor of the Republic.
"Art. 51-2. - The State may entrust to a person or group of persons, public or private law, a mission that covers both the design, construction, development, maintenance, hospitality and maintenance of detention centres or waiting areas.
"The execution of this mission is the result of a contract between the State and the person or grouping of persons according to the procedures provided by the law of the local public markets. If the market is alloti, offers simultaneously on several lots can be subject to a global judgment.
"The contracts passed by the State for the execution of this mission cannot include stipulations under the conventions referred to in articles L. 34-3-1 and L. 34-7-1 of the State domain code.
"The registration and monitoring of detained or maintained persons shall be entrusted to State officials. »
After section 52 is inserted an article 52-1 as follows:
"Art. 52-1. - The provisions of the first paragraph of Article 42, in their drafting by Order No. 2004-1253 of 24 November 2004, shall apply only to foreigners who have received a residence permit after the entry into force of that order. »
In article 54, after the words: "a foreigner" are added the words: "other than a national of a Member State of the European Union".
Order No. 2000-372 of 26 April 2000 referred to above is amended in accordance with sections 38 to 72 of this Order.
Section 4 is amended as follows:
I. - At the g of the 1st, the words: "in a public or private institution recognized by the State" are replaced by the words: "in a public or private educational institution recognized either by the State or by the government of French Polynesia".
II. - 2° is replaced by the following:
« 2° Subject to international conventions, the proof of accommodation provided for in Article 5-1, if required, and other documents provided by decree in the Council of State relating, on the one hand, to the object and conditions of its stay and, on the other, if applicable, to its means of existence, to the care provided by an authorized insurance operator of the medical and hospital expenses, including »
III. - In the second paragraph of the 3rd paragraph, the words "third paragraph of Article 12" are replaced by the words "second paragraph of Article 12".
At 3° of Article 5, the words: ", in the opinion of the advisory committee referred to in 4° of Article 32 of the above-mentioned Act of April 12, 1996" are deleted.
After Article 5 is inserted a 5-1 article as follows:
"Art. 5-1. - Any foreigner who claims to be staying in French Polynesia for a period not exceeding three months in the context of a family or private visit must present a proof of accommodation. This evidence takes the form of a certificate of acceptance signed by the person who proposes to ensure the accommodation of the alien, or his legal representative, and validated by the administrative authority.
"The reception certificate, signed by the host and accompanied by the supporting documents determined by decree in the Council of State, is presented for validation to the mayor of the commune of the place of accommodation, acting as agent of the State.
"It is accompanied by the host's commitment to take charge, for the duration of the visa's validity, and in case the foreigner received would not be able to, the residence fees in French Polynesia of the latter, limited to the amount of the resources required from abroad for his entry to French Polynesia in the absence of a certificate of reception.
"The mayor may refuse to validate the reception certificate in the following cases:
" - the host cannot present the required supporting documents;
" - it appears, either from the content of the attestation and the supporting documents presented, or from the verification carried out at the home of the host, that the foreigner cannot be accommodated under normal housing conditions;
" - the references on the certificate are inaccurate;
" - the certificates previously signed by the host revealed, if any, after investigation requested by the authority responsible for validating the reception certificate to the police or gendarmerie units, a diversion of the procedure.
"At the request of the mayor, specially authorized officers of the municipality's services may conduct on-site audits. Agents who are authorized to conduct these audits may only enter the host's home after they have ascertained the written consent of the host. In the event of a refusal of the host, the conditions for a reception under normal housing conditions are deemed to be unfulfilled.
"Requests for validation of reception certificates can be memorized and are subject to automated processing in order to combat procedural misappropriation. The corresponding files are put in place by the high commissioner of the Republic in French Polynesia and made available to the mayors, according to the provisions determined by a decree in the Council of State, taken after advice of the National Commission of Computer Science and Freedoms. This decree specifies the duration of retention and the conditions for updating the recorded information, the terms and conditions for enabling persons to consult these files and, where applicable, the conditions under which interested persons may exercise their right of access.
"For stays covered by this article, the insurance obligation provided for in 2° of Article 4 may be satisfied by an insurance that has the same scope for the benefit of the foreigner by the person who proposes to host it.
"A decree in the Council of State sets out the conditions for the application of this article, in particular the conditions under which the alien may be exempted from the proof of accommodation in the event of a stay of a humanitarian character or cultural exchange, or when he asks to visit French Polynesia for an urgent medical cause or because of the obseque or serious illness of a loved one. »
Section 6 is replaced by the following:
“Art. 6. - Subject to the provisions of Article 14 or the stipulations of an international agreement, a foreigner over the age of eighteen who wishes to stay in French Polynesia shall, after the expiration of a period of three months since his entry into the territory of French Polynesia, be provided with a residence permit.
"This map is:
" - a temporary residence card, whose conditions of issuance and renewal are set out in Chapter I of Title II. The temporary residence card is valid for up to one year. A foreigner who stays under a temporary residence permit may apply for the issuance of a resident card under the conditions set out in sections 21 or 22;
"-a resident card, whose conditions of issuance and renewal are set out in Part II. The resident card is valid for a period of ten years.
"When the law so provides, the issue of a first resident card is subordinate to the republican integration of the foreigner into French society, particularly in view of his sufficient knowledge of the French language and the principles that govern the French Republic. The resident card is revolving in full law, except in the cases provided for in this order.
"For the assessment of the condition of integration, the high commissioner of the Republic in French Polynesia may appeal to the mayor of the foreigner's residence commune who requests the resident card.
"When an application for asylum has been definitively rejected, the foreigner seeking the issuance of a residence permit must justify, in order to obtain this title, that he meets all the conditions provided for in this order and the decrees made for its application.
"The three-month period provided for in the first paragraph may be amended by a joint order of the Minister of the Interior and the Minister responsible for the overseas. »
Section 7 is replaced by the following:
“Art. 7. - The Council of Ministers is consulted prior to the issuance of the residence permits established by this Order. »
After Article 7 is inserted an article 7-1 as follows:
"Art. 7-1. - The detention of a recipient of an application for the issuance or renewal of a residence permit, a receipt of a asylum application or a temporary residence permit authorizes the presence of a foreigner in French Polynesia without prejudice to the final decision that will be taken in respect of his right to stay. Except as expressly provided for by law or regulations, these documents do not allow their holders to engage in professional activity.
"From the date of expiry of the resident card or a residence permit for a period of more than one year provided for by an international stipulation and the decision of the administrative authority on the application for its renewal, within three months of that expiry date, the foreigner may also justify the regularity of his or her stay by the presentation of the card or title that has expired. During this period, it retains all of its social rights as well as its right to engage in a professional activity, in accordance with local regulations.
"Unless it is a foreigner who has been recognized as a refugee, the issuance of a temporary residence permit, a receipt of a residence permit or a receipt of a refugee claim does not have the effect of regularizing the conditions of entry into French Polynesia. »
Section 11 is amended as follows:
I. - The first sentence of the first paragraph is replaced by the following:
"In order to better guarantee the right to stay of people in a regular situation and to fight against the irregular entry and stay of foreigners in French Polynesia, fingerprints as well as a photograph of foreign nationals not nationals of a Member State of the European Union who request the issuance of a residence permit under the conditions provided for in Article 6 may be lifted, memorized and subject to an automated treatment of 1978 under the conditions laid down by law »
II. - It is added a last paragraph as follows:
"A decree in the Council of State, taken after the advice of the National Commission of Computer Science and Freedoms, sets out the modalities for the application of this article. It specifies the retention period and the conditions for updating the recorded information, the terms and conditions for enabling persons to access it, and, where applicable, the conditions under which interested persons may exercise their right of access. »
After Article 11 is inserted in Title I an article 11-1 as follows:
"Art. 11-1. - In order to better guarantee the right to stay of people in a regular situation and to fight against the irregular entry and stay of foreigners in French Polynesia, fingerprints as well as a photograph of foreign nationals who request the issuance, with a consulate, of a visa in order to stay in French Polynesia, can be taken up, memorized and subject to automated treatment under the conditions laid down by the law.
"These prints and photographs are mandatory when a visa is issued.
"A decree in the Council of State, taken after the advice of the National Commission of Computer Science and Freedoms, sets out the modalities for the application of this article. It specifies the retention period and the conditions for updating the recorded information, the categories of persons able to access it and the terms and conditions for enabling it and, where applicable, the conditions under which interested persons may exercise their right of access. »
Section 12 is amended as follows:
I. - The first paragraph is repealed.
II. - In the second sentence of the second paragraph, after the words: "temporary residence card" are inserted the words: "or a resident card under Article 21".
Section 16 is amended as follows:
I. The second preambular paragraph is as follows:
"In the event of the need to conduct the studies, the High Commissioner of the Republic in French Polynesia may grant this residence permit even in the absence of the long-term visa required subject to the regularity of his entry to French Polynesia. Under the same reserves, it can also issue it abroad, which has attended schooling in French Polynesia for at least the age of sixteen and is pursuing higher education. A decree in the Council of State specifies the conditions for the application of these provisions, in particular with regard to the resources required and the conditions for registration in an educational institution. »
II. - The seventh preambular paragraph shall be replaced by the following:
"The temporary residence card may be withdrawn to any employer, holder of this card, in contravention of the provisions in force locally relating to the employment of the foreign labour force and to any foreigner who ignores these same provisions or exercises a non-employed professional activity without having received the authorization. »
III. - In the last paragraph, after the words: "competent to criminal proceedings on the basis of the articles", the references are inserted: "222-39, 222-39-1,".
Section 17 is amended as follows:
I. - At 1°, after the words: "temporary residence card", are inserted the words: "or resident card", and the words: "holder of this card" are replaced by the words: "holders of either of these cards".
II. - At 2°, after the words: "was regular," the words are inserted: "that the community of life has not ceased."
III. - At 4°, after the words: "on condition that it", the end of the paragraph is thus written: "to make an effective contribution to the maintenance and education of the child under the conditions provided for in article 371-2 of the Civil Code since the birth of the child or for at least one year."
IV. - The 7th is supplemented by two sentences as follows:
"The decision to issue the residence permit is taken by the High Commissioner of the Republic in French Polynesia, after the advice of the doctor designated under the conditions provided for by a convention between the High Commissioner of the Republic and the Government of French Polynesia. The doctor may summon the applicant for a medical consultation before a medical commission whose composition is determined by joint decree of the ministers responsible for health and overseas. »
V. - It is supplemented by two paragraphs as follows:
"However, when the community of life was broken on the initiative of the foreigner because of the domestic violence he suffered on the part of his spouse, the High Commissioner of the Republic in French Polynesia may grant the renewal of the title.
"The access of the French child to the majority is not an obstacle to the renewal of the residence card issued under the 4th. »
Section 19 is amended as follows:
I. - In the first paragraph, the word "territorial" is deleted.
II. - After c are inserted five sub-items as follows:
"(d) A qualified personality designated by the High Commissioner of the Republic for his competence in public safety or his alternate;
“e) A mayor or his deputy appointed by the president of the Association of Mayors of French Polynesia or, if not an association, a mayor who is a member of the local finance committee designated by the latter in his or her place;
“(f) The president of French Polynesia or his representative.
"At his request, the mayor of the commune in which the foreigner resides, or his representative, is heard.
"A representative of the High Commissioner of the Republic in French Polynesia shall serve as Rapporteur of the Commission. »
III. - The fifth preambular paragraph is supplemented by the words: "as well as in the case provided for in IV bis of Article 44. »
After Article 19 is inserted an article 19-1 as follows:
"Art. 19-1. - The High Commissioner of the Republic in French Polynesia may also refer the Committee to the residence permit for any matter relating to the application of the provisions of this title. The head of the department responsible for work, employment and vocational training or his representative is invited, as appropriate, to participate in the meeting of the residence permit committee. »
Section 21 is replaced by the following:
“Art. 21. - Any foreigner who justifies an uninterrupted residence in accordance with the laws and regulations in force, of at least five years in French Polynesia, may obtain a resident card. The decision to grant or refuse the resident card is taken taking into account the facts that it may invoke in support of its intention to establish itself permanently in French Polynesia, its means of existence and the conditions of its professional activity if it has one.
"The resident card may also be granted:
“(a) To spouse and minor children or in the year following their eighteenth anniversary of a foreigner holding the resident card, who were allowed to stay in French Polynesia for family reunification and who justify an uninterrupted residence, in accordance with the laws and regulations in force, of at least two years in French Polynesia;
“(b) A foreigner who is the father or mother of a French child residing in French Polynesia and has held for at least two years the temporary residence permit referred to in the 3rd of Article 17, provided that he still meets the conditions for obtaining this temporary residence permit and that he does not live in a state of polygamy.
"The child referred to in this section means a legitimate or natural child with a legally established filiation as well as a adopted child, by virtue of an adoption decision, subject to the public prosecutor's verification of the regularity of the child when it was pronounced abroad.
"In all cases provided for in this article, the decision to grant the resident card is subject to the Republican integration of the foreigner into French society under the conditions provided for in Article 6.
"The resident card may be refused to any foreigner whose presence constitutes a threat to public order. »
Section 22 is amended as follows:
I. - In the first paragraph, the words "at 1° to 4°" are replaced by the words "at 1° and 2°".
II. - At 1°, the words "one year" are replaced by the words "two years".
III. - The 3°, 4° and 12° are repealed.
IV. - In the penultimate paragraph, the references: "3°, 4°" are deleted.
Section 29 is amended as follows:
I. - After the first paragraph of I, a sub-item reads as follows:
"The same fine shall be punished by the air or marine transport company which, in the course of transit, arrives a foreigner not a national of a Member State of the European Union and shall be deprived of the travel document or visa required by the law or international agreement applicable to it in the light of its nationality and destination. »
II. - I is supplemented by three sub-items:
"The fine in the first and second paragraphs is reduced to 358,000 PSCs per passenger when the company has set up and uses, at the passenger boarding site, an approved digitalization and transmission device to the French border control authorities, travel documents and visas.
"A decree in the Council of State, taken after the advice of the National Commission on Informatics and Freedoms, sets out the modalities for the implementation of the preceding paragraph. It specifies the duration of data retention and the conditions for updating the recorded information, the categories of persons who may access it and the terms and conditions for enabling it, and, where applicable, the conditions under which interested persons may exercise their right of access.
"When the foreigner landed in French Polynesia is a minor without a legal representative, the sum of 358,000 PSCs or 909 000 PSCs must be immediately recorded with the grievor referred to in the third paragraph. All or part of this amount is returned to the company according to the amount of the fine subsequently issued by the Minister of the Interior. If the company does not record the amount, the amount of the fine is increased to 1,090,000 PSCs or 1,818,000 PSCs respectively. A decree in the Council of State sets the conditions for this consignation and its possible restitution, in particular the maximum period in which such restitution must intervene. »
III. - II is replaced by the following:
“II. - Fines in I are not imposed:
« 1° When the foreigner was admitted to French Polynesia under an application for asylum which was not manifestly unfounded;
« 2° When the transport company determines that the required documents were presented to it at the time of boarding and that they do not include a manifest irregularity element. »
Section 30 is amended as follows:
I. - In the first paragraph of I, the words ", while in French Polynesia," are deleted.
II. - The second paragraph of I is replaced by the following:
"It shall be punishable by the same penalties that have facilitated or attempted to facilitate the irregular entry, movement or stay of a foreigner in the territory of a State party to the protocol against the smuggling of migrants by land, sea and air, supplementing the UN convention against transnational organized crime, signed in Palermo on 12 December 2000. »
III. - Prior to the last paragraph of I, a sub-item reads as follows:
"For the application of the second paragraph, the irregular situation of the foreigner is appreciated under the legislation of the State party concerned. In addition, proceedings may only be brought against the perpetrator of the offence on an official denunciation or on a certificate from the competent authorities of the State party concerned. »
IV. - II is replaced by the following:
“II. - Individuals guilty of one of the offences provided for in this article shall also be liable to the following additional penalties:
« 1° The residence ban for up to five years;
« 2° The suspension, for a maximum of five years, of the driver's licence. This may be doubled in the event of recurrence;
« 3° The temporary or final withdrawal of the administrative authorization to operate either casual or collective services, or a regular service, or an international transport shuttle service;
« 4° Forfeiture of the thing that served or was intended to commit the offence, including any means of transportation or land, river, sea or air, or the thing that is the product of it. The costs resulting from the measures necessary to execute the confiscation will be borne by the convicted person. They will be recovered as legal costs;
« 5° The prohibition for a period of not more than five years of professional or social activity on the occasion of which the offence was committed, subject to the reservations mentioned in section 131-27 of the Criminal Code.
"A violation of this prohibition shall be punished by imprisonment for two years and a fine of 3,636,000 PSC;
« 6° The prohibition of French territory for a period of not more than 10 years under the conditions and under the provisions of articles 131-30 to 131-30-2 of the Criminal Code. The prohibition of French territory shall, in full right, lead to the reappointment of the convict to the border, if any, upon the expiry of his prison sentence. »
V. - In the first paragraph of the III, the words: "Without prejudice to Article 28," are replaced by the words: "Without prejudice to Articles 28 and 31-1."
VI. - The 1st of the III is supplemented by the words: ", unless the spouses are separated from the body, have a separate domicile or have been allowed to reside separately".
VII. - The 2° of the III is replaced by the following:
« 2° From the spouse of the foreigner, unless they are separated from the body, have been allowed to reside separately or if the community of life has ceased, or from the person who is notoriously living in a marital situation with him; "
VIII. - The III is supplemented by a 3° as follows:
« 3° Any natural or legal person, where the deed was, in the face of a present or imminent danger, necessary for the safeguarding of the life or physical integrity of the alien, except where there is a disproportion between the means employed and the gravity of the threat or if it has given rise to a direct or indirect counterpart. »
After Article 30 is inserted an article 30-1 as follows:
"Art. 30-1. - I. - The offences provided for in Article 30 I shall be punished by ten years' imprisonment and by 89,500,000 CFP fines:
« 1° When committed in organized bands;
« 2° When committed in circumstances that directly expose aliens to an immediate risk of death or injury resulting in permanent mutilation or infirmity;
« 3° In the event that aliens are subject to conditions of life, transport, work or accommodation incompatible with the dignity of the human person;
« 4° When committed by means of an authorization or traffic in a reserved area of an aerodrome or port;
« 5° When they have the effect, for foreign minors, of removing them from their family environment or from their traditional environment.
“II. - In addition to the additional penalties provided for in Article 30, Part II, natural persons convicted under the offences referred to in Article I of this Article shall also be liable to the additional penalty for confiscation of all or part of their property, irrespective of the nature, furniture or buildings, divis or indivis.
"III. - Aliens convicted under one of the offences provided for in the I shall also be subject to the final prohibition of French territory under the conditions laid down in articles 131-30 to 131-30-2 of the Criminal Code. »
Section 31 is amended as follows:
I. - In the first paragraph, the words "of the offence under section 28" are replaced by the words "of the offences provided for in sections 30 and 30-1".
II. - It is supplemented by a sub-item:
"In the event of a conviction for the offences provided for in Article 30-1, the court may order the confiscation of all or part of the property of convicted legal persons, irrespective of the nature, furniture or buildings, divis or indivis. »
After section 31 are inserted in title III two articles 31-1 and 31-2 as follows:
"Art. 31-1. - I. - The contracting of a marriage for the sole purpose of obtaining, or obtaining, a residence permit, or for the sole purpose of acquiring, or acquiring, French nationality is punishable by five years' imprisonment and 1 790 000 CFP of fine.
"These same penalties are applicable in the event of an organization or attempt to organize a marriage for the same purposes.
"They are sentenced to ten years in prison and 89,500,000 CFPs when the offence is committed in organized bands.
"People guilty of any of the offences referred to in this section shall also be liable to the following additional penalties:
« 1° The residence ban for up to five years;
« 2° The prohibition of French territory, under the conditions provided for in articles 131-30 to 131-30-2 of the Criminal Code, for a period of not more than 10 years or for a final period;
« 3° The prohibition, for a period of not more than five years, of professional or social activity on the occasion of which the offence was committed, subject to the reservations mentioned in section 131-27 of the Criminal Code.
"The natural persons convicted under the offence referred to in the third paragraph shall also be liable to the additional penalty for confiscation of all or part of their property, irrespective of the nature, furniture or buildings, divis or indivis.
“II. - Legal persons may be declared criminally liable under the conditions provided for in article 121-2 of the Criminal Code for offences under the second and third paragraphs of I of this article.
"The penalties incurred by legal persons are:
« 1° The fine, in accordance with the terms provided for in Article 131-38 of the Criminal Code;
« 2° The penalties mentioned in 1°, 2°, 3°, 4°, 5° and 9° of Article 131-39 of the Criminal Code.
"The prohibition referred to in 2° of section 131-39 of the same code relates to the activity in the exercise or in the exercise of which the offence was committed.
"The legal persons convicted under the offence referred to in third paragraph I of this article shall also be liable to the confiscation of all or part of their property, irrespective of the nature, furniture or buildings, divis or indivis.
"Art. 31-2. - Without prejudice to the legal proceedings that may be brought against it, the employer who has occupied a foreign worker in an irregular situation of residence will pay a flat fee representative of the costs of rerouting the alien to his country of origin. The total amount of monetary penalties for the employment of a foreigner in an irregular situation of residence shall not exceed the amount of the criminal penalties provided for in the locally applicable provisions relating to the use of the foreign labour force or, if the employer enters the scope of these articles, the amount of the penal sanctions provided for in sections 29 to 31 of this order.
"The terms and conditions for the application of this article are set by decree in the Council of State. »
Section 32 is amended as follows:
I. - The 2° is supplemented by the words: "or if during this same period the foreigner has misunderstood the locally applicable provisions relating to the use of the foreign labour force".
II. - In the last paragraph, the words: "immediately put in place" are replaced by the words: "as soon as possible put in place."
Section 33 is supplemented by a paragraph to read:
"In addition, without prejudice to the provisions of the preceding paragraph, the grounds for the expulsion order shall be reviewed every five years from the date of adoption of the order. This review takes into account the evolution of the threat posed by the presence of the French Polynesia for public order, the changes in his personal and family situation, and the guarantees of professional or social reintegration that he presents, with a view to eventually repealing the order. Abroad may make written submissions. Failing to notify the person concerned of an explicit decision to repeal within two months, this review is deemed to have led to an implicit decision refusing the repeal. This decision is subject to appeal under the conditions set out in the Administrative Justice Code in respect of excess power. The review does not result in consultation with the commission under section 34. »
Section 35 is replaced by the following:
“Art. 35. - Subject to the provisions of section 36, an expulsion order may not be issued under section 33:
« 1° The foreigner, who does not live in a state of polygamy, who is the father or mother of a minor French child residing in the territory of the Republic, provided that he or she determines to contribute effectively to the maintenance and education of the child under the conditions provided for in article 371-2 of the Civil Code since the birth of the child or for at least one year;
« 2° The foreigner who has been married for at least two years with a spouse of French nationality, provided that the community of life has not ceased and that the spouse has retained French nationality;
« 3° The foreigner who justifies by any means that he or she has been in the territory of the Republic for more than fifteen years, unless he or she has been, throughout this period, a temporary residence permit bearing the mention "student;
« 4° The foreigner who has been residing regularly in the territory of the Republic for more than ten years, unless he has been, throughout this period, holder of a temporary residence permit bearing the mention "student;
« 5° A foreigner who has an employment accident or occupational illness annuity served by a French organization and whose permanent incapacity rate is equal to or greater than 20%.
"These same foreigners may not be subject to a deportation measure at the border pursuant to section 32.
"By derogation from the provisions of this article, a foreigner may be subjected to an expulsion order pursuant to sections 33 and 34 if he or she has been permanently sentenced to imprisonment for at least five years. »
After section 35 is inserted an article 35-1 as follows:
"Art. 35-1. - The expulsion may be pronounced:
« 1° In the event of an absolute emergency, by derogation from Article 34;
« 2° When it constitutes an imperative necessity for the security of the State or public security, by derogation from Article 35;
« 3° In the event of an absolute emergency and where it constitutes an imperative necessity for the security of the State or public security, by derogation from articles 34 and 35. »
Section 36 is replaced by the following:
“Art. 36. - I. - Except in the case of behaviours that affect the fundamental interests of the State, or related to activities of a terrorist nature, or that constitute acts of provocation to discrimination, hatred or violence because of the origin or religion of persons, may not be subject to expulsion, including in the assumptions mentioned in the last paragraph of Article 35:
« 1° The foreigner who justifies by any means habitually resides in the territory of the Republic since he reached the age of thirteen;
« 2° The foreigner who has lived regularly in the territory of the Republic for more than twenty years;
« 3° The foreigner who has been residing regularly in the territory of the Republic for more than ten years and who, not living in a state of polygamy, has been married for at least three years either with a French national who has retained French nationality or with a foreign national under the 1°, provided that the community of life has not ceased;
« 4° The foreigner who has lived regularly in the territory of the Republic for more than ten years and who, not living in a state of polygamy, is the father or mother of a minor French child residing in the territory of the Republic, provided that he or she determines to contribute effectively to the maintenance and education of the child under the conditions provided for in Article 371-2 of the Civil Code since the birth of the child or for at least one year;
« 5° The foreigner usually residing in the territory of the Republic whose state of health requires medical care, which may result in the consequences of exceptional gravity for the foreigner, provided that he or she cannot effectively receive appropriate treatment in the country of return.
"The provisions set out in 3° and 4° are, however, not applicable when the facts at the origin of the expulsion measure were committed against the spouse or children of the foreign country.
"Unless in the event of an absolute emergency, the provisions of Article 34 shall apply to aliens expelled on the basis of this Article.
"These same foreigners may not be subject to a deportation measure at the border pursuant to section 32.
“II. - A minor alien of eighteen years of age may not be subject to an expulsion order or to a deportation measure to the border under section 32. »
After item 41 are inserted the 41-1 and 41-2 articles as follows:
"Art. 41-1. - Can also be the subject of an arrest of a foreign national who has been the subject of an expulsion order that has not been executed when his state of health requires medical care, the failure of which could lead to the consequences of exceptional gravity, provided that he cannot effectively benefit from appropriate treatment in the country of return. This measure may be accompanied by a work authorization according to the local regulations. The reporting obligations to the police and gendarmerie units as well as the penalties for non-compliance with the requirements for residential assignment provided for in Article 41 are applicable.
"Art. 41-2. - may also be subject to an order of arrest in residence, on a probatory and exceptional basis, the alien who is subject to an expulsion order on the basis of the last paragraph of section 35 or 2 of section 35-1. This measure may be accompanied by a work authorization according to the local regulations. It may be repealed at any time in the event of new acts constituting conduct that is harmful to public order. The reporting obligations to the police and gendarmerie units as well as the penalties for non-compliance with the requirements for residential assignment provided for in Article 41 are applicable. »
Section 42 is replaced by the following:
“Art. 42. - A request for an extension of a ban on the territory or for the repeal of an expulsion order submitted after the expiry of the administrative appeal period shall not be granted unless the foreign national resides outside the territory of the Republic. However, this condition is not required:
« 1° For the implementation of the third paragraph of Article 33;
« 2° During the time when the foreign national is sentenced to imprisonment on the territory of the Republic;
« 3° Where a foreigner is subject to a residential summons under section 41, section 41-1 or section 41-2. »
Section 44 is amended as follows:
I. - II, III and IV are replaced by the following provisions:
“II. - The authorization to enter French Polynesia as part of the procedure for family reunification is given by the High Commissioner of the Republic, after verification of the conditions of resources and housing by the mayor of the commune of residence of the foreigner or the mayor of the commune where he plans to settle.
"In order to verify the conditions of housing and resources, the mayor examines the required supporting documents to be determined by decree. Specially authorized officers of the municipality ' s services may enter the housing. They must ensure prior written consent from the occupant. In the event of a refusal by the occupant, the housing conditions for family reunification are deemed to be unfulfilled. When these audits were not conducted because the applicant did not yet have the necessary accommodation at the time of application, family reunification may be allowed if the other conditions are met and after the mayor has verified on exhibit the characteristics of the accommodation and the date on which the applicant will be provided.
"At the end of the investigation, the mayor issued a reasoned opinion. This notice is deemed to be in favour of the expiration of two months from the communication of the file by the High Commissioner of the Republic in French Polynesia.
"The high commissioner of the Republic in French Polynesia shall decide on the application within six months of the filing by the foreigner of the complete record of this application. He informs the mayor of the decision rendered.
"The decision of the High Commissioner of the Republic in French Polynesia authorizing the entry of family members into the territory of French Polynesia is null and void if the reunification did not take place within a prescribed time limit. In the event of the application of the stay procedure to the granting of a visa provided for in the last two paragraphs of Article 47, this period only runs from the date of issuance of the visa.
"III. - Members of the family who regularly entered the territory of French Polynesia for family reunification are entitled to a temporary residence permit, as soon as they are detained for a residence permit.
"IV. - In the event of a breakdown of the common life, the temporary residence card that has been handed over to a foreigner's spouse may, for the two years following its issuance, be subject to withdrawal or refusal to renew. When the rupture of the common life is preceded by the issuance of the title, the High Commissioner of the Republic in French Polynesia refuses to issue the temporary residence permit.
"However, when the community of life was broken on the initiative of the foreigner because of the domestic violence he suffered on the part of his spouse, the High Commissioner of the Republic in French Polynesia may grant the renewal of the title. »
II. - After the IV, an IV bis is inserted as follows:
"IV bis. - The residence of a foreigner who does not enter the categories referred to in section 35 and section 36 may be subject to a withdrawal when the holder has brought his spouse or children outside the family reunification procedure. The decision to withdraw the residence permit is taken after notice of the residence permit commission referred to in Article 19. »
Section 48 is replaced by the following:
“Art. 48. - The alien to whom the recognition of the refugee status or the benefit of the subsidiary protection has been definitively refused, and who cannot be allowed to remain in French Polynesia in another title, must leave French Polynesia, under penalty of being subject to a removal measure provided for in section 32 and, where applicable, the penalties provided for in article 28. »
Section 49 is amended as follows:
I. - After the words "to the provisions" are inserted the words "of the second paragraph".
II. - It is supplemented by three paragraphs:
"Diplomatic or consular agents may also, on their own initiative, proceed with the legalization or verification of any foreign civil registration in the event of a doubt about the authenticity of this document, when they are seized with a visa application or a request for a transcript of a civil registration.
"For these audits and by derogation from the provisions of Article 21 of Act No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with the administrations, the diplomatic and consular authorities shall continue to rule on the visa application submitted by the person presuming the litigious civil status act, for a period not exceeding four months.
"When, despite the due diligence, these checks have not been completed, the suspension may be extended for a strictly necessary period and may not exceed four months. »
Section 50 is replaced by the following:
"Art. 50. - I. - The detention of a foreigner in non-custodial premises may be ordered when the alien:
« 1° Either, subject to an expulsion order, cannot immediately leave French Polynesia;
« 2° Either, subject to a deportation order on the border under section 32, cannot immediately leave French Polynesia;
« 3° However, having been the subject of an investment decision under one of the previous cases, did not refer to the removal measure of which it is the subject within seven days of the term of the previous placement or, having referred to it, returned to French Polynesia while this measure is still enforceable.
"The placement decision is taken by the High Commissioner of the Republic in French Polynesia, after the arrest of the foreigner and, if applicable, upon the expiry of his custody, or at the end of his detention period. It is written and motivated. A double is handed over to the interested party. The public prosecutor is immediately informed of this.
"The foreigner is informed, in a language he understands and as soon as possible, that, during the entire period of detention, he may request the assistance of an interpreter, counsel and a doctor, and contact his consulate and a person of his choice.
"When he arrives at the detention centre, the foreigner receives notification of the rights he is likely to exercise in respect of asylum applications. In particular, the Committee is advised that its application for asylum will no longer be admissible during the period of detention if it is made more than five days after that notification.
"When a period of forty-eight hours has elapsed since the detention decision, the judge of freedoms and detention is seized for the purpose of extension of detention; This period is extended to three days outside the boundaries of the Isle of Tahiti and to five days in the Southern Islands, the Tuamotu Islands, the Gambiar Islands and the Marquises Islands. He decides by order, after hearing of the representative of the administration, if the official duly summoned is present, and the person concerned in the presence of his council, if he has one. If a courtroom assigned to the Ministry of Justice allowing him to publicly decide has been specially arranged in the immediate vicinity of this place of detention, he decides in this room. The judge shall remind the foreigner of the rights recognized to him during the detention and shall ensure, according to the records set out in this article, which the individual was, at the time of notification of the placement decision, fully informed of his rights and placed in a position to assert them. It informs it of the possibilities and deadlines for appeal against all decisions concerning it. The person concerned shall be kept at the disposal of the court during the strictly necessary time for the hearing and the order to be delivered.
"The order for the extension of detention shall be short of the expiry of the period of forty-eight hours, or three days outside the boundaries of the Isle of Tahiti and five days in the Austral Islands, the Tuamotu Islands, the Gambiar Islands and the Marquis Islands, as set out in the eighth paragraph of I.
"On an exceptional basis, the judge may order the summons to a foreigner's residence where he has effective representation guarantees, after the handover to a police service or a gendarmerie unit of the original passport and any supporting document of his or her identity in exchange for a receipt that will justify the identity and on which the reference to the expulsion order is made. A residence summons for a foreigner who has previously been exempted from the execution of a deportation measure at the current border, a ban on the territory of which he has not been relieved, or an expulsion measure in force must be the subject of special motivation.
"The foreigner is obliged to reside in the places set by the judge and must report periodically to the police or gendarmerie units for the execution of the removal measure. In the event of failure to comply with the obligations of residential assignment, the provisions of the first paragraph of section 38 shall apply. The public prosecutor is seized as soon as possible.
"When an order terminates detention or assigns the alien to residence, it is immediately notified to the public prosecutor. Unless otherwise provided by the court, the foreigner is then held at the disposal of the court for a period of four hours from the date of notification to the public prosecutor.
“II. - The application of these measures shall end no later than the expiry of a five-day period, or six days outside the boundaries of the Isle of Tahiti, from the extension order. This period may be extended for a maximum of five days by order of the judge, and in the forms indicated in the eighth paragraph of the I, in the event of an absolute emergency and of a particular serious threat to public order; it may also be when the impossibility of performing the removal measure results from the loss or destruction of the travel documents of the interested person, from the concealment by the latter of his or her identity or from the voluntary obstruction made to his or her removal.
"III. - Orders referred to in I and II are subject to appeal to the first president of the Court of Appeal or his delegate, who is seized without form and must rule within 48 hours, the current period from his referral; the appeal may be formed by the interested person, the public ministry and the high commissioner of the Republic in French Polynesia; The appeal is not suspensive. However, the Public Prosecutor's Office may request the first president of the Court of Appeal or his or her delegate to declare his or her suspensive appeal when it appears that the person concerned does not have effective representation guarantees or in the event of a serious threat to public order. In this case, the appeal, together with the application that refers to the absence of effective representation guarantees or to the serious threat to public order, is filed within four hours of the notification of the order to the public prosecutor and transmitted to the first president of the Court of Appeal or to his delegate. The appeal shall, without delay, decide whether it is necessary to give the appeal a suspensive effect, depending on the guarantees of representation available to the foreigner or the serious threat to public order, by a reasoned order made contradictoryly that is not subject to appeal. The interested party is kept at the disposal of the justice system until the order is issued and, if it gives a suspensive effect to the Public Prosecutor's appeal, until it is decided on the merits.
"IV. - The person concerned can benefit from legal aid.
"By a decision of the judge on the proposal of the High Commissioner of the Republic in French Polynesia and with the consent of the foreigner, the hearings provided for in I, II and III may take place with the use of audiovisual telecommunications means guaranteeing the confidentiality of the transmission. In each of the two courtrooms open to the public, a record of the transactions is drawn up.
"In all places receiving persons placed or maintained under this section, a register shall be held in respect of the civil status of such persons and the conditions of their placement or retention.
"The high commissioner of the Republic in French Polynesia shall be at the disposal of the persons who request the information regarding the date and time of the commencement of the placement of each alien in custody, the exact location of that alien and the date and time of the extension decisions.
"In the event of necessity and throughout the duration of detention, the High Commissioner of the Republic in French Polynesia may decide to move the alien from a place of detention to another place of detention, subject to informing the prosecutor of the Republic, and after the first order of extension, the judge of freedoms and detention.
“During the entire period of detention, the prosecutor of the Republic or the judge of freedoms and detention may be transported to the premises, verify the conditions of detention and communicate the register referred to in the second paragraph of IV. The Public Prosecutor visits places of detention whenever he considers it necessary and at least once a year.
"In each place of detention, a space for lawyers to speak confidentially with detained foreigners is provided. For this purpose, except in case of force majeure, it is accessible under any circumstances upon request of the lawyer. A decree in the Council of State specifies, as appropriate, the modalities under which the assistance of these interveners is exercised.
"Unless in the event of a threat to public order within or outside the place of detention, or if the person does not appear psychologically to be able to receive this information, the foreigner is informed by the person in charge of the place of detention of all travel forecasts concerning him: hearings, presentation at the consulate, conditions of departure. In each place of detention, a document written in the languages most commonly used and defined by order, describing the rights of the foreigner during the removal and detention procedure, as well as their conditions of exercise, is made available to foreigners. The lack of understanding of the provisions of this paragraph is without consequence on the regularity and validity of removal and retention procedures.
"A decree in the Council of State defines the modalities that foreigners held in custody receive reception, information and support actions to enable the effective exercise of their rights and prepare their departure.
"V. - A foreigner may only be placed or held in custody for the time strictly necessary for his departure. The administration must exercise due diligence to this effect.
"If the removal measure is cancelled by the administrative judge, it is immediately terminated the retention of the alien in custody and the foreigner is provided with a temporary residence permit until the High Commissioner of the Republic in French Polynesia has again ruled on his case.
"If the foreigner is terminated in custody for a reason other than the administrative judge's cancellation of the removal measure, the judge of freedoms and detention reminds the foreigner of his obligation to leave the territory. If the foreigner is released on the expiry of the retention period, due to the lack of enforcement of the removal measure, the head of the detention centre does the same. The lack of understanding of the provisions of this paragraph is without consequence on the regularity and validity of subsequent removal and retention procedures.
"VI. - The prohibition of the territory imposed as a principal penalty and with provisional execution shall, in full right, result in the placement of the alien in places not falling within the prison administration, under the conditions defined in this article, during the strictly necessary time for his departure. The sixth paragraph of I is applicable. When a period of forty-eight hours has elapsed since the sentence was pronounced, the last three paragraphs of I and II to VII are applied.
"The prohibition of the territory imposed as a supplementary penalty may also give rise to the placement of the foreigner in places not falling within the prison administration, if applicable at the expiry of his prison sentence, under the conditions set out in this section.
« VII. - The appeal of a decision by the criminal court may be appealed by the foreigner placed or maintained in a place of detention by means of a statement to the head of the centre or the detention facility. The same is true of the appeal in cassation.
"This statement is found, dated and signed by the head of the centre or local. It is also signed by the foreigner. If the head of institution cannot sign, the head of institution shall mention it. This document is sent without delay, in original or in copy to the court office which rendered the decision under appeal. It is transcribed on the register provided by, as the case may be, the third paragraph of Article 380-12, the third paragraph of Article 502 or the third paragraph of Article 576 of the Code of Criminal Procedure, and annexed to the act prepared by the Registrar.
"When a foreigner is sentenced in the first instance to a ban on the territory as a principal penalty with provisional execution and the removal of the territory takes place before the date of the appeal hearing, his lawyer must be heard at the appeal hearing if he makes the request. The same is true of the lawyer who was commissioned on his own behalf when the foreigner requested the benefit of counsel in his appeal. »
Section 52 is amended as follows:
I. - In the first paragraph of I, the words: "a port or airport" are replaced by the words: "a port or near the landing place, or at an airport."
II. - The second paragraph of I is replaced by the following:
"He is informed, as soon as possible, that he may request assistance from an interpreter and a doctor, contact a counsel or any person of his or her choice and leave the waiting area at any time for any destination outside the territory of the Republic. This information is communicated to him in a language he understands. Mention is made on the register mentioned below, which is started by the interested party. »
III. - The fifth paragraph of I is replaced by the following:
"The waiting area is delimited by the High Commissioner of the Republic in French Polynesia. It extends from boarding and landing points to those where people's controls are carried out. It may include, on the right-of-way or near the port or airport or near the landing site, one or more accommodation facilities for the aliens concerned with hotel-type services.
"In these accommodations, a space for lawyers to speak confidentially with foreigners is planned. For this purpose, except in case of force majeure, it is accessible under any circumstances upon request of the lawyer. »
IV. - I is supplemented by a sub-item:
"The waiting area extends, without any need for a specific decision, to the places in which the foreigner must go either within the current procedure or in the event of a medical need. »
V. - In the first paragraph of the second paragraph, the words: "Chief of the Border Control Service or an official designated by him or her, who holds at least the rank of inspector" are replaced by the words: "Chief of the National Police or Customs Service, responsible for border control, or a public servant designated by him or her, who holds at least the rank of brigadier in the first case and a senior officer of second class in the second class".
VI. - The second paragraph of the second paragraph is supplemented by a sentence as follows:
"When the notification made abroad mentions that the prosecutor of the Republic has been informed without delay of the decision to maintain the waiting area or its renewal, that statement shall be deemed to be contrary. »
VII. - The third paragraph of II is repealed.
VIII. - In the first paragraph of the III:
1° The words: "President of the Court of First Instance or a magistrate of the office delegated by him" are replaced by the words: "Justice of Freedoms and Detention";
2° The words: "President of the court or his delegate" are replaced by the words: "Justice of Freedoms and Detention";
3° The words "to the president or his delegate" are replaced by the words "to the judge of freedoms and detention".
IX. - The last two sentences of the first paragraph of the III are replaced by eight sentences as follows:
"The judge of freedoms and detention shall rule at the court of first instance. However, if a courtroom attributed to the Ministry of Justice allowing it to publicly decide has been specially arranged on the harbour or airport control, it statues in this room. If necessary, the President of the Court of First Instance may decide to hold a second hearing at the seat of the Court of First Instance on the same day as the one held in the specially appointed room. By a decision of the judge on the proposal of the High Commissioner of the Republic in French Polynesia, and with the consent of the foreigner, the hearing may also take place with the use of audiovisual telecommunications means guaranteeing the confidentiality of the transmission. In each of the two courtrooms open to the public, a record of the transactions is drawn up. The judge of freedoms and detention publicly decides. If the order puts an end to the maintenance in a waiting area, it is immediately notified to the public prosecutor. Unless otherwise provided by the prosecutor of the Republic, the foreigner is then kept at the disposal of the court for a period of four hours from the notification of the order to the prosecutor of the Republic. »
X. - After the second sentence of the second paragraph of the III, a sentence is inserted as follows:
"By a decision of the first president of the Court of Appeal or his delegate, on the proposal of the High Commissioner of the Republic in French Polynesia, and with the consent of the foreigner, the hearing may take place with the use of audio-visual means of telecommunications under the conditions set out in the preceding paragraph. »
XI. - The III is supplemented by a sub-item:
"However, the Public Prosecutor may request the first president of the Court of Appeal or his or her delegate to declare his or her suspensive appeal. In this case, the appeal, together with the application, is filed within four hours of notification of the order to the Public Prosecutor and transmitted to the first president of the Court of Appeal or to his delegate. The latter shall, without delay, decide, if any, in the light of the documents of the file, to give this appeal a suspensive effect. He ruled by a reasoned order made contradictoryly that was not subject to appeal. The person concerned shall be kept at the disposal of the justice system until such order is issued and, if it gives a suspensive effect to the public prosecutor's appeal, until it is decided on the merits. »
XII. - In IV, the words: "President of the Court of First Instance or his delegate" are replaced by the words: "Justice of Freedoms and Detention".
XIII. - The IV is supplemented by a sub-item:
"However, when a foreigner who is not allowed to enter French Polynesia file an application for asylum within the last four days of this new waiting period, the latter shall be extended by four days from the day of the application. This decision shall be entered into the registry provided for in II and brought to the attention of the public prosecutor under the conditions provided for in that same II. The judge of freedoms and detention is immediately informed of this extension. He can stop it. »
XIV. - In the first paragraph of the V, the words: "President of the Court of First Instance or his delegate" are replaced by the words: "Justice of Freedoms and Detention".
XV. - At the end of the first sentence of the first paragraph of the V, the reference: "third paragraph of the II." is replaced by the reference: "second paragraph of the I.".
XVI. - The first paragraph of the V is supplemented by a sentence as follows:
"The prosecutor of the Republic can go to the waiting area whenever he considers it necessary and at least once a year. »
XVII. - The VI is supplemented by the words: "or a receipt of asylum".
XVIII. - After the first paragraph of the VIII is inserted a sub-item:
"If necessary, the alien may also be transferred to a waiting area in which the conditions required for his/her maintenance under the conditions set out in this section are met. »
XIX. - In VIII, the words: "President of the Court of First Instance or his delegate" and "President of the Court of First Instance" are replaced by the words: "Justice of Freedoms and Detention".
XX. - It is completed by an X as follows:
"X. - shall be at the expense of the State and without recourse against the alien, under the conditions provided for in the criminal, correctional or police costs, the fees and allowances of the interpreters designated to assist him during the judicial proceedings in the waiting zone provided for in this article. »
After section 53 are inserted articles 53-1 and 53-2 as follows:
"Art. 53-1. - When a foreigner is subjected to a non-admission measure in French Polynesia, a retention zone or detention zone and does not speak French, he indicates at the beginning of the proceedings a language he understands. He also indicates whether he can read. This information is referred to in the decision on non-admission, retention or placement. These statements are authentic unless otherwise proven. The language that the foreigner said to understand is used until the end of the procedure. If the foreigner refuses to indicate a language he understands, the language used is French.
"When it is provided in this Order that a decision or information must be communicated to a foreigner in a language that he or she understands, that information may be made by means of written forms or through an interpreter. The assistance of the interpreter is mandatory if the foreigner does not speak French and does not know how to read.
"If necessary, the interpreter's assistance can be done through telecommunications means. In such a case, it may only be used by an interpreter registered on one of the lists provided for in the following paragraph or by an interpreter and translation organization authorized by the administration. The name and contact details of the interpreter as well as the day and language used are indicated in writing abroad.
"In the court of first instance, a list of translators is held by the public prosecutor. The interpreters on this list are subject to an obligation of competence and professional secrecy.
"A decree in the Council of State sets out the terms and conditions for the application of this article, including the rules for the registration and revocation of translators registered with the prosecutor of the Republic.
"Art. 53-2. - The State may entrust to a person or group of persons, public or private law, a mission that covers both the design, construction, development, maintenance, hospitality and maintenance of detention centres or waiting areas.
"The execution of this mission is the result of a contract between the State and the person or grouping of persons according to the procedures provided by the law of the local public markets. If the market is alloti, offers simultaneously on several lots can be subject to a global judgment.
"The contracts passed by the State for the execution of this mission cannot include stipulations under the conventions referred to in articles L. 34-3-1 and L. 34-7-1 of the State domain code.
"The registration and monitoring of detained or maintained persons shall be entrusted to State officials. »
After Article 54, an article 54-1 is inserted as follows:
"Art. 54-1. - The provisions of the first paragraph of Article 44, in their drafting by Order No. 2004-1253 of 24 November 2004, shall apply only to foreigners who have received a residence permit after the entry into force of that order. »
In article 56, after the words: "a foreigner" are added the words: "other than a national of a Member State of the European Union".
Order No. 2000-376 of 26 April 2000 referred to above is amended in accordance with sections 74 to 104 of this Order.
Section 4 is amended as follows:
I. - The 2° is replaced by the following:
« 2° Subject to international conventions, the proof of accommodation provided for in Article 5-1, if required, and other documents provided by decree in the Council of State relating, on the one hand, to the object and conditions of his stay and, on the other, if applicable, to his means of existence, to the care provided by an authorized insurance operator of the medical and hospital expenses, including of "
II. - In the second paragraph of the 3rd paragraph, the words "third paragraph of Article 11" are replaced by the words "second paragraph of Article 11".
After Article 5 is inserted a 5-1 article as follows:
"Art. 5-1. - Any foreigner who claims to want to stay in Mayotte for a period not exceeding three months as part of a family or private visit must present a proof of accommodation. This evidence takes the form of a certificate of acceptance signed by the person who proposes to ensure the accommodation of the alien, or his legal representative, and validated by the administrative authority.
"The reception certificate, signed by the host and accompanied by the supporting documents determined by decree in the Council of State, is presented for validation to the mayor of the commune of the place of accommodation, acting as agent of the State.
"It is accompanied by the host's commitment to take charge, for the duration of the visa's validity, and in the event that the foreigner admitted would not be able to, the residence fee in Mayotte of it, limited to the amount of the resources required from abroad for his entry to Mayotte in the absence of a reception certificate.
"The mayor may refuse to validate the reception certificate in the following cases:
" - the host cannot present the required supporting documents;
" - it appears, either from the content of the attestation and the supporting documents presented, or from the verification carried out at the home of the host, that the foreigner cannot be accommodated under normal housing conditions;
" - the references on the certificate are inaccurate;
" - the certificates previously signed by the host revealed, if any, after investigation requested by the authority responsible for validating the reception certificate to the police or gendarmerie units, a diversion of the procedure.
"At the request of the mayor, specially authorized officers of the municipality's services may conduct on-site audits. Agents who are authorized to conduct these audits may only enter the host's home after they have ascertained the written consent of the host. In the event of a refusal of the host, the conditions for a reception under normal housing conditions are deemed to be unfulfilled.
"Requests for validation of reception certificates can be memorized and are subject to automated processing in order to combat procedural misappropriation. The corresponding files are put in place by the representative of the State in Mayotte and made available to the mayors, according to the provisions determined by a decree in the Council of State, taken after advice of the National Commission of Computer Science and Freedoms. This decree specifies the duration of retention and the conditions for updating the recorded information, the terms and conditions for enabling persons to consult these files and, where applicable, the conditions under which interested persons may exercise their right of access.
"For stays covered by this article, the insurance obligation provided for in 2° of Article 4 may be satisfied by an insurance that has the same scope for the benefit of the foreigner by the person who proposes to host it.
"A decree in the Council of State sets out the conditions for the application of this article, including the conditions under which the alien may be exempted from the proof of accommodation in the event of a stay of a humanitarian character or cultural exchange, or when he asks to visit Mayotte for an urgent medical cause or because of the funeral or serious illness of a loved one. »
Section 6 is replaced by the following:
“Art. 6. - Subject to the provisions of Article l3 or the stipulations of an international agreement, a foreigner over the age of eighteen who wishes to stay in Mayotte shall, after the expiration of a period of three months since his entry into the territory of Mayotte, be provided with a residence permit.
"This map is:
" - a temporary residence card, whose conditions of issuance and renewal are set out in Chapter 1 of Title II. The temporary residence card is valid for up to one year. A foreigner who stays under a temporary residence permit may apply for the issuance of a resident card under the conditions set out in sections 19 or 20;
"-a resident card, whose conditions of issuance and renewal are set out in Part II. The resident card is valid for a period of ten years.
"When the law so provides, the issue of a first resident card is subordinate to the republican integration of the foreigner into French society, particularly in view of his sufficient knowledge of the French language and the principles that govern the French Republic. The resident card is revolving in full law, except in the cases provided for in this order.
"For the assessment of the condition of integration, the representative of the State in Mayotte may appeal to the mayor of the residence commune of the foreigner who requests the resident card.
"When an application for asylum has been definitively rejected, the foreigner seeking the issuance of a residence permit must justify, in order to obtain this title, that he meets all the conditions provided for in this order and the decrees made for its application.
"The three-month period provided for in the first paragraph may be amended by a joint order of the Minister of the Interior and the Minister responsible for the overseas. »
After Article 6 is inserted an article 6-1 as follows:
"Art. 6-1. - The detention of a recipient of an application for the issuance or renewal of a residence permit, a receipt of a asylum application or a temporary residence permit authorizes the presence of a foreigner in Mayotte without prejudice to the final decision that will be taken under his right to stay. Except as expressly provided for by law or regulations, these documents do not allow their holders to engage in professional activity.
"From the date of expiry of the resident card or a residence permit for a period of more than one year provided for by an international stipulation and the decision of the administrative authority on the application for its renewal, within three months of that expiry date, the foreigner may also justify the regularity of his or her stay by the presentation of the card or title that has expired. During this period, he retains all his social rights and his right to work.
"Unless it was a foreigner who was recognized as a refugee, the issuance of a temporary residence permit, a receipt of a residence permit or a receipt of a refugee claim does not have the effect of regularizing the conditions of entry to Mayotte. »
Section 10 is amended as follows:
I. - The first sentence of the first paragraph is replaced by the following:
"In order to better guarantee the right to stay of people in a regular situation and to fight against the irregular entry and stay of foreigners in Mayotte, fingerprints as well as a photograph of foreign nationals not nationals of a Member State of the European Union who request the issuance of a residence permit under the conditions provided for in Article 6 may be taken up, stored and subject to an automated treatment of the law in 1978. »
II. - It is added a last paragraph as follows:
"A decree in the Council of State, taken after the advice of the National Commission of Computer Science and Freedoms, sets out the modalities for the application of this article. It specifies the retention period and the conditions for updating the recorded information, the terms and conditions for enabling persons to access it, and, where applicable, the conditions under which interested persons may exercise their right of access. »
After Article 10 is inserted in Title I an article 10-1 as follows:
"Art. 10-1. - In order to better guarantee the right to stay of people in a regular situation and to fight against the irregular entry and stay of foreigners in Mayotte, fingerprints as well as a photograph of foreign nationals who request the issuance, from a consulate, of a visa in order to stay in Mayotte can be collected, memorized and be subject to automated treatment under the conditions laid down by the law of 6 January 1978 above.
"These prints and photographs are mandatory when a visa is issued.
"A decree in the Council of State, taken after the advice of the National Commission of Computer Science and Freedoms, sets out the modalities for the application of this article. It specifies the retention period and the conditions for updating the recorded information, the categories of persons able to access it and the terms and conditions for enabling it and, where applicable, the conditions under which interested persons may exercise their right of access. »
Section 11 is amended as follows:
I. - The first paragraph is repealed.
II. - In the second sentence of the second paragraph, the words: "temporary residence card, without prejudice to the application of the first three paragraphs of Article 6. are replaced by the words: "temporary residence card or resident card under section 19, without prejudice to the application of the first paragraph of section 6. "
III. - In the last paragraph, the words "at 4°" are replaced by the words "in the third paragraph of Article 19, to".
The V of Article 15 is amended as follows:
I. - The penultimate paragraph is supplemented by the words: "as well as any foreigner who ignores the provisions of Article L. 330-1 of the Labour Code applicable to Mayotte or who exercises a non-employed professional activity without having received the authorization. "
II. - In the last paragraph, after the words: "competent to criminal proceedings on the basis of the articles", the references are inserted: "222-39, 222-39-1,".
Section 16 is amended as follows:
I. - At 1°, after the words: "temporary residence card", are inserted the words: "or resident card", and the words: "holder of this card" are replaced by the words: "holder of either of these cards".
II. - At 2°, after the words: "was regular," the words are inserted: "that the community of life has not ceased."
III. - It is supplemented by two sub-items:
"However, when the community of life was broken on the initiative of the foreigner because of the domestic violence he suffered on the part of his spouse, the representative of the State in Mayotte may grant the renewal of the title.
"The access of the French child to the majority is not an obstacle to the renewal of the residence card issued under the 3rd. »
Section 19 is replaced by the following:
“Art. 19. - A foreigner who justifies an uninterrupted residence in accordance with existing laws and regulations, at least five years in Mayotte, may obtain a resident card. The decision to grant or refuse the resident card is taken taking into account the facts that it may invoke in support of its intention to establish permanently in Mayotte, its means of existence and the conditions of its professional activity if it has one.
"The resident card may also be granted:
“(a) To spouse and minor children or in the year following their eighteenth anniversary of a foreigner holding the resident card, who were allowed to stay in Mayotte for family reunification and who justify an uninterrupted residence, in accordance with the laws and regulations in force, of at least two years in Mayotte;
“(b) A foreigner who is a father or mother of a French child residing in France and has been a holder for at least two years of the temporary residence permit referred to in the 3rd of Article 16, provided that he still meets the conditions for obtaining this temporary residence permit and that he does not live in a state of polygamy.
"The child referred to in this section means a legitimate or natural child with a legally established filiation as well as a adopted child, by virtue of an adoption decision, subject to the public prosecutor's verification of the regularity of the child when it was pronounced abroad.
"In all cases provided for in this article, the decision to grant the resident card is subject to the Republican integration of the foreigner into French society under the conditions provided for in Article 6.
"The resident card may be refused to any foreigner whose presence constitutes a threat to public order. »
Section 20 is amended as follows:
I. - In the first paragraph, the words "at 1° to 4°" are replaced by the words "at 1° and 2°".
II. - At 1°, the words "one year" are replaced by the words "two years".
III. - The 3°, 4° and 13° are repealed.
IV. - In the penultimate paragraph, the references: "3°, 4°" are deleted.
Section 27 is amended as follows:
I. - The sum in the first paragraph of I is replaced by the sum of "7,600 EUR".
II. - After the first paragraph of I is inserted a sub-item:
"The same fine shall be punished by the air or marine transport company which, in the course of transit, arrives a foreigner not a national of a Member State of the European Union and shall be deprived of the travel document or visa required by the law or international agreement applicable to it in the light of its nationality and destination. »
III. - I is supplemented by three sub-items:
"The fine provided for in the first and second paragraphs is reduced to EUR 3,000 per passenger when the company has set up and uses, at the passenger boarding site, an approved digitalization and transmission device to the French border control authorities, travel documents and visas.
"A decree in the Council of State, taken after the advice of the National Commission on Informatics and Freedoms, sets out the modalities for the implementation of the preceding paragraph. It specifies the duration of data retention and the conditions for updating the recorded information, the categories of persons who may access it and the terms and conditions for enabling it, and, where applicable, the conditions under which interested persons may exercise their right of access.
"When the foreigner landed in Mayotte is a minor without a legal representative, the sum of EUR 3,000 or EUR 7,600 must be immediately recorded with the official referred to in the third paragraph. All or part of this amount is returned to the company according to the amount of the fine subsequently issued by the Minister of the Interior. If the company does not record the amount, the fine is increased to EUR 9,120 or EUR 15,200 respectively. A decree in the Council of State sets the conditions for this consignation and its possible restitution, in particular the maximum period in which such restitution must intervene. »
IV. - II is replaced by the following:
“II. - Fines in I are not imposed:
« 1° When the foreigner was admitted to Mayotte under an asylum application that was not manifestly unfounded;
« 2° When the transport company determines that the required documents were presented to it at the time of boarding and that they do not include a manifest irregularity element. »
Section 28 is amended as follows:
I. - In the first paragraph of I, the words ", while in Mayotte," are deleted.
II. - The second paragraph of I is replaced by the following:
"It shall be punishable by the same penalties that have facilitated or attempted to facilitate the irregular entry, movement or stay of a foreigner in the territory of a State party to the protocol against the smuggling of migrants by land, sea and air, supplementing the UN convention against transnational organized crime, signed in Palermo on 12 December 2000. »
III. - Prior to the last paragraph of I, a sub-item reads as follows:
"For the application of the second paragraph, the irregular situation of the foreigner is appreciated under the legislation of the State party concerned. In addition, proceedings may only be brought against the perpetrator of the offence on an official denunciation or on a certificate from the competent authorities of the State party concerned. »
IV. - II is replaced by the following:
“II. - Individuals guilty of one of the offences provided for in this article shall also be liable to the following additional penalties:
« 1° The residence ban for up to five years;
« 2° The suspension, for a maximum of five years, of the driver's licence. This may be doubled in the event of recurrence;
« 3° The temporary or final withdrawal of the administrative authorization to operate either casual or collective services, or a regular service, or an international transport shuttle service;
« 4° Forfeiture of the thing that served or was intended to commit the offence, including any means of transportation or land, river, sea or air, or the thing that is the product of it. The costs resulting from the measures necessary to execute the confiscation will be borne by the convicted person. They will be recovered as legal costs;
« 5° The prohibition for a period of not more than five years of professional or social activity on the occasion of which the offence was committed, subject to the reservations mentioned in section 131-27 of the Criminal Code.
"A violation of this prohibition shall be punished by imprisonment for two years and a fine of EUR 30,000;
« 6° The prohibition of French territory for a period of not more than 10 years under the conditions and under the provisions of articles 131-30 to 131-30-2 of the Criminal Code. The prohibition of French territory shall, in full right, lead to the reappointment of the convict to the border, if any, upon the expiry of his prison sentence. »
V. - In the first paragraph of the III, the words: "Without prejudice to Article 26," are replaced by the words: "Without prejudice to Articles 26 and 29-1."
VI. - The 1st of the III is supplemented by the words: ", unless the spouses are separated from the body, have a separate domicile or have been allowed to reside separately. »
VII. - The 2° of the III is replaced by the following:
« 2° From the spouse of the foreigner, unless they are separated from the body, have been allowed to reside separately or if the community of life has ceased, or from the person who is notoriously living in a marital situation with him; "
VIII. - The III is supplemented by a 3° as follows:
« 3° Any natural or legal person, where the deed was, in the face of a present or imminent danger, necessary for the safeguarding of the life or physical integrity of the alien, except where there is a disproportion between the means employed and the gravity of the threat or if it has given rise to a direct or indirect counterpart. »
After article 28 is inserted an article 28-1 as follows:
"Art. 28-1. - I. - The offences provided for in Article 28 I are punishable by ten years imprisonment and EUR 750,000 fine:
« 1° When committed in organized bands;
« 2° When committed in circumstances that directly expose aliens to an immediate risk of death or injury resulting in permanent mutilation or infirmity;
« 3° In the event that aliens are subject to conditions of life, transport, work or accommodation incompatible with the dignity of the human person;
« 4° When committed by means of an authorization or traffic in a reserved area of an aerodrome or port;
« 5° When they have the effect, for foreign minors, of removing them from their family environment or from their traditional environment.
“II. - In addition to the additional penalties provided for in Article 28, the natural persons convicted under the offences referred to in Article I of this Article shall also be liable to the additional punishment for confiscation of all or part of their property, irrespective of the nature, furniture or buildings, divis or indivis.
"III. - Aliens convicted under one of the offences provided for in the I shall also be subject to the final prohibition of French territory under the conditions laid down in articles 131-30 to 131-30-2 of the Criminal Code. »
Section 29 is amended as follows:
I. - In the first paragraph, the words "of the offence under section 28" are replaced by the words "of the offences provided for in sections 28 and 28-1".
II. - It is supplemented by a sub-item:
"In the event of a conviction for the offences set out in I of Article 28-1, the court may order the confiscation of all or part of the property of convicted legal persons, irrespective of the nature, furniture or buildings, divis or indivis. »
After Article 29 are inserted in Title III two articles 29-1 and 29-2 as follows:
"Art. 29-1. - I. - The contracting of a marriage for the sole purpose of obtaining, or obtaining, a residence permit, or for the sole purpose of acquiring, or acquiring, French nationality is punishable by five years imprisonment and 15,000 EUR fine.
"These same penalties are applicable in the event of an organization or attempt to organize a marriage for the same purposes.
"They are charged to ten years' imprisonment and EUR 750,000 when the offence is committed in organized bands.
"People guilty of any of the offences referred to in this section shall also be liable to the following additional penalties:
« 1° The residence ban for up to five years;
« 2° The prohibition of French territory, under the conditions provided for in articles 131-30 to 131-30-2 of the Criminal Code, for a period of not more than 10 years or for a final period;
« 3° The prohibition, for a period of not more than five years, of professional or social activity on the occasion of which the offence was committed, subject to the reservations mentioned in section 131-27 of the Criminal Code.
"The natural persons convicted under the offence referred to in the third paragraph shall also be liable to the additional penalty for confiscation of all or part of their property, irrespective of the nature, furniture or buildings, divis or indivis.
“II. - Legal persons may be declared criminally liable under the conditions provided for in article 121-2 of the Criminal Code for offences under the second and third paragraphs of I of this article.
"The penalties incurred by legal persons are:
« 1° The fine, in accordance with the terms provided for in Article 131-38 of the Criminal Code;
« 2° The penalties mentioned in 1°, 2°, 3°, 4°, 5° and 9° of Article 131-39 of the Criminal Code.
"The prohibition referred to in 2° of section 131-39 of the same code relates to the activity in the exercise or in the exercise of which the offence was committed.
"The legal persons convicted under the offence referred to in third paragraph I of this article shall also be liable to the confiscation of all or part of their property, irrespective of the nature, furniture or buildings, divis or indivis.
"Art. 29-2. - Without prejudice to the legal proceedings that may be brought against it, the employer who has occupied a foreign worker in an irregular situation of residence will pay a flat fee representative of the costs of rerouting the alien to his country of origin. The total amount of monetary penalties for the employment of an alien in an irregular residence situation cannot exceed the amount of the criminal penalties provided for in sections L. 342-1 and L. 342-2 of the Labour Code applicable to Mayotte or, if the employer enters the scope of these articles, the amount of the penal sanctions provided for in sections 28 to 29 of this Order.
"The terms and conditions for the application of this article are set by decree in the Council of State. »
Section 30 is amended as follows:
I. - The 2° is supplemented by the words: "or if during that same period the foreigner has misunderstood the provisions of Article L. 330-1 of the Labour Code applicable to Mayotte; "
II. - In the last paragraph, the words: "immediately put in place" are replaced by the words: "as soon as possible put in place."
Section 31 is supplemented by a paragraph to read:
"In addition, without prejudice to the provisions of the preceding paragraph, the grounds for the expulsion order shall be reviewed every five years from the date of adoption of the order. This review takes into account the evolution of the threat posed by the presence of the individual in Mayotte for public order, the changes in his personal and family situation, and the guarantees of professional or social reintegration that he presents, with a view to eventually repealing the order. Abroad may make written submissions. Failing to notify the person concerned of an explicit decision to repeal within two months, this review is deemed to have led to an implicit decision refusing the repeal. This decision is subject to appeal under the conditions set out in the Administrative Justice Code in respect of excess power. The review does not result in consultation with the commission under section 32. »
Section 33 is replaced by the following:
“Art. 33. - Subject to the provisions of section 34, a deportation order may not be issued under section 31:
« 1° The alien who is not in a state of polygamy who is the father or mother of a minor French child residing in the territory of the Republic, provided that he or she determines to contribute effectively to the maintenance and upbringing of the child under the conditions provided for in article 371-2 of the Civil Code since the birth of the child or for at least one year;
« 2° The foreigner who has been married for at least two years with a spouse of French nationality, provided that the community of life has not ceased and that the spouse has retained French nationality;
« 3° The foreigner who justifies by any means that he or she has been in the territory of the Republic for more than fifteen years, unless he or she has been, throughout this period, a temporary residence permit bearing the term "student";
« 4° The foreigner who has been residing regularly in the territory of the Republic for more than ten years, unless he has been, throughout this period, holder of a temporary residence permit bearing the mention "student;
« 5° A foreigner who has an employment accident or occupational illness annuity served by a French organization and whose permanent incapacity rate is equal to or greater than 20%.
"These same foreigners may not be subject to a deportation measure at the border pursuant to Article 30.
"By derogation from the provisions of this article, a foreigner may be subjected to an expulsion order pursuant to sections 31 and 32 if he or she has been permanently sentenced to imprisonment for at least five years. »
After article 33 is inserted an article 33-1 as follows:
"Art. 33-1. - The expulsion may be pronounced:
« 1° In the event of an absolute emergency, by derogation from Article 32;
« 2° When it constitutes a compelling necessity for State security or public security, by derogation from Article 33;
« 3° In the event of an absolute emergency and where it constitutes an imperative necessity for the security of the State or public security, by derogation from Articles 32 and 33. »
Section 34 is replaced by the following:
“Art. 34. - I. - Except in the case of behaviours that affect the fundamental interests of the State, or related to activities of a terrorist character, or that constitute acts of provocation to discrimination, hatred or violence because of the origin or religion of persons, may not be subject to expulsion, including in the assumptions mentioned in the last paragraph of Article 33:
« 1° The foreigner who justifies by any means habitually resides in the territory of the Republic since he reached the age of thirteen;
« 2° The foreigner who has lived regularly in the territory of the Republic for more than twenty years;
« 3° The foreigner who has been residing regularly in the territory of the Republic for more than ten years and who, not living in a state of polygamy, has been married for at least three years either with a French national who has retained French nationality or with a foreign national under the 1°, provided that the community of life has not ceased;
« 4° The foreigner who has lived regularly in the territory of the Republic for more than ten years and who, not living in a state of polygamy, is the father or mother of a minor French child residing in the territory of the Republic, provided that he or she determines to contribute effectively to the maintenance and education of the child under the conditions provided for in Article 371-2 of the Civil Code since the birth of the child or for at least one year;
« 5° The foreigner usually residing in the territory of the Republic whose state of health requires medical care, which may result in the consequences of exceptional gravity for the foreigner, provided that he or she cannot effectively receive appropriate treatment in the country of return.
"The provisions set out in 3° and 4° are, however, not applicable when the facts at the origin of the expulsion measure were committed against the spouse or children of the foreign country.
"Unless in the event of an absolute emergency, the provisions of Article 32 shall apply to aliens expelled on the basis of this Article.
"These same foreigners may not be subject to a deportation measure at the border pursuant to Article 30.
“II. - A minor alien of eighteen years of age may not be subject to an expulsion order or to a deportation measure to the border under Article 30. »
After section 39 are inserted articles 39-1 and 39-2 as follows:
"Art. 39-1. - Can also be the subject of an arrest of a foreign national who has been the subject of an expulsion order that has not been executed when his state of health requires medical care, the failure of which could lead to the consequences of exceptional gravity, provided that he cannot effectively benefit from appropriate treatment in the country of return. This measure is accompanied by a work authorization. The obligations to be submitted to the police and gendarmerie units as well as to the penalties for non-compliance with the requirements for residential assignment provided for in section 39 are applicable.
"Art. 39-2. - May also be subject to an order of arrest in residence, on a probatory and exceptional basis, the alien who is subject to an expulsion order on the basis of the last paragraph of article 33 or of the second paragraph of article 33-1. This measure is accompanied by a work authorization. It may be repealed at any time in the event of new acts constituting conduct that is harmful to public order. The obligations to be submitted to the police and gendarmerie units as well as to the penalties for non-compliance with the requirements for residential assignment provided for in section 39 are applicable. »
Section 40 is replaced by the following:
“Art. 40. - A request for an extension of a ban on the territory or for the repeal of an expulsion order submitted after the expiry of the administrative appeal period shall not be granted unless the foreign national resides outside the territory of the Republic. However, this condition is not required:
« 1° For the implementation of the third paragraph of Article 31;
« 2° During the time when the foreign national is sentenced to imprisonment on the territory of the French Republic;
« 3° Where a foreigner is subject to a residential summons under section 39, section 39-1 or section 39-2. »
Section 42 is amended as follows:
I. - II, III and IV are replaced by the following provisions:
“II. - The authorization to enter Mayotte as part of the family reunification procedure is given by the representative of the State, after verification of the conditions of resources and housing by the mayor of the foreign-residential commune or the mayor of the commune where he plans to settle.
"In order to verify the conditions of housing and resources, the mayor examines the required supporting documents to be determined by decree. Specially authorized officers of the municipality ' s services may enter the housing. They must ensure prior written consent from the occupant. In the event of a refusal by the occupant, the housing conditions for family reunification are deemed to be unfulfilled. When these audits were not conducted because the applicant did not yet have the necessary accommodation at the time of application, family reunification may be allowed if the other conditions are met and after the mayor has verified on exhibit the characteristics of the accommodation and the date on which the applicant will be provided.
"At the end of the investigation, the mayor issued a reasoned opinion. This notice is deemed favourable to the expiration of a period of two months from the communication of the file by the State representative in Mayotte.
"The representative of the State in Mayotte shall decide on the application within six months of the filing by the foreigner of the full file of the application. He informs the mayor of the decision rendered.
"The decision of the representative of the State in Mayotte authorizing the entry of family members into the territory of Mayotte is null and void if the reunification did not take place within a prescribed time limit. In the event of the application of the stay procedure to the granting of a visa provided for in the last two paragraphs of Article 47, this period only runs from the date of issuance of the visa.
"III. - Members of the family who have entered the territory of Mayotte regularly for family reunification, are entitled to a temporary residence permit, as soon as they are detained.
"IV. - In the event of a breakdown of the common life, the temporary residence card that has been handed over to a foreigner's spouse may, for the two years following its issuance, be subject to withdrawal or refusal to renew. When the rupture of the common life is preceded by the issuance of the title, the representative of the State in Mayotte refuses to issue the temporary residence permit.
"However, when the community of life was broken on the initiative of the foreigner because of the domestic violence he suffered on the part of his spouse, the representative of the State in Mayotte may grant the renewal of the title. »
II. - After the IV, an IV bis is inserted as follows:
"IV bis. - The residence of a foreigner who does not enter the categories referred to in section 33 and section 34 may be subject to a withdrawal when the holder has brought his spouse or children outside the family reunification procedure. »
Section 46 is replaced by the following:
“Art. 46. - The alien to whom the recognition of refugee status or the benefit of subsidiary protection has been definitively refused, and who cannot be allowed to remain in Mayotte on another title, must leave Mayotte, under penalty of being subject to a removal measure provided for in Article 30 and, where applicable, the penalties provided for in Article 26. »
Section 47 is amended as follows:
I. - After the words "to the provisions" are inserted the words "of the second paragraph".
II. - It is supplemented by three paragraphs:
"Diplomatic or consular agents may also, on their own initiative, proceed with the legalization or verification of any foreign civil registration in the event of a doubt about the authenticity of this document, when they are seized with a visa application or a request for a transcript of a civil registration.
"For these audits and by derogation from the provisions of Article 21 of Act No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with the administrations, the diplomatic and consular authorities shall continue to rule on the visa application submitted by the person presuming the litigious civil status act, for a period not exceeding four months.
"When, despite the due diligence, these checks have not been completed, the suspension may be extended for a strictly necessary period and may not exceed four months. »
Section 48 is replaced by the following:
“Art. 48. - I. - The detention of a foreigner in non-custodial premises may be ordered when the alien:
« 1° Either, being the subject of an expulsion order, cannot leave Mayotte immediately;
« 2° Either, being the subject of a deportation order to the border under Article 30, cannot immediately leave Mayotte;
« 3° However, having been the subject of an investment decision under one of the previous cases, did not refer to the removal measure of which it is the subject within seven days of the term of the previous placement or, having referred to it, returned to Mayotte while that measure is still enforceable.
"The decision of placement is taken by the representative of the State in Mayotte, after the arrest of the foreigner and, if applicable, at the expiry of his custody, or at the end of his period of detention. It is written and motivated. A double is handed over to the interested party. The public prosecutor is immediately informed of this.
"The foreigner is informed in a language that he understands and as soon as possible that, during the entire period of detention, he may request the assistance of an interpreter, counsel and a doctor, and contact his consulate and a person of his choice.
"When he arrives at the detention centre, the foreigner receives notification of the rights he is likely to exercise in respect of asylum applications. In particular, the Committee is advised that its application for asylum will no longer be admissible during the period of detention if it is made more than five days after that notification.
"When a five-day period has elapsed since the detention decision, the Justice of Freedoms and Detention is seized for the purpose of extending detention. He decides by order, after hearing of the representative of the administration, if the official duly summoned is present, and the person concerned in the presence of his council, if he has one. If a courtroom assigned to the Ministry of Justice allowing him to publicly decide has been specially arranged in the immediate vicinity of this place of detention, he decides in this room. The judge shall remind the foreigner of the rights granted to him during the detention and shall ensure that, at the time of notification of the placement decision, the person concerned has been fully informed of his or her rights and is in a position to assert them. It informs it of the possibilities and deadlines for appeal against all decisions concerning it. The person concerned shall be kept at the disposal of the court during the strictly necessary time for the hearing and the order to be delivered.
"The order to extend the retention shall be short of the expiry of the five-day period set out in the eighth paragraph of the I.
"On an exceptional basis, the judge may order the summons to a foreigner's residence where he or she has effective representation guarantees, after handing over to a police service or a gendarmerie unit the original of the passport and any supporting document of his or her identity, in exchange for a receipt that will justify the identity, and on which the reference to the expulsion order is made during execution. A residence summons for a foreigner who has previously been exempted from the execution of a deportation measure at the current border, a ban on the territory of which he has not been relieved, or an expulsion measure in force must be the subject of special motivation.
"The foreigner is obliged to reside in the places set by the judge and must report periodically to the police or gendarmerie units for the execution of the removal measure. In the event of failure to comply with the obligations of residential assignment, the provisions of the first paragraph of section 36 shall apply. The public prosecutor is seized as soon as possible.
"When an order terminates detention or assigns the alien to residence, it is immediately notified to the public prosecutor. Unless otherwise provided by the court, the foreigner is then held at the disposal of the court for a period of four hours from the date of notification to the public prosecutor.
“II. - The application of these measures shall end no later than the expiry of a seven-day period from the extension order mentioned above. This period may be extended for a maximum of four days by order of the judge, and in the forms indicated in the eighth paragraph of the I, in the event of an absolute emergency and of a particular serious threat to public order; it may also be when the impossibility of performing the removal measure results from the loss or destruction of the travel documents of the interested person, from the concealment by the latter of his or her identity or from the voluntary obstruction made to his or her removal.
"III. - Orders referred to in I and II are subject to appeal to the first president of the High Court of Appeal or his delegate, who is seized without form and must rule within 48 hours, the current period from his referral; the appeal may be formed by the interested person, the public ministry and the representative of the state in Mayotte; The appeal is not suspensive. However, the Public Prosecutor's Office may request the first president of the Court of Appeal or his or her delegate to declare his or her suspensive appeal when it appears that the person concerned does not have effective representation guarantees or in the event of a serious threat to public order. In this case, the appeal, together with the application that refers to the absence of effective representation guarantees or to the serious threat to public order, is filed within four hours of the notification of the order to the public prosecutor and transmitted to the first president of the Court of Appeal or to his delegate. The appeal shall, without delay, decide whether it is necessary to give the appeal a suspensive effect, depending on the guarantees of representation available to the foreigner or the serious threat to public order, by a reasoned order made contradictoryly that is not subject to appeal. The interested party is kept at the disposal of the justice system until the order is issued and, if it gives a suspensive effect to the Public Prosecutor's appeal, until it is decided on the merits.
"IV. - The person concerned can benefit from legal aid.
"By a decision of the judge on the proposal of the representative of the State in Mayotte and with the consent of the foreigner, the hearings provided for in I, II and III may take place with the use of audiovisual telecommunications means guaranteeing the confidentiality of the transmission. In each of the two courtrooms open to the public, a record of the transactions is drawn up.
"In all places receiving persons placed or maintained under this section, a register shall be held in respect of the civil status of such persons and the conditions of their placement or retention.
"The representative of the State in Mayotte shall be at the disposal of the persons who request information on the date and time of the commencement of the detention of each alien in custody, the exact location of the detention and the date and time of the extension decisions.
"In case of necessity and for the duration of detention, the representative of the State in Mayotte may decide to move the foreigner from a place of detention to another place of detention, subject to inform the prosecutor of the Republic, and after the first order of extension, the judge of freedoms and detention.
“During the entire period of detention, the prosecutor of the Republic or the judge of freedoms and detention may be transported to the premises, verify the conditions of detention and communicate the register referred to in the second paragraph of IV. The Public Prosecutor visits places of detention whenever he considers it necessary and at least once a year.
"In each place of detention, a space for lawyers to speak confidentially with detained foreigners is provided. For this purpose, except in case of force majeure, it is accessible under any circumstances upon request of the lawyer. A decree in the Council of State specifies, as appropriate, the modalities under which the assistance of these interveners is exercised.
"Unless in the event of a threat to public order within or outside the place of detention, or if the person does not appear psychologically to be able to receive this information, the foreigner is informed by the person in charge of the place of detention of all travel forecasts concerning him: hearings, presentation at the consulate, conditions of departure. In each place of detention, a document written in the languages most commonly used and defined by order, describing the rights of the foreigner during the removal and detention procedure, as well as their conditions of exercise, is made available to foreigners. The lack of understanding of the provisions of this paragraph is without consequence on the regularity and validity of removal and retention procedures.
"A decree in the Council of State defines the modalities that foreigners held in custody receive reception, information and support actions to enable the effective exercise of their rights and prepare their departure.
"V. - A foreigner may only be placed or held in custody for the time strictly necessary for his departure. The administration must exercise due diligence to this effect.
"If the removal measure is cancelled by the administrative judge, it is immediately terminated the retention of the alien in custody and the alien is provided with a temporary residence permit until the representative of the State in Mayotte has again ruled on his case.
"If the foreigner is terminated in custody for a reason other than the administrative judge's cancellation of the removal measure, the judge of freedoms and detention reminds the foreigner of his obligation to leave the territory. If the foreigner is released on the expiry of the retention period, due to the lack of enforcement of the removal measure, the head of the detention centre does the same. The lack of understanding of the provisions of this paragraph is without consequence on the regularity and validity of subsequent removal and retention procedures.
"VI. - The prohibition of the territory imposed as a principal penalty and with provisional execution shall, in full right, result in the placement of the alien in places not falling within the prison administration, under the conditions defined in this article, during the strictly necessary time for his departure. The sixth paragraph of I is applicable. When a period of forty-eight hours has elapsed since the sentence was pronounced, the last three paragraphs of I and II to VII are applied.
"The prohibition of the territory imposed as a supplementary penalty may also give rise to the placement of the foreigner in places not falling within the prison administration, if applicable at the expiry of his prison sentence, under the conditions set out in this section.
« VII. - The appeal of a decision by the criminal court may be appealed by the foreigner placed or maintained in a place of detention by means of a statement to the head of the centre or the detention facility. The same is true of the appeal in cassation.
"This statement is found, dated and signed by the head of the centre or local. It is also signed by the foreigner. If the head of institution cannot sign, the head of institution shall mention it. This document is sent without delay, in original or in copy to the court office which rendered the decision under appeal. It is transcribed on the register provided by, as the case may be, the third paragraph of Article 380-12, the third paragraph of Article 502 or the third paragraph of Article 576 of the Code of Criminal Procedure, and annexed to the act prepared by the Registrar.
"When a foreigner is sentenced in the first instance to a ban on the territory as a principal penalty with provisional execution and the removal of the territory takes place before the date of the appeal hearing, his lawyer must be heard at the appeal hearing if he makes the request. The same is true of the lawyer who was commissioned on his own behalf when the foreigner requested the benefit of counsel in his appeal. »
Section 50 is replaced by the following:
I. - In the first paragraph of I, the words: "a port or airport" are replaced by the words: "a port or near the landing place, or at an airport."
II. - The second paragraph of I is replaced by the following:
"He is informed, as soon as possible, that he may request the assistance of an interpreter and a doctor, contact a counsel or any person of his choice and leave the waiting area at any time for any destination outside the territory of the French Republic. This information is communicated to him in a language he understands. Mention is made on the register mentioned below, which is started by the interested party. »
III. - The fifth paragraph of I is replaced by the following:
"The waiting area is delimited by the state representative in Mayotte. It extends from boarding and landing points to those where people's controls are carried out. It may include, on the right-of-way or near the port or airport or near the landing site, one or more accommodation facilities for the aliens concerned with hotel-type services.
"In these accommodations, a space for lawyers to speak confidentially with foreigners is planned. For this purpose, except in case of force majeure, it is accessible under any circumstances upon request of the lawyer. »
IV. - I is supplemented by a sub-item:
"The waiting area extends, without any need for a specific decision, to the places in which the foreigner must go either within the current procedure or in the event of a medical need. »
V. - In the first paragraph of the second paragraph, the words: "Chief of the Border Control Service or an official designated by him or her, who holds at least the rank of inspector" are replaced by the words: "Chief of the National Police or Customs Service, responsible for border control, or a public servant designated by him or her, who holds at least the rank of brigadier in the first case and a senior officer of second class in the second class".
VI. - The second paragraph of the second paragraph is supplemented by a sentence as follows:
"When the notification made abroad mentions that the prosecutor of the Republic has been informed without delay of the decision to maintain the waiting area or its renewal, that statement shall be deemed to be contrary. »
VII. - The third paragraph of II is repealed.
VIII. - In the first paragraph of the III:
1° The words: "President of the court of first instance or a magistrate of the seat delegated by him" are replaced by the words: "Justice of Freedoms and Detention,"
2° The words: "President of the court or his delegate" and are replaced by the words: "Justice of Freedoms and Detention,"
3° The words "to the president or his delegate" are replaced by the words "to the judge of freedoms and detention".
IX. - The last three sentences of the first paragraph of the III are replaced by nine sentences as follows:
"The foreigner or, in the case of the minor referred to in the third paragraph of the I, the ad hoc administrator may also request the judge of freedoms and detention the assistance of an interpreter and the communication of his file. The judge of freedoms and detention shall rule at the seat of the court of first instance. However, if a courtroom attributed to the Ministry of Justice allowing it to publicly decide has been specially arranged on the harbour or airport control, it statues in this room. If necessary, the President of the Court of First Instance may decide to hold a second hearing at the seat of the Court of First Instance on the same day as the one held in the specially appointed room. By a decision of the judge on the proposal of the representative of the State in Mayotte, and with the consent of the foreigner, the hearing may also take place with the use of audiovisual telecommunications means guaranteeing the confidentiality of the transmission. In each of the two courtrooms open to the public, a record of the transactions is drawn up. The judge of freedom and detention publicly decides. If the order puts an end to the maintenance in a waiting area, it is immediately notified to the public prosecutor. Unless otherwise provided by the prosecutor of the Republic, the foreigner is then kept at the disposal of the court for a period of four hours from the notification of the order to the prosecutor of the Republic. »
X. - After the second sentence of the second paragraph of the III, a sentence is inserted as follows:
"By a decision of the first president of the High Court of Appeal or his delegate, on the proposal of the representative of the State in Mayotte, and with the consent of the foreigner, the hearing may take place with the use of audiovisual means of telecommunications in the conditions provided for in the preceding paragraph. »
XI. - The III is supplemented by a sub-item:
"However, the Public Prosecutor may request the first president of the High Court of Appeal or his or her delegate to declare his or her suspensive appeal. In this case, the appeal, together with the application, is filed within four hours of notification of the order to the Public Prosecutor and transmitted to the first president of the High Court of Appeal or to his delegate. The latter shall, without delay, decide, if any, in the light of the documents of the file, to give this appeal a suspensive effect. He ruled by a reasoned order made contradictoryly that was not subject to appeal. The person concerned shall be kept at the disposal of the justice system until such order is issued and, if it gives a suspensive effect to the public prosecutor's appeal, until it is decided on the merits. »
XII. - In the first paragraph of the IV, the words "by the president of the court of first instance or his delegate" are replaced by the words "the judge of freedoms and detention".
XIII. - The IV is supplemented by a sub-item:
"However, when a foreigner who is not allowed to enter Mayotte file an application for asylum within the last four days of this new waiting period, the latter is extended by four days from the day of the application. This decision shall be entered into the registry provided for in II and brought to the attention of the public prosecutor under the conditions provided for in that same II. The judge of freedoms and detention is immediately informed of this extension. He can stop it. »
XIV. - At the end of the first sentence of the first paragraph of the V, the reference: "third paragraph of the II." is replaced by the reference: "second paragraph of the I.".
XV. - In the second sentence of the first paragraph of the V, the words: "the president of the court of first instance or his delegate" are replaced by the words: "the judge of freedoms and detention".
XVI. - In the first paragraph of the V, after the words: "and be communicated the register referred to in the II." it is inserted a sentence as follows:
"The public prosecutor visits the waiting areas whenever he considers it necessary and at least once a year. »
XVII. - The VI is supplemented by the words: "or a receipt of asylum".
XVIII. - After the first paragraph of the VIII, a sub-item reads as follows:
"If necessary, the alien may also be transferred to a waiting area in which the conditions required for his/her maintenance under the conditions set out in this section are met. »
XIX. - In VIII, the words: "the president of the Court of Grand Instance or his delegate" and "the president of the Court of First Instance" are replaced by the words: "the judge of freedoms and detention".
XX. - In the third paragraph of VIII, the words: "when it seizes them under the conditions set out in III and IV of this article" are replaced by the words: "when it seizes it under the conditions set out in III and IV of this article".
XXI. - It is completed by an X as follows:
"X. - shall be at the expense of the State and without recourse against the alien, under the conditions provided for in the criminal, correctional or police costs, the fees and allowances of the interpreters designated to assist him during the judicial proceedings in the waiting zone provided for in this article. »
After section 51, the following articles 51-1 and 51-2 are inserted:
"Art. 51-1. - When a foreigner is subjected to a non-admission measure in Mayotte, a retention area or a detention area and does not speak French, he indicates at the beginning of the proceedings a language he understands. He also indicates whether he can read. This information is referred to in the decision on non-admission, retention or placement. These statements are authentic unless otherwise proven. The language that the foreigner said to understand is used until the end of the procedure. If the foreigner refuses to indicate a language he understands, the language used is French.
"When it is provided in this Order that a decision or information must be communicated to a foreigner in a language that he or she understands, that information may be made by means of written forms or through an interpreter. The assistance of the interpreter is mandatory if the foreigner does not speak French and does not know how to read.
"If necessary, the interpreter's assistance can be done through telecommunications means. In such a case, it may only be used by an interpreter registered on one of the lists provided for in the following paragraph or by an interpreter and translation organization authorized by the administration. The name and contact details of the interpreter as well as the day and language used are indicated in writing abroad.
"In the court of first instance, a list of translators is held by the public prosecutor. The interpreters on this list are subject to an obligation of competence and professional secrecy.
"A decree in the Council of State sets out the terms and conditions for the application of this article, including the rules for the registration and revocation of translators registered with the prosecutor of the Republic.
"Art. 51-2. - The State may entrust to a person or group of persons, public or private law, a mission that covers both the design, construction, development, maintenance, hospitality and maintenance of detention centres or waiting areas.
"The execution of this mission is the result of a contract between the State and the person or grouping of persons according to the procedures provided by the law of the local public markets. If the market is alloti, offers simultaneously on several lots can be subject to a global judgment.
"The contracts passed by the State for the execution of this mission cannot include stipulations under the conventions referred to in articles L. 34-3-1 and L. 34-7-1 of the State domain code.
"The registration and monitoring of detained or maintained persons shall be entrusted to State officials. »
After section 52, an article 52-1 is created as follows:
"Art. 52-1. - The provisions of the first paragraph of Article 42, in their drafting by Order No. 2004-1253 of 24 November 2004, shall apply only to foreigners who have received a residence permit after the entry into force of that order. »
I. - In Article 53, after the words: "a foreigner" are added the words: "other than a national of a Member State of the European Union".
II. - In section 59-I, replace the date: "January 1, 2006" with the date: "January 1, 2010".
The order of March 20, 2002 referred to above is amended in accordance with sections 106 to 137 of this Order.
Section 4 is amended as follows:
I. - The 2° is replaced by the following:
« 2° Subject to the international conventions, the proof of accommodation provided for in Article 5-1, if required, and the other documents provided by decree in the Council of State relating, on the one hand, to the object and conditions of his stay and, on the other, if applicable, to his means of existence, to the care provided by an authorized insurance operator of medical and hospital expenses, including "
II. - In the second paragraph of the 3rd paragraph, the words "third paragraph of Article 12" are replaced by the words "second paragraph of Article 12".
After Article 5 is inserted a 5-1 article as follows:
"Art. 5-1. - A foreigner who declares that he or she wishes to stay in New Caledonia for a period not exceeding three months in connection with a family or private visit must submit a proof of accommodation. This document takes the form of a certificate of acceptance signed by the person who proposes to provide the accommodation of the alien, or his legal representative, and validated by the administrative authority.
"The reception certificate, signed by the host and accompanied by the supporting documents determined by decree in the Council of State, is presented for validation to the mayor of the commune of the place of accommodation, acting as agent of the State.
"It is accompanied by the host's commitment to take charge, for the duration of the visa's validity, and in the event that the foreigner received would not be able to, the residence fees in New Caledonia of the latter, limited to the amount of the resources required from abroad for his entry to New Caledonia in the absence of a certificate of reception.
"The mayor may refuse to validate the reception certificate in the following cases:
" - the host cannot present the required supporting documents;
" - it appears, either from the content of the attestation and the supporting documents presented, or from the verification carried out at the home of the host, that the foreigner cannot be accommodated under normal housing conditions;
" - the references on the certificate are inaccurate;
" - the certificates previously signed by the host indicated, if any, after investigation requested by the authority responsible for validating the reception certificate to the police or gendarmerie units, a diversion of the procedure.
"At the request of the mayor, specially authorized officers of the municipality's services may conduct on-site audits. Agents who are authorized to conduct these audits may only enter the host's home after they have ascertained the written consent of the host. In the event of a refusal of the host, the conditions for a reception under normal housing conditions are deemed to be unfulfilled.
"Requests for validation of reception certificates can be memorized and are subject to automated processing in order to combat procedural misappropriation. The corresponding files are put in place by the High Commissioner of the Republic in New Caledonia and made available to the mayors, according to the provisions determined by a decree in the Council of State, taken after advice of the National Commission of Computer Science and Freedoms. This decree specifies the duration of retention and the conditions for updating the recorded information, the terms and conditions for enabling persons to consult these files and, where applicable, the conditions under which interested persons may exercise their right of access.
"For stays covered by this article, the insurance obligation provided for in 2° of Article 4 may be satisfied by an insurance that has the same scope for the benefit of the foreigner by the person who proposes to host it.
"A decree in the Council of State sets out the conditions for the application of this article, including the conditions under which the alien may be exempted from the proof of accommodation in the event of a stay of a humanitarian character or of a cultural exchange, or when he asks to go to New Caledonia for an urgent medical cause or because of the funeral or serious illness of a loved one. »
Section 6 is replaced by the following:
“Art. 6. - Subject to the provisions of Article 14 or the stipulations of an international agreement, a foreigner over the age of eighteen who wishes to stay in New Caledonia shall, after the expiration of a period of three months since his entry into the territory of New Caledonia, be provided with a residence permit.
"This map is:
" - a temporary residence card, whose conditions of issuance and renewal are set out in Chapter I of Title II. The temporary residence card is valid for up to one year. A foreigner who stays under a temporary residence permit may apply for the issuance of a resident card under the conditions set out in sections 21 or 22;
"-a resident card, whose conditions of issuance and renewal are set out in Part II.
"The resident card is valid for a period of ten years.
"When the law so provides, the issue of a first resident card is subordinate to the republican integration of the foreigner into French society, particularly in view of his sufficient knowledge of the French language and the principles that govern the French Republic. The resident card is revolving in full law, except in the cases provided for in this order.
"For the assessment of the condition of integration, the High Commissioner of the Republic in New Caledonia may appeal to the mayor of the foreigner's commune of residence who requests the resident card.
"When an application for asylum has been definitively rejected, the foreigner seeking the issuance of a residence permit must justify, in order to obtain this title, that he meets all the conditions provided for in this order and the decrees made for its application.
"The three-month period provided for in the first paragraph may be amended by a joint order of the Minister of the Interior and the Minister responsible for the overseas. »
After Article 6, an article 6-1 is inserted as follows:
"Art. 6-1. - The detention of a recipient of an application for the issuance or renewal of a residence permit, a receipt of a asylum application or a temporary residence permit authorizes the presence of a foreigner in New Caledonia without prejudice to the final decision that will be taken under his right to stay. Except as expressly provided for by law or regulations, these documents do not allow their holders to engage in professional activity.
"From the date of expiry of the resident card or a residence permit for a period of more than one year provided for by an international stipulation and the decision of the administrative authority on the application for its renewal, within three months of that expiry date, the foreigner may also justify the regularity of his or her stay by the presentation of the card or title that has expired. During this period, it retains all of its social rights as well as its right to engage in a professional activity, in accordance with local regulations.
"Unless it is a foreigner who has been recognized as a refugee, the issuance of a temporary residence permit, a receipt of a residence permit or a receipt of a refugee claim does not have the effect of regularizing the conditions of entry into New Caledonia. »
Section 11 is amended as follows:
I. - The first sentence of the first paragraph of Article 11 is replaced by the following:
"In order to better guarantee the right to stay of people in a regular situation and to fight against the irregular entry and stay of foreigners in New Caledonia, the fingerprints as well as a photograph of foreign nationals not nationals of a Member State of the European Union who request the issuance of a residence permit under the conditions provided for in Article 6 may be taken up, stored and subject to automatic treatment set by law »
II. - It is added a last paragraph as follows:
"A decree in the Council of State, taken after the advice of the National Commission of Computer Science and Freedoms, sets out the modalities for the application of this article. It specifies the retention period and the conditions for updating the recorded information, the terms and conditions for enabling persons to access it, and, where applicable, the conditions under which interested persons may exercise their right of access. »
After Article 11 is inserted in Title I an article 11-1 as follows:
"Art. 11-1. - In order to better guarantee the right to stay of people in a regular situation and to fight against the irregular entry and stay of foreigners in New Caledonia, the fingerprints as well as a photograph of foreign nationals who request the issuance, with a consulate, of a visa in order to stay in New Caledonia may be lifted, memorized and subject to an automated treatment of the law in 1978.
"These prints and photographs are mandatory when a visa is issued.
"A decree in the Council of State, taken after the advice of the National Commission of Computer Science and Freedoms, sets out the modalities for the application of this article. It specifies the retention period and the conditions for updating the recorded information, the categories of persons able to access it and the terms and conditions for enabling it and, where applicable, the conditions under which interested persons may exercise their right of access. »
Section 12 is amended as follows:
I. - The first paragraph of section 12 is repealed.
II. - A second preambular paragraph reading:
"For foreigners between the ages of sixteen and eighteen who declare that they wish to engage in an employee's work, they shall, in full right, receive a temporary residence card or a resident card, if they meet the requirements of sections 17 or 22 of this order. They may, in other cases, request a temporary residence card or a resident card under section 21. »
Section 16 is amended as follows:
I. - The second paragraph is supplemented by three sentences as follows:
"In the event of a need to conduct the studies, the High Commissioner of the Republic in New Caledonia may grant this residence permit even in the absence of the long-term visa required subject to the regularity of his entry to New Caledonia. Under the same reserves, he may also issue her abroad who has attended school in New Caledonia for at least the age of sixteen years and is pursuing higher education. A decree in the Council of State specifies the conditions for the application of these provisions, in particular with regard to the resources required and the conditions for registration in an educational institution. »
II. - The seventh preambular paragraph is supplemented by the words: "as well as any foreigner who ignores these same provisions or who carries on a non-employed business without having received authorization. »
III. - In the last paragraph, after the words: "competent to criminal proceedings on the basis of the articles", the references are inserted: "222-39, 222-39-1,".
Section 17 is amended as follows:
I. - At 1°, after the words: "temporary residence card", are inserted the words: "or resident card", and the words: "holder of this card" are replaced by the words: "holder of either of these cards".
II. - At 2°, after the words: "was regular," the words are inserted: "that the community of life has not ceased."
III. - After the words: "on condition that it", the end of the 4th is thus written: "to make an effective contribution to the maintenance and education of the child under the conditions provided for in article 371-2 of the Civil Code since the birth of the child or for at least one year; "
IV. - The 7th is supplemented by two sentences as follows:
"The decision to issue the residence permit is taken by the High Commissioner of the Republic in New Caledonia, after notice of the doctor designated under the conditions provided for by a convention between the High Commissioner of the Republic and the Government of New Caledonia. The doctor may summon the applicant for a medical consultation before a medical commission whose composition is determined by joint decree of the ministers responsible for health and overseas. »
V. - It is supplemented by two paragraphs as follows:
"However, when the community of life was broken on the initiative of the foreigner because of the domestic violence he suffered on the part of his spouse, the High Commissioner of the Republic in New Caledonia may grant the renewal of the title.
"The access of the French child to the majority is not an obstacle to the renewal of the residence card issued under the 4th. »
Section 19 is amended as follows:
I. - After the fourth preambular paragraph, five sub-items are inserted:
"(d) A qualified personality designated by the High Commissioner of the Republic for his competence in public safety or his alternate;
“e) A mayor or his deputy appointed by the president of the Association of Mayors of New Caledonia or, where there are several associations of mayors, by the High Commissioner of the Republic in New Caledonia in consultation with them;
“(f) The President of the Government of New Caledonia or his representative.
"At his request, the mayor of the commune in which the foreigner resides, or his representative, is heard.
"A representative of the High Commissioner of the Republic in New Caledonia shall serve as Rapporteur of the Commission. »
II. - The fifth preambular paragraph is supplemented by the words "as well as in the case provided for in Article 44 IV bis".
After Article 19 is inserted an article 19-1 as follows:
"Art. 19-1. - The High Commissioner of the Republic in New Caledonia may also refer the Committee to the residence permit for any matter relating to the application of the provisions of this title. The head of the department responsible for work, employment and vocational training or his representative is invited, as appropriate, to participate in the meeting of the residence permit committee. »
Section 21 is replaced by the following:
“Art. 21. - A foreigner who justifies an uninterrupted residence in accordance with applicable local laws and regulations, at least five years in New Caledonia, may obtain a resident card. The decision to grant or refuse the resident card is taken taking into account the facts that it may invoke in support of its intention to establish permanently in New Caledonia, its means of existence and the conditions of its professional activity if it has one.
"The resident card may also be granted:
“(a) To spouse and minor children or in the year following their eighteenth anniversary of a foreigner holding the resident card, who were allowed to stay in New Caledonia as a result of family reunification and who justify an uninterrupted residence, in accordance with applicable local laws and regulations, of at least two years in New Caledonia;
“(b) A foreigner who is a father or mother of a French child residing in France and has been a holder for at least two years of the temporary residence card referred to in the 4th of Article 17, provided that he still meets the conditions for obtaining this temporary residence card and that he does not live in a state of polygamy.
"The child referred to in this section means a legitimate or natural child with a legally established filiation as well as a adopted child, by virtue of an adoption decision, subject to the public prosecutor's verification of the regularity of the child when it was pronounced abroad.
"In all cases provided for in this article, the decision to grant the resident card is subject to the Republican integration of the foreigner into French society under the conditions provided for in Article 6.
"The resident card may be refused to any foreigner whose presence constitutes a threat to public order. »
Section 22 is amended as follows:
I. - In the first paragraph, the words "at 1° to 4°" are replaced by the words "at 1° and 2°".
II. - At 1°, the words "one year" are replaced by the words "two years".
III. - The 3°, 4° and 8° are repealed.
IV. - In the penultimate paragraph, the references "3°, 4°" are deleted.
Section 29 is amended as follows:
I. - In the first paragraph of I, the words: "Community" are replaced by the words: "The Union";
II. - After the first paragraph of I, a sub-item is inserted:
"The same fine shall be punished by the air or marine transport company which, in the course of transit, arrives a foreigner not a national of a Member State of the European Union and shall be deprived of the travel document or visa required by the law or international agreement applicable to it in the light of its nationality and destination. »
III. - I is supplemented by three sub-items:
"The fine in the first and second paragraphs is reduced to 358,000 PSCs per passenger when the company has set up and uses, at the passenger boarding site, an approved digitalization and transmission device to the French border control authorities, travel documents and visas.
"A decree in the Council of State, taken after the advice of the National Commission on Informatics and Freedoms, sets out the modalities for the implementation of the preceding paragraph. It specifies the duration of data retention and the conditions for updating the recorded information, the categories of persons who may access it and the terms and conditions for enabling it, and, where applicable, the conditions under which interested persons may exercise their right of access.
"When the foreigner landed in New Caledonia is a minor without a legal representative, the sum of 358,000 PSCs or 716 000 PSCs must be immediately recorded with the grievor referred to in the third paragraph. All or part of this amount is returned to the company according to the amount of the fine subsequently issued by the Minister of the Interior. If the company does not record the amount, the amount of the fine is increased to 1,090,000 PSCs or 1,818,000 PSCs respectively. A decree in the Council of State sets the conditions for this consignation and its possible restitution, in particular the maximum period in which such restitution must intervene. »
IV. - II is replaced by the following:
“II. - Fines in I are not imposed:
« 1° When the foreigner was admitted to New Caledonia under an application for asylum that was not manifestly unfounded;
« 2° When the transport company determines that the required documents were presented to it at the time of boarding and that they do not include a manifest irregularity element. »
Section 30 is amended as follows:
I. - In the first paragraph of I, the words ", while in New Caledonia," are deleted.
II. - The second paragraph of I is replaced by the following:
"It shall be punishable by the same penalties that have facilitated or attempted to facilitate the irregular entry, movement or stay of a foreigner in the territory of a State party to the protocol against the smuggling of migrants by land, sea and air, supplementing the UN convention against transnational organized crime, signed in Palermo on 12 December 2000. »
III. - Prior to the last paragraph of I, a sub-item reads as follows:
"For the application of the second paragraph, the irregular situation of the foreigner is appreciated under the legislation of the State party concerned. In addition, proceedings may only be brought against the perpetrator of the offence on an official denunciation or on a certificate from the competent authorities of the State party concerned. »
IV. - II is replaced by the following:
“II. - Individuals guilty of one of the offences provided for in this article shall also be liable to the following additional penalties:
« 1° The residence ban for up to five years;
« 2° The suspension, for a maximum of five years, of the driver's licence. This may be doubled in the event of recurrence;
« 3° The temporary or final withdrawal of the administrative authorization to operate either casual or collective services, or a regular service, or an international transport shuttle service;
« 4° Forfeiture of the thing that served or was intended to commit the offence, including any means of transportation or land, river, sea or air, or the thing that is the product of it. The costs resulting from the measures necessary to execute the confiscation will be borne by the convicted person. They will be recovered as legal costs;
« 5° The prohibition for a period of not more than five years of professional or social activity on the occasion of which the offence was committed, subject to the reservations mentioned in section 131-27 of the Criminal Code.
"A violation of this prohibition shall be punished by imprisonment for two years and a fine of 3,636,000 PSC;
« 6° The prohibition of French territory for a period of not more than 10 years under the conditions and under the provisions of articles 131-30 to 131-30-2 of the Criminal Code. The prohibition of French territory shall, in full right, lead to the reappointment of the convict to the border, if any, upon the expiry of his prison sentence. »
V. - In the first paragraph of the III, the words: "Without prejudice to Article 28," are replaced by the words: "Without prejudice to Articles 28 and 31-1."
VI. - The 1st of the III is supplemented by the words: ", unless the spouses are separated from the body, have a separate domicile or have been allowed to reside separately".
VII. - The 2° of the III is replaced by the following:
« 2° From the spouse of the foreigner, unless they are separated from the body, have been allowed to reside separately or if the community of life has ceased, or from the person who is notoriously living in a marital situation with him; "
VIII. - The III is supplemented by a 3° as follows:
« 3° Any natural or legal person, where the deed was, in the face of a present or imminent danger, necessary for the safeguarding of the life or physical integrity of the alien, except where there is a disproportion between the means employed and the gravity of the threat or if it has given rise to a direct or indirect counterpart. »
After Article 30 is inserted an article 30-1 as follows:
"Art. 30-1. - I. - The offences provided for in Article 30 I shall be punished by ten years' imprisonment and by 89,500,000 CFP fines:
« 1° When committed in organized bands;
« 2° When committed in circumstances that directly expose aliens to an immediate risk of death or injury resulting in permanent mutilation or infirmity;
« 3° In the event that aliens are subject to conditions of life, transport, work or accommodation incompatible with the dignity of the human person;
« 4° When committed by means of an authorization or traffic in a reserved area of an aerodrome or port;
« 5° When they have the effect, for foreign minors, of removing them from their family environment or from their traditional environment.
“II. - In addition to the additional penalties provided for in Article 30, Part II, natural persons convicted under the offences referred to in Article I of this Article shall also be liable to the additional penalty for confiscation of all or part of their property, irrespective of the nature, furniture or buildings, divis or indivis.
"III. - Aliens convicted under one of the offences provided for in the I shall also be subject to the final prohibition of French territory under the conditions laid down in articles 131-30 to 131-30-2 of the Criminal Code. »
Section 31 is amended as follows:
I. - In the first paragraph, the words "of the offence under section 30" are replaced by the words "of the offences provided for in sections 30 and 30-1".
II. - It is supplemented by a sub-item:
"In the event of a conviction for the offences provided for in Article 30-1, the court may order the confiscation of all or part of the property of convicted legal persons, irrespective of the nature, furniture or buildings, divis or indivis. »
After section 31 are inserted in title III two articles 31-1 and 31-2 as follows:
"Art. 31-1. - I. - The contracting of a marriage for the sole purpose of obtaining, or obtaining, a residence permit, or for the sole purpose of acquiring, or acquiring, French nationality is punishable by five years' imprisonment and 1 790 000 CFP of fine.
"These same penalties are applicable in the event of an organization or attempt to organize a marriage for the same purposes.
"They are sentenced to ten years in prison and 89,500,000 CFPs when the offence is committed in organized bands.
"People guilty of any of the offences referred to in this section shall also be liable to the following additional penalties:
« 1° The residence ban for up to five years;
« 2° The prohibition of French territory, under the conditions provided for in articles 131-30 to 131-30-2 of the Criminal Code, for a period of not more than 10 years or for a final period;
« 3° The prohibition, for a period of not more than five years, of professional or social activity on the occasion of which the offence was committed, subject to the reservations mentioned in section 131-27 of the Criminal Code.
"The natural persons convicted under the offence referred to in the third paragraph shall also be liable to the additional penalty for confiscation of all or part of their property, irrespective of the nature, furniture or buildings, divis or indivis.
“II. - Legal persons may be declared criminally liable under the conditions provided for in article 121-2 of the Criminal Code for offences under the second and third paragraphs of I of this article.
"The penalties incurred by legal persons are:
« 1° The fine, in accordance with the terms provided for in Article 131-38 of the Criminal Code;
« 2° The penalties mentioned in 1°, 2°, 3°, 4°, 5° and 9° of Article 131-39 of the Criminal Code.
"The prohibition referred to in 2° of section 131-39 of the same code relates to the activity in the exercise or in the exercise of which the offence was committed.
"The legal persons convicted under the offence referred to in third paragraph I of this article shall also be liable to the confiscation of all or part of their property, irrespective of the nature, furniture or buildings, divis or indivis.
"Art. 31-2. - Without prejudice to the legal proceedings that may be brought against it, the employer who has occupied a foreign worker in an irregular situation of residence will pay a flat fee representative of the costs of rerouting the alien to his country of origin. The total amount of monetary penalties for the employment of a foreigner in an irregular residence situation shall not exceed the amount of the criminal penalties provided for in the locally applicable provisions relating to the employment of the foreign labour force or, if the employer enters the scope of these articles, the amount of the penal sanctions provided for in sections 29 to 30 of this order.
"The terms and conditions for the application of this article are set by decree in the Council of State. »
Section 32 is amended as follows:
I. - The 2° is supplemented by the words: "or if during this same period the foreigner has misunderstood the locally applicable provisions relating to the employment of the foreign labour force".
II. - In the last paragraph, the words: "immediately put in place" are replaced by the words: "as soon as possible put in place."
Section 33 is supplemented by a paragraph to read:
"In addition, without prejudice to the provisions of the preceding paragraph, the grounds for the expulsion order shall be reviewed every five years from the date of adoption of the order. This review takes into account the evolution of the threat posed by the presence of the person in New Caledonia for public order, the changes in his personal and family situation and the guarantees of professional or social reintegration that he presents, with a view to eventually repealing the order. Abroad may make written submissions. Failing to notify the person concerned of an explicit decision to repeal within two months, this review is deemed to have led to an implicit decision refusing the repeal. This decision is subject to appeal under the conditions set out in the Administrative Justice Code in respect of excess power. The review does not result in consultation with the commission under section 34. »
Section 35 is replaced by the following:
“Art. 35. - Subject to the provisions of section 36, an expulsion order may not be issued under section 33:
« 1° The foreigner, who does not live in a state of polygamy, who is the father or mother of a minor French child residing in the territory of the Republic, provided that he or she determines to contribute effectively to the maintenance and education of the child under the conditions provided for in article 371-2 of the Civil Code since the birth of the child or for at least one year;
« 2° The foreigner who has been married for at least two years with a spouse of French nationality, provided that the community of life has not ceased and that the spouse has retained French nationality;
« 3° The foreigner who justifies by any means that he or she has been in the territory of the Republic for more than fifteen years, unless he or she has been, throughout this period, a temporary residence permit bearing the mention "student;
« 4° The foreigner who has been residing regularly in the territory of the Republic for more than ten years, unless he has been, throughout this period, holder of a temporary residence permit bearing the mention "student;
« 5° A foreigner who has an employment accident or occupational illness annuity served by a French organization and whose permanent incapacity rate is equal to or greater than 20%.
"These same foreigners may not be subject to a deportation measure at the border pursuant to section 32.
"By derogation from the provisions of this article, a foreigner may be subjected to an expulsion order pursuant to sections 33 and 34 if he or she has been permanently sentenced to imprisonment for at least five years. »
After section 35 is inserted an article 35-1 as follows:
"Art. 35-1. - The expulsion may be pronounced:
« 1° In the event of an absolute emergency, by derogation from Article 34;
« 2° When it constitutes an imperative necessity for the security of the State or public security, by derogation from Article 35;
« 3° In the event of an absolute emergency and where it constitutes an imperative necessity for the security of the State or public security, by derogation from articles 34 and 35. »
Section 36 is replaced by the following:
“Art. 36. - I. - Except in the case of behaviours that affect the fundamental interests of the State, or related to activities of a terrorist character, or that constitute acts of provocation to discrimination, hatred or violence because of the origin or religion of persons, may not be subject to expulsion, including in the assumptions mentioned in the last paragraph of Article 35:
« 1° The foreigner who justifies by any means habitually resides in the territory of the Republic since he reached the age of thirteen;
« 2° The foreigner who has lived regularly in the territory of the Republic for more than twenty years;
« 3° The foreigner who has been residing regularly in the territory of the Republic for more than ten years and who, not living in a state of polygamy, has been married for at least three years either with a French national who has retained French nationality or with a foreign national under the 1°, provided that the community of life has not ceased;
« 4° The foreigner who has lived regularly in the territory of the Republic for more than ten years and who, not living in a state of polygamy, is the father or mother of a minor French child residing in the territory of the Republic, provided that he or she determines to contribute effectively to the maintenance and education of the child under the conditions provided for in Article 371-2 of the Civil Code since the birth of the child or for at least one year;
« 5° The foreigner usually residing in the territory of the Republic whose state of health requires medical care, which may result in the consequences of exceptional gravity for the foreigner, provided that he or she cannot effectively receive appropriate treatment in the country of return.
"The provisions set out in 3° and 4° are, however, not applicable when the facts at the origin of the expulsion measure were committed against the spouse or children of the foreign country.
"Unless in the event of an absolute emergency, the provisions of Article 34 shall apply to aliens expelled on the basis of this Article.
"These same foreigners may not be subject to a deportation measure at the border pursuant to section 32.
“II. - A minor alien of eighteen years of age may not be subject to an expulsion order or to a deportation measure to the border under section 32. »
After item 41 are inserted the 41-1 and 41-2 articles as follows:
"Art. 41-1. - Can also be the subject of an arrest of a foreign national who has been the subject of an expulsion order that has not been executed when his state of health requires medical care, the failure of which could lead to the consequences of exceptional gravity, provided that he cannot effectively benefit from appropriate treatment in the country of return. This measure may be accompanied by a work authorization according to the local regulations. The reporting obligations to the police and gendarmerie units as well as the penalties for non-compliance with the requirements for residential assignment provided for in Article 41 are applicable.
"Art. 41-2. - may also be subject to an order of arrest in residence, on a probatory and exceptional basis, the alien who is subject to an expulsion order on the basis of the last paragraph of section 35 or 2 of section 35-1. This measure may be accompanied by a work authorization according to the local regulations. It may be repealed at any time in the event of new acts constituting conduct that is harmful to public order. The reporting obligations to the police and gendarmerie units as well as the penalties for non-compliance with the requirements for residential assignment provided for in Article 41 are applicable. »
Article 42 reads as follows:
“Art. 42. - A request for an extension of a ban on the territory or for the repeal of an expulsion order submitted after the expiry of the administrative appeal period shall not be granted unless the foreign national resides outside the territory of the Republic. However, this condition is not required:
« 1° For the implementation of the third paragraph of Article 33;
« 2° During the time when the foreign national is sentenced to imprisonment on the territory of the Republic;
« 3° Where a foreigner is subject to a residential summons under section 41, section 41-1 or section 41-2. »
Section 44 is amended as follows:
I. - Section 44, II, III and IV, shall be replaced by the following provisions:
“II. - The authorization to enter New Caledonia as part of the family reunification procedure is given by the High Commissioner of the Republic, after verification of the conditions of resources and housing by the mayor of the foreign-residential commune or the mayor of the commune where he plans to settle.
"In order to verify the conditions of housing and resources, the mayor examines the required supporting documents to be determined by decree. Specially authorized officers of the municipality ' s services may enter the housing. They must ensure prior written consent from the occupant. In the event of a refusal by the occupant, the housing conditions for family reunification are deemed to be unfulfilled. When these audits were not conducted because the applicant did not yet have the necessary accommodation at the time of application, family reunification may be allowed if the other conditions are met and after the mayor has verified on exhibit the characteristics of the accommodation and the date on which the applicant will be provided.
"At the end of the investigation, the mayor issued a reasoned opinion. This notice is deemed to be in favour of the expiration of two months from the communication of the file by the High Commissioner of the Republic in New Caledonia.
"The High Commissioner of the Republic in New Caledonia shall rule on the application within six months of the filing by the foreigner of the full file of the application. He informs the mayor of the decision rendered.
"The decision of the High Commissioner of the Republic in New Caledonia authorizing the entry of family members into the territory of New Caledonia is null and void if the reunification did not take place within a prescribed time limit. In the event of the application of the stay procedure to the granting of a visa provided for in the last two paragraphs of Article 49, this period only runs from the date of issuance of the visa.
"III. - Members of the family who have entered the territory of New Caledonia regularly for family reunification, are entitled to a temporary residence permit, as soon as they are detained for a residence permit.
"IV. - In the event of a breakdown of the common life, the temporary residence card that has been handed over to a foreigner's spouse may, for the two years following its issuance, be subject to withdrawal or refusal to renew. When the rupture of the common life is preceded by the issuance of the title, the High Commissioner of the Republic in New Caledonia refuses to issue the temporary residence permit.
"However, when the community of life was broken on the initiative of the foreigner because of the domestic violence he suffered on the part of his spouse, the High Commissioner of the Republic in New Caledonia may grant the renewal of the title. »
II. - After the IV, an IV bis is inserted as follows:
"IV bis. - The residence of a foreigner who does not enter the categories referred to in section 35 and section 36 may be subject to a withdrawal when the holder has brought his spouse or children outside the family reunification procedure. The decision to withdraw the residence permit is taken after notice of the residence permit commission referred to in Article 19. »
Section 48 is replaced by the following:
“Art. 48. - The alien to whom the recognition of refugee status or the benefit of subsidiary protection has been definitively denied, and who cannot be allowed to remain in New Caledonia on another basis, must leave New Caledonia, under penalty of being subject to a removal measure provided for in section 32 and, where applicable, the penalties provided for in section 28. »
Section 49 is amended as follows:
I. - After the words "to the provisions" are inserted the words "of the second paragraph".
II. - It is supplemented by three paragraphs:
"Diplomatic or consular agents may also, on their own initiative, proceed with the legalization or verification of any foreign civil registration in the event of a doubt about the authenticity of this document, when they are seized with a visa application or a request for a transcript of a civil registration.
"For these audits and by derogation from the provisions of Article 21 of Act No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with the administrations, the diplomatic and consular authorities shall continue to rule on the visa application submitted by the person presuming the litigious civil status act, for a period not exceeding four months.
"When, despite the due diligence, these checks have not been completed, the suspension may be extended for a strictly necessary period and may not exceed four months. »
Section 50 is replaced by the following:
"Art. 50. - I. - The detention of a foreigner in non-custodial premises may be ordered when the alien:
« 1° Either, being the subject of an expulsion order, cannot immediately leave New Caledonia;
« 2° Either, being the subject of a deportation order to the border under section 32, cannot immediately leave New Caledonia;
« 3° However, having been the subject of an investment decision under one of the previous cases, has not referred to the removal measure that is the subject of it within seven days of the term of the previous placement or, having referred to it, has returned to New Caledonia while this measure is still enforceable.
"The placement decision is taken by the High Commissioner of the Republic in New Caledonia, after the arrest of the alien and, if applicable, upon the expiry of his custody, or at the end of his detention period. It is written and motivated. A double is handed over to the interested party. The public prosecutor is immediately informed of this.
"The foreigner is informed, in a language he understands and as soon as possible that, during the entire retention period, he may request the assistance of an interpreter, counsel and a doctor, and contact his consulate and a person of his choice.
"When he arrives at the detention centre, the foreigner receives notification of the rights he is likely to exercise in respect of asylum applications. In particular, the Committee is advised that its application for asylum will no longer be admissible during the period of detention if it is made more than five days after that notification.
"When a period of forty-eight hours has elapsed since the placement decision, the judge of freedoms and detention is seized for the purpose of extension of detention; this period is extended to three days outside the Grande-Terre limits. He decides by order, after hearing of the representative of the administration, if the official duly summoned is present, and the person concerned in the presence of his council, if he has one. If a courtroom assigned to the Ministry of Justice allowing him to publicly decide has been specially arranged in the immediate vicinity of this place of detention, he decides in this room. The judge shall remind the foreigner of the rights granted to him during the detention and shall ensure that, at the time of notification of the placement decision, the person concerned has been fully informed of his or her rights and is in a position to assert them. It informs it of the possibilities and deadlines for appeal against all decisions concerning it. The person concerned shall be kept at the disposal of the court during the strictly necessary time for the hearing and the order to be delivered.
"The order for the extension of the detention shall be short of the expiry of the period of forty-eight hours, or three days outside the limits of the Grande-Terre, as set out in the eighth paragraph of the I.
"On an exceptional basis, the judge may order the summons to a foreigner's residence where he has effective representation guarantees, after the handover to a police service or a gendarmerie unit of the original passport and any supporting document of his or her identity in exchange for a receipt that will justify the identity and on which the reference to the expulsion order is made. A residence summons for a foreigner who has previously been exempted from the execution of a deportation measure at the current border, a ban on the territory of which he has not been relieved, or an expulsion measure in force must be the subject of special motivation.
"The foreigner is obliged to reside in the places set by the judge and must report periodically to the police or gendarmerie units for the execution of the removal measure. In the event of failure to comply with the obligations of residential assignment, the provisions of the first paragraph of section 38 shall apply. The public prosecutor is seized as soon as possible.
"When an order terminates detention or assigns the alien to residence, it is immediately notified to the public prosecutor. Unless otherwise provided by the court, the foreigner is then held at the disposal of the court for a period of four hours from the date of notification to the public prosecutor.
“II. - The application of these measures shall end no later than the expiry of a five-day period, or six days outside the Grande-Terre limits, beginning with the extension order. This period may be extended for a maximum of five days by order of the judge, and in the forms indicated in the eighth paragraph of the I, in the event of an absolute emergency and of a particular serious threat to public order; it may also be when the impossibility of performing the removal measure results from the loss or destruction of the travel documents of the interested person, from the concealment by the latter of his or her identity or from the voluntary obstruction made to his or her removal.
"III. - Orders referred to in I and II are subject to appeal to the first president of the Court of Appeal or his delegate, who is seized without form and must rule within 48 hours, the current period from his referral; the appeal may be formed by the interested person, the public ministry and the high commissioner of the Republic in New Caledonia; The appeal is not suspensive. However, the Public Prosecutor's Office may request the first president of the Court of Appeal or his or her delegate to declare his or her suspensive appeal when it appears that the person concerned does not have effective representation guarantees or in the event of a serious threat to public order. In this case, the appeal, together with the application that refers to the absence of effective representation guarantees or to the serious threat to public order, is filed within four hours of the notification of the order to the public prosecutor and transmitted to the first president of the Court of Appeal or to his delegate. The appeal shall, without delay, decide whether it is necessary to give the appeal a suspensive effect, depending on the guarantees of representation available to the foreigner or the serious threat to public order, by a reasoned order made contradictoryly that is not subject to appeal. The interested party is kept at the disposal of the justice system until the order is issued and, if it gives a suspensive effect to the Public Prosecutor's appeal, until it is decided on the merits.
"IV. - The person concerned can benefit from legal aid.
"By a decision of the judge on the proposal of the High Commissioner of the Republic in New Caledonia and with the consent of the foreigner, the hearings provided for in I, II and III may take place with the use of audiovisual telecommunications means guaranteeing the confidentiality of the transmission. In each of the two courtrooms open to the public, a record of the transactions is drawn up.
"In all places receiving persons placed or maintained under this section, a register shall be held in respect of the civil status of such persons and the conditions of their placement or retention.
"The high commissioner of the Republic in New Caledonia shall be at the disposal of the persons who request the information regarding the date and time of the commencement of the placement of each alien in custody, the exact location of that alien and the date and time of the extension decisions.
"In the event of necessity and during the entire period of detention, the High Commissioner of the Republic in New Caledonia may decide to move the alien from a place of detention to another place of detention, subject to informing the prosecutor of the Republic, and after the first order of extension, the judge of freedoms and detention.
“During the entire period of detention, the prosecutor of the Republic or the judge of freedoms and detention may be transported to the premises, verify the conditions of detention and communicate the register referred to in the second paragraph of IV. The Public Prosecutor visits places of detention whenever he considers it necessary and at least once a year.
"In each place of detention, a space for lawyers to speak confidentially with detained foreigners is provided. For this purpose, except in case of force majeure, it is accessible under any circumstances upon request of the lawyer. A decree in the Council of State specifies, as appropriate, the modalities under which the assistance of these interveners is exercised.
"Unless in the event of a threat to public order within or outside the place of detention, or if the person does not appear psychologically to be able to receive this information, the foreigner is informed by the person in charge of the place of detention of all travel forecasts concerning him: hearings, presentation at the consulate, conditions of departure. In each place of detention, a document written in the languages most commonly used and defined by order, describing the rights of the foreigner during the removal and detention procedure, as well as their conditions of exercise, is made available to foreigners. The lack of understanding of the provisions of this paragraph is without consequence on the regularity and validity of removal and retention procedures.
"A decree in the Council of State defines the modalities that foreigners held in custody receive reception, information and support actions to enable the effective exercise of their rights and prepare their departure.
"V. - A foreigner may only be placed or held in custody for the time strictly necessary for his departure. The administration must exercise due diligence to this effect.
"If the removal measure is cancelled by the administrative judge, it is immediately terminated the retention of the alien in custody and the alien is provided with a temporary residence permit until the High Commissioner of the Republic in New Caledonia has again ruled on his case.
"If the foreigner is terminated in custody for a reason other than the administrative judge's cancellation of the removal measure, the judge of freedoms and detention reminds the foreigner of his obligation to leave the territory. If the foreigner is released on the expiry of the retention period, due to the lack of enforcement of the removal measure, the head of the detention centre does the same. The lack of understanding of the provisions of this paragraph is without consequence on the regularity and validity of subsequent removal and retention procedures.
"VI. - The prohibition of the territory imposed as a principal penalty and with provisional execution shall, in full right, result in the placement of the alien in places not falling within the prison administration, under the conditions defined in this article, during the strictly necessary time for his departure. The sixth paragraph of I is applicable. When a period of forty-eight hours has elapsed since the sentence was pronounced, the last three paragraphs of I and II to VII are applied.
"The prohibition of the territory imposed as a supplementary penalty may also give rise to the placement of the foreigner in places not falling within the prison administration, if applicable at the expiry of his prison sentence, under the conditions set out in this section.
« VII. - The appeal of a decision by the criminal court may be appealed by the foreigner placed or maintained in a place of detention by means of a statement to the head of the centre or the detention facility. The same is true of the appeal in cassation.
"This statement is found, dated and signed by the head of the centre or local. It is also signed by the foreigner. If the head of institution cannot sign, the head of institution shall mention it. This document is sent without delay, in original or in copy to the court office which rendered the decision under appeal. It is transcribed on the register provided by, as the case may be, the third paragraph of Article 380-12, the third paragraph of Article 502 or the third paragraph of Article 576 of the Code of Criminal Procedure, and annexed to the act prepared by the Registrar.
"When a foreigner is sentenced in the first instance to a ban on the territory as a principal penalty with provisional execution and the removal of the territory takes place before the date of the appeal hearing, his lawyer must be heard at the appeal hearing if he makes the request. The same is true of the lawyer who was commissioned on his own behalf when the foreigner requested the benefit of counsel in his appeal. »
Section 52 is amended as follows:
I. - In the first paragraph of I, the words: "a port or airport" are replaced by the words: "a port or near the landing place, or at an airport."
II. - The second paragraph of I is replaced by the following:
"He is informed, as soon as possible, that he may request assistance from an interpreter and a doctor, contact a counsel or any person of his or her choice and leave the waiting area at any time for any destination outside the territory of the Republic. This information is communicated to him in a language he understands. Mention is made on the register mentioned below, which is started by the interested party. »
III. - The fifth paragraph of I is replaced by the following:
"The waiting area is defined by the High Commissioner of the Republic in New Caledonia. It extends from boarding and landing points to those where people's controls are carried out. It may include, on the right-of-way or near the port or airport or near the landing site, one or more accommodation facilities for the aliens concerned with hotel-type services.
"In these accommodations, a space for lawyers to speak confidentially with foreigners is planned. For this purpose, except in case of force majeure, it is accessible under any circumstances upon request of the lawyer. »
IV. - I is supplemented by a sub-item:
"The waiting area extends, without any need for a specific decision, to the places in which the foreigner must go either within the current procedure or in the event of a medical need. »
V. - In the first paragraph of the second paragraph, the words: "Chief of the Border Control Service or an officer designated by him, who holds at least the rank of lieutenant" are replaced by the words: "Chief of the National Police or Customs Service, responsible for border control, or an officer designated by him, who holds at least the rank of brigadier in the first case and a senior officer of second class in the second class".
VI. - The second paragraph of the second paragraph is supplemented by a sentence as follows:
"When the notification made abroad mentions that the prosecutor of the Republic has been informed without delay of the decision to maintain the waiting area or its renewal, that statement shall be deemed to be contrary. »
VII. - The third paragraph of II is repealed.
VIII. - The last two sentences of the first paragraph of the III are replaced by eight sentences as follows:
"The judge of freedoms and detention shall rule at the court of first instance. However, if a courtroom attributed to the Ministry of Justice allowing it to publicly decide has been specially arranged on the harbour or airport control, it statues in this room. If necessary, the President of the Court of First Instance may decide to hold a second hearing at the seat of the Court of First Instance on the same day as the one held in the specially appointed room. By a decision of the judge on the proposal of the High Commissioner of the Republic in New Caledonia, and with the consent of the foreigner, the hearing may also take place with the use of audio-visual telecommunications means guaranteeing the confidentiality of the transmission. In each of the two courtrooms open to the public, a record of the transactions is drawn up. The judge of freedoms and detention publicly decides. If the order puts an end to the maintenance in a waiting area, it is immediately notified to the public prosecutor. Unless otherwise provided by the prosecutor of the Republic, the foreigner is then kept at the disposal of the court for a period of four hours from the notification of the order to the prosecutor of the Republic. »
IX. - After the second sentence of the second paragraph of the III, a sentence is inserted as follows:
"By a decision of the first president of the Court of Appeal or his delegate, on the proposal of the High Commissioner of the Republic in New Caledonia, and with the consent of the foreigner, the hearing may take place with the use of audiovisual means of telecommunications under the conditions set out in the preceding paragraph. »
X. - The III is supplemented by a sub-item:
"However, the Public Prosecutor may request the first president of the Court of Appeal or his or her delegate to declare his or her suspensive appeal. In this case, the appeal, together with the application, is filed within four hours of notification of the order to the Public Prosecutor and transmitted to the first president of the Court of Appeal or to his delegate. The latter shall, without delay, decide, if any, in the light of the documents of the file, to give this appeal a suspensive effect. He ruled by a reasoned order made contradictoryly that was not subject to appeal. The person concerned shall be kept at the disposal of the justice system until such order is issued and, if it gives a suspensive effect to the public prosecutor's appeal, until it is decided on the merits. »
XI. - The IV is supplemented by a sub-item:
"However, when a foreigner who is not allowed to enter New Caledonia file an application for asylum within the last four days of this new period of stay in the waiting area, the latter shall be extended by four days from the day of the application. This decision shall be entered into the registry provided for in II and brought to the attention of the public prosecutor under the conditions provided for in that same II. The judge of freedoms and detention is immediately informed of this extension. He can stop it. »
XII. - At the end of the first sentence of the first paragraph of the V, the reference: "third paragraph of the II." is replaced by the reference: "second paragraph of the I."
XIII. - At the end of the penultimate sentence of the first paragraph of the V, the words: "at least once a semester" are replaced by the words: "every time it considers it necessary and at least once a year".
XIV. - The VI is supplemented by the words: "or a receipt of asylum".
XV. - After the first paragraph of the VIII, a sub-item reads as follows:
"If necessary, the alien may also be transferred to a waiting area in which the conditions required for his/her maintenance under the conditions set out in this section are met. »
XVI. - It is completed by an X as follows:
"X. - shall be at the expense of the State and without recourse against the alien, under the conditions provided for in the criminal, correctional or police costs, the fees and allowances of the interpreters designated to assist him during the judicial proceedings in the waiting zone provided for in this article. »
After section 53, articles 53-1 and 53-2 are inserted as follows:
"Art. 53-1. - When a foreigner is subjected to a non-admission measure in New Caledonia, a stay in a waiting area or a detention area and does not speak French, he indicates at the beginning of the proceedings a language he understands. He also indicates whether he can read. This information is referred to in the decision on non-admission, retention or placement. These statements are authentic unless otherwise proven. The language that the foreigner said to understand is used until the end of the procedure. If the foreigner refuses to indicate a language he understands, the language used is French.
"When it is provided in this Order that a decision or information must be communicated to a foreigner in a language that he or she understands, that information may be made by means of written forms or through an interpreter. The assistance of the interpreter is mandatory if the foreigner does not speak French and does not know how to read.
"If necessary, the interpreter's assistance can be done through telecommunications means. In such a case, it may only be used by an interpreter registered on one of the lists provided for in the following paragraph or by an interpreter and translation organization authorized by the administration. The name and contact details of the interpreter as well as the day and language used are indicated in writing abroad.
"In the court of first instance, a list of translators is held by the public prosecutor. The interpreters on this list are subject to an obligation of competence and professional secrecy.
"A decree in the Council of State sets out the terms and conditions for the application of this article, including the rules for the registration and revocation of translators registered with the prosecutor of the Republic.
"Art. 53-2. - The State may entrust to a person or group of persons, public or private law, a mission that covers both the design, construction, development, maintenance, hospitality and maintenance of detention centres or waiting areas.
"The execution of this mission is the result of a contract between the State and the person or grouping of persons according to the procedures provided by the law of the local public markets. If the market is alloti, offers simultaneously on several lots can be subject to a global judgment.
"The contracts passed by the State for the execution of this mission cannot include stipulations under the conventions referred to in articles L. 34-3-1 and L. 34-7-1 of the State domain code.
"The registration and monitoring of detained or maintained persons shall be entrusted to State officials. »
After Article 54, an article 54-1 is inserted as follows:
"Art. 54-1. - The provisions of the first paragraph of Article 44, in their drafting by Order No. 2004-1253 of 24 November 2004, shall apply only to foreigners who have received a residence permit after the entry into force of that order. »
I. - After section 72 of the above-mentioned Act of 26 November 2003, an article 72 bis is inserted as follows:
"Art. 72 bis. - Articles 63 to 72 are and remain applicable in the French Southern and Antarctic Lands, Wallis and Futuna Islands, French Polynesia, Mayotte and New Caledonia. »
II. - After section 77 of the above-mentioned Act of 26 November 2003, an article 77 bis is inserted as follows:
"Art. 77 bis. - I. - In addition to their full application in the French Southern and Antarctic Lands and in Mayotte, articles 73 to 77, with the exception of the IV of section 74, are applicable in French Polynesia and New Caledonia.
“II. - Articles 73 to 77 are applicable in the Wallis and Futuna Islands.
"III. - Article 74 IV is applicable to Mayotte. »
After section 83 of the above-mentioned Act of 26 November 2003, an article 83 bis is inserted as follows:
"Art. 83 bis. - In addition to their full application to Mayotte and the French Southern and Antarctic Lands, articles 78 to 83 are applicable in the Wallis and Futuna Islands, French Polynesia and New Caledonia. »
After section 87 of the above-mentioned Act of 26 November 2003, an article 87 bis is inserted as follows:
"Art. 87 bis. - Articles 86 and 87 are applicable in the Wallis and Futuna Islands, French Polynesia, Mayotte and New Caledonia subject to the following modifications:
"I. - The words: "in France are replaced by the words: "in the territory of the Republic.
“II. - For their application in the Wallis and Futuna islands:
« 1° The words: "Article 28 quater of Order No. 45-2658 of 2 November 1945 on the conditions of entry and residence of foreigners in France and "Article 28 quater of the above-mentioned order are replaced by the words: "Article 40 of Order No. 2000-371 of 26 April 2000 on the conditions of entry and residence of foreigners in the Wallis and Futuna Islands;
« 2° The words: "in the first paragraph of Article 26 of the above-mentioned order are replaced by the words: "in the first paragraph of Article 34 of Order No. 2000-371 of 26 April 2000 on the conditions of entry and residence of foreigners in the Wallis and Futuna Islands;
« 3° The words: "Article 12 bis of Order No. 45-2658 of 2 November 1945 referred to above are replaced by the words: "Article 16 of Order No. 2000-371 of 26 April 2000 on the conditions of entry and residence of foreigners in the Wallis and Futuna Islands;
« 4° The words: "from categories 1 to 4° of articles 26 of Order No. 45-2658 of 2 November 1945 referred to above are replaced by the words: "from categories 1 to 4° of Article 34 of Order No. 2000-371 of 26 April 2000 relating to the conditions of entry and residence of foreigners in the Wallis and Futuna Islands;
« 5° The words: "of the 4th or 6th of Article 12 bis or in that of Article 29 of the said Order are replaced by the words: "of the 2nd or 4th of Article 16 or in that of Article 41 of Order No. 2000-371 of 26 April 2000 relating to the conditions of entry and residence of foreigners in the Wallis and Futuna Islands.
"III. - For their application in French Polynesia:
« 1° The words: "Article 28 quater of Order No. 45-2658 of 2 November 1945 on the conditions of entry and residence of foreigners in France and "Article 28 quater of the above-mentioned order are replaced by the words: "Article 42 of Order No. 2000-372 of 26 April 2000 on the conditions of entry and residence of foreigners in French Polynesia;
« 2° The words: "in the first paragraph of Article 26 of the above-mentioned order are replaced by the words: "in the first paragraph of Article 36 of Order No. 2000-372 of 26 April 2000 on the conditions of entry and residence of foreigners in French Polynesia;
« 3° The words: "Article 12 bis of Order No. 45-2658 of 2 November 1945 referred to above are replaced by the words: "Article 17 of Order No. 2000-372 of 26 April 2000 on the conditions of entry and residence of foreigners in French Polynesia;
« 4° The words: "from categories 1 to 4° of articles 26 of Order No. 45-2658 of 2 November 1945 referred to above are replaced by the words: "from categories 1 to 4° of Articles 36 of Order No. 2000-372 of 26 April 2000 relating to the conditions of entry and residence of foreigners in French Polynesia;
« 5° The words: "of the 4th or 6th of Article 12 bis or in that of Article 29 of the said Order are replaced by the words: "of the 2nd or 4th of Article 17 or in that of Article 44 of Order No. 2000-372 of 26 April 2000 relating to the conditions of entry and residence of foreigners in French Polynesia.
"IV. - For their application in Mayotte:
« 1° The words: "Article 28 quater of Order No. 45-2658 of 2 November 1945 on the conditions of entry and residence of foreigners in France and: "Article 28 quater of the above-mentioned order are replaced by the words: "Article 40 of Order No. 2000-373 of 26 April 2000 on the conditions of entry and residence of foreigners in Mayotte;
« 2° The words: "in the first paragraph of Article 26 of the above-mentioned order are replaced by the words: "in the first paragraph of Article 34 of Order No. 2000-373 of 26 April 2000 relating to the conditions of entry and residence of foreigners in Mayotte;
« 3° The words: "Article 12 bis of Order No. 45-2658 of 2 November 1945 referred to above are replaced by the words: "Article 16 of Order No. 2000-373 of 26 April 2000 on the conditions of entry and residence of foreigners in Mayotte;
« 4° The words: "from categories 1 to 4° of articles 26 of Order No. 45-2658 of 2 November 1945 referred to above are replaced by the words: "from categories 1 to 4° of articles 34 of Order No. 2000-373 of 26 April 2000 relating to the conditions of entry and residence of foreigners in Mayotte;
« 5° The words: "from 4° or 6° of Article 12 bis or in that of Article 29 of the said Order are replaced by the words: "from 2° and 3° of Article 16 or in that of Article 42 of Order No. 2000-373 of 26 April 2000 relating to the conditions of entry and residence of foreigners in Mayotte.
"V. - For their application in New Caledonia:
« 1° The words: "Article 28 quater of Order No. 45-2658 of 2 November 1945 on the conditions of entry and residence of foreigners in France and "Article 28 quater of the above-mentioned order are replaced by the words: "Article 42 of Order No. 2002-388 of 20 March 2002 on the conditions of entry and residence of foreigners in New Caledonia;
« 2° The words: "in the first paragraph of Article 26 of the above-mentioned order are replaced by the words: "in the first paragraph of Article 36 of Order No. 2002-388 of 20 March 2002 on the conditions of entry and residence of foreigners in New Caledonia;
« 3° The words: "Article 12 bis of Order No. 45-2658 of 2 November 1945 referred to above are replaced by the words: "Article 17 of Order No. 2002-388 of 20 March 2002 on the conditions of entry and residence of foreigners in New Caledonia;
« 4° The words: "from categories 1 to 4° of articles 26 of Order No. 45-2658 of 2 November 1945 referred to above are replaced by the words: "from categories 1 to 4° of Articles 36 of Order No. 2002-388 of 20 March 2002 relating to the conditions of entry and residence of foreigners in New Caledonia;
« 5° The words: "of the 4th or 6th of Article 12 bis or in that of Article 29 of the said Order are replaced by the words: "of the 4th or 6th of Article 17 or in that of Article 44 of Order No. 2002-388 of 20 March 2002 relating to the conditions of entry and residence of foreigners in New Caledonia. »
The Labour Code applicable to Wallis-et-Futuna is amended as follows:
I. - The fourth paragraph of Article 145 is supplemented by the following sentence:
"It also finds the offences set out in articles 28 and 28-1 of Order 2000-371 of 26 April 2000 relating to the conditions for the entry and residence of foreigners in the Wallis and Futuna Islands; "
II. - Article 154 is supplemented by a 4° as follows:
« 4° Request employers and persons in institutions subject to this Code to justify their identity and address. »
III. - The following sentence is added at the end of the first paragraph of article 156:
"They are empowered to request employers and persons in institutions subject to this Code to justify their identity and address. »
The Labour Code applicable to Mayotte is amended as follows:
I. - Section L. 342-1 is replaced by the following provisions:
"Art. L. 342-1. - I. - Any violation of the provisions of Article L. 330-2 is punishable by five years imprisonment and EUR 15,000 fine.
"These penalties are increased to 10 years' imprisonment and to EUR 100,000 when the offence is committed in organized bands.
"The fine is applied as many times as there are foreigners concerned.
“II. - Any violation of the provisions of Article L. 330-4 shall be punished by imprisonment for two months to two years and a fine of EUR 300 to EUR 3,000 or one of these two penalties only.
"The fine is applied as many times as there are foreigners concerned.
"In the event of recidivism, sentences of imprisonment and fine can be doubled. »
II. - Section L. 342-2 is replaced by the following provisions:
"Art. 342-2. - I. - In the event of conviction for the facts provided for in sections L. 330-2 and L. 330-4, the court may order, at the expense of the convicted person, the posting of the judgment at the doors of the establishments of the company and its publication in the newspapers it designates. It may also issue a stay ban for a maximum of five years.
“II. - In the event of a conviction for the facts provided for in Article L. 330-4, the court may also make an application forfeiture of all or part of the tools, machinery, materials, vehicles, crafts, ships or aircraft used or stored on the occasion of the offence or used to commit it, as well as the proceeds of work performed by foreigners without the authorization referred to in Article L. 330-1. The court shall designate the objects to which confiscation will be carried.
"III. - It may also pronounce, for persons convicted under the offence referred to in the second paragraph of Article L. 342-1, the confiscation of all or part of their property, irrespective of the nature, furniture or buildings, divis or indivis. »
III. - The second paragraph of Article L. 610-1 is supplemented by the following sentence:
"They also note the offences set out in articles 28 and 28-1 of Order 2000-373 of 26 April 2000 relating to the conditions of entry and residence of foreigners in Mayotte. »
IV. - At the end of article L. 610-6, it is added a paragraph as follows:
"The inspectors and labour controllers are empowered to request employers and persons in institutions subject to this Code to justify their identity and address. »
The Prime Minister, the Minister of Interior, Homeland Security and Local Freedoms, the Minister of Employment, Labour and Social Cohesion, the Minister of Justice, the Minister of Foreign Affairs and the Minister of Overseas are responsible, each with respect to him, for the application of this Order, to be published in the Official Journal of the French Republic.
Done in Paris, November 24, 2004.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
The overseas minister,
Brigitte Girardin
The Minister of the Interior,
of Internal Security
and local freedoms,
Dominique de Villepin
Minister of Employment, Labour
and social cohesion,
Jean-Louis Borloo
The Seal Guard, Minister of Justice,
Dominica Perben
Minister of Foreign Affairs,
Michel Barnier
