Advanced Search

Decree No. 2009 - 1098 Of 4 September 2009 On The Publication Of The Agreement Between The Government Of The French Republic And The International Organization Of Icpo-Interpol (Icpo-Interpol) Regarding The Headquarters Of The Organization On The Ter...

Original Language Title: Décret n° 2009-1098 du 4 septembre 2009 portant publication de l'accord entre le Gouvernement de la République française et l'Organisation internationale de police criminelle-Interpol (OIPC-Interpol) relatif au siège de l'organisation sur le ter...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Learn more about this text...

Information on this text

Summary

Application of art. 52 to 55 of the Constitution.

Keywords

OFFICE AND EUROPEAN , INTERNATIONAL AGREEMENT , MULTILATERAL AGREEMENT , INTERNATIONAL ORGANIZATION OF CRIMINAL POLICE , OPIC-INTERPOL , STRATEGIC ACTIVITY , INTERNATIONAL ORGANIZATION , EXTENSION , SUPPORT , VAT ,


JORF n°0208 of 9 September 2009 page 14844
text No. 12



Decree No. 2009-1098 of 4 September 2009 on the publication of the agreement between the Government of the French Republic and the International Criminal Police Organization-Interpol (OIPC-Interpol) on the headquarters of the organization on the French territory (a consolidated annex), signed in Lyon on 14 April 2008 and in Paris on 24 April 2008 (1)

NOR: MAEJ0919137D ELI: https://www.legifrance.gouv.fr/eli/decret/2009/9/4/MAEJ0919137D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2009/9/4/2009-1098/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Seen them Articles 52 to 55 of the Constitution ;
Vu la Act No. 2009-411 of 16 April 2009 authorizing the approval of the agreement between the Government of the French Republic and the International Criminal Police Organization-Interpol (OIPC-Interpol) concerning the headquarters of the organization in French territory;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 84-172 of 6 March 1984 issuing the agreement between the Government of the French Republic and the International Criminal Police Organization concerning the seat of Interpol and its privileges and immunities on the French territory (a set of two annexes) and the exchange of letters, signed in Paris on 3 November 1982,
Decrete:

Article 1


The agreement between the Government of the French Republic and the International Criminal Police Organization-Interpol (OIPC-Interpol) concerning the headquarters of the organization on the French territory (a consolidated annex), signed in Lyon on 14 April 2008 and in Paris on 24 April 2008, will be published in the Official Journal of the French Republic.

Article 2


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

  • Annex



    A C C O R D


    BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND INTERNATIONAL ORGANIZATION OF CRIMINAL POLICE-INTERPOL (OIPC-INTERPOL) RELATING TO THE UNITED NATIONS SYSTEM OF THE UNITED NATIONS
    The Government of the French Republic and the International Criminal Police Organization-Interpol (OIPC-Interpol),
    Considering Article 1 of the Statute of the International Criminal Police Organization-Interpol, which states that its seat is in France;
    Desirous of defining, in the territory of the French Republic, the statute and privileges and immunities of the International Criminal Police Organization-Interpol, which are necessary for it to exercise its functions and achieve its purposes;
    Desiring to conclude for this purpose an agreement intended to replace the Agreement between the Government of the French Republic and the International Criminal Police Organization-Interpol on the seat of Interpol and its privileges and immunities on the French territory of 3 November 1982;
    Without prejudice to the relevant rules of general international law,
    The following agreed:


    Article 1


    The headquarters of the International Criminal Police Organization-Interpol, referred to as the "Organization", is in France. It includes the land, facilities and premises that it occupies or would be occupied for the purposes of its activity, excluding the premises for the use of its staff.


    Article 2


    The Government of the French Republic recognizes the legal personality of the Organization and its capacity, including:
    (a) To contract;
    (b) To acquire and dispose of furniture and real estate related to its activity;
    (c) To judge.


    Article 3


    1. The seat is placed under the authority and control of the Organization.
    2. Unless otherwise provided in this Agreement, French laws shall apply within the buildings and premises of the Organization's headquarters. However, it has the right to enact regulations to facilitate, within these buildings and premises, the full exercise of its responsibilities.


    Article 4


    1. The Organization's seat is inviolable. French officials or officials may only enter into their duties with the consent of the Secretary-General. However, the Secretary-General's consent may be presumed to be acquired in the event of a fire or other claims requiring immediate protection.
    2. The Government of the French Republic takes all necessary measures to protect the Organization's headquarters and to maintain order in its immediate vicinity.
    3. The Organization will not allow its seat to serve as a refuge for a person prosecuted as a result of a flagrant crime or offence, or subject to a warrant of justice, a criminal conviction, an expulsion order issued by the French authorities or a European arrest warrant issued in a Member State of the European Union in accordance with the Council Framework Decision of 13 June 2002 on the procedure for the European arrest between Member States and


    Article 5


    1. The Organization shall enjoy immunity from jurisdiction except in cases:
    (a) Where the waiver expressly results from the terms of a contract;
    (b) A civil action not brought to a third party for damage resulting from an accident caused by a motor vehicle owned or used on behalf of the Organization or an offence to regulate the movement of self-propelled vehicles involving such a vehicle;
    (c) A counterclaim directly related to a procedure initiated principally by the Organization.
    2. The Organization may expressly waive its immunity from jurisdiction in a particular case.


    Article 6


    1. The property and assets of the Organization, wherever and regardless of their holder, are free from seizure, confiscation, requisition and expropriation or any other form of administrative or judicial restraint.
    2. The provisions of the preceding paragraph do not apply:
    (a) In the event of waiver of immunity from jurisdiction in accordance with Article 5 (1) (a) of this Agreement;
    (b) In case of civil action brought pursuant to Article 5, paragraph 1 (b), of this Agreement;
    (c) If such measures are provisionally necessary for the purpose of preventing accidents involving motor vehicles owned or used on behalf of the Organization and for the purpose of investigating such accidents;
    (d) In the event of a counter-terrorism action directly related to a procedure initiated principally by the Organization, referred to in Article 5, paragraph 1 (c), of this Agreement.


    Article 7


    The archives of the Organization and, in general, all documents belonging to it or held by it in any form are inviolable wherever they are.


    Article 8


    1. The inviolability of the official correspondence of the Organization is guaranteed. Its official communications cannot be censored and can use codes.
    2. For its official communications, the Organization has at least as favourable treatment as the treatment given to diplomatic missions accredited in France in terms of tariffs, taxes and priority.


    Article 9


    1. Without any control, regulation or financial moratorium, the organization may:
    (a) Receive and hold funds and currencies of any kind and have accounts in any currency and country;
    (b) Free transfer of funds and currencies within French territory, from France to another country and vice versa.
    2. In the exercise of its rights under this article, the Organization shall take into account any representations made to it by the Government of the French Republic insofar as it considers that it will be able to act on it without prejudice to its interests.


    Article 10


    The Organization, its assets, revenues and other assets are exempt from any direct tax. However, the exemption does not relate to fees paid for services rendered.


    Article 11


    1. The acquisitions and leases of buildings carried out by the Organization for its administrative and technical operation are exempt from the right to register and tax on land advertising.
    2. Insurance contracts under the Organization's official activities are exempted from the special tax on insurance agreements.


    Article 12


    1. The Organization shall bear, under conditions of common law, the incidence of indirect taxes that enter the price of goods sold or services rendered.
    2. However, taxes on revenues collected for the benefit of the State budget and related to important purchases of furniture and real estate or services for the administrative, scientific and technical functioning of the Organization, as well as to the publication of publications corresponding to its mission, will be reimbursed under conditions fixed by mutual agreement with the competent French authorities.
    3. The Organization is reimbursed for the turnover tax for the real property expenses it incurred as of 1 January 2004.


    Article 13


    1. The administrative, scientific and technical materials necessary for the operation of the Organization, as well as the publications corresponding to its mission, are exempted from import duties and taxes.
    2. Articles in the categories of goods referred to in the preceding paragraph are also exempted from the import and export of any prohibition or restriction measures.
    3. The goods imported for the benefit of these facilities may only be subject to an assignment or loan in French territory under conditions previously approved by the competent French authorities.


    Article 14


    1. The Government of the French Republic authorizes, without visa fees or delay, the entry and stay in France for the duration of their duties or missions to the Organization:
    (a) Representatives of Member States and observers at the sessions of the organs of the Organization or at conferences and meetings convened by the Organization;
    (b) Members of the Executive Committee;
    (c) Councillors and experts on mission to the Organization, as well as those officially called upon by the Organization to perform functions within its institutions;
    (d) Staff of the Organization and their families.
    2. Persons referred to in the preceding paragraph are not exempt from the application of the public health regulations in force.


    Article 15


    The persons referred to in subparagraphs (a), (b) and (c) of the first paragraph of the preceding article shall enjoy the following privileges and immunities in the territory of the French Republic during the performance of their duties or during their journeys to or from the place of the meeting:
    (a) Immunity of arrest or detention except in the event of a flagrant crime or offence;
    (b) Immunity of jurisdiction, even after the end of their mission, for the acts performed by them in the performance of their duties and within the strict limits of their powers. This immunity does not apply in the event of a violation of the regulation of the movement of self-propelled vehicles by one of the above-mentioned persons or damage caused by a self-propelled vehicle owned or driven by it;
    (c) Inviolability of all official documents and documents;
    (d) Even in terms of foreign exchange regulations than those granted to diplomatic agents.


    Article 16


    1. In addition to the privileges and immunities provided for in Article 17, the Secretary General has the status of Head of Diplomatic Mission.
    2. Directors stationed at the General Secretariat of the Organization in France shall enjoy, during their term of office, privileges and immunities recognized to diplomatic agents.


    Article 17


    1. The staff of the Organization referred to in the annex to this Agreement shall be entitled to:
    (a) Even after they ceased to be in the service of the Organization, immunity from jurisdiction for the acts performed by them in the performance of their duties and in the strict limit of their powers. Such immunity shall not apply in the event of a violation of the regulation of the movement of self-propelled vehicles by a member of the staff of the Organization or of damage caused by a self-propelled vehicle owned or driven by it;
    (b) A special residence permit issued by the competent French authorities, for themselves, their spouses and minor children;
    (c) Same facilities with respect to foreign exchange regulations as those granted to diplomatic agents;
    (d) In times of international tension, repatriation facilities granted to members of diplomatic missions. Their spouses and their dependent families will benefit from the same facilities.
    2. They also benefit if they previously resided abroad:
    (a) The right to openly import their furniture and personal belongings in use during their establishment in France;
    (b) Temporary duty-free import regime for a motor vehicle.


    Article 18


    1. The staff of the Organization referred to in the annex to this Agreement shall be subject to a tax for the benefit of the Organization on salaries and emoluments paid to them. From the date of application of this tax, these wages and emoluments are exempt from French income tax.
    2. The provisions of the preceding paragraph do not apply to pensions and pension benefits paid by the Organization to former staff members.
    3. The French authorities, together with the authorities of the States concerned, will deal with cases of double taxation of salaries and emoluments concerning foreign officials made available to the Organization.


    Article 19


    1. At any time, the Secretary General of the Organization works with the competent French authorities to facilitate the proper administration of justice, to ensure compliance with the police regiments and to avoid any misuse of the privileges, immunities, exemptions and facilities listed in this Agreement.
    2. This collaboration also applies in the event of the seizure of remuneration of a staff member of the Organization resulting from a final and enforceable court decision.


    Rule 20


    The Government of the French Republic is not obliged to grant to its own nationals or permanent residents in France the privileges and immunities mentioned in articles 15, 16, 17, paragraph 1, subparagraphs b to d and 17, paragraph 2, subparagraph b. The Government of the French Republic recognizes the international character of the functions performed by the persons referred to in article 14, paragraph 1, subparagraph (b), and undertakes not to interfere in the performance of such functions.


    Article 21


    1. The Secretary General shall communicate to the Government of the French Republic the names of the personnel referred to in the annex to this Agreement, to which, in whole or in part, articles 17 and 18 above apply.
    2. The privileges and immunities provided for in this Agreement shall be granted to their beneficiaries, not their personal benefit, but in the interest of the proper functioning of the Organization. The Member States of the Organization and the Organization shall have the right and duty to lift the immunity of beneficiaries in all cases where it would hinder the action of justice and where it may be lifted without prejudice to the interests of the Organization. With regard to the Secretary General, the Executive Committee has the right to waive immunities.


    Article 22


    The provisions of this Agreement shall in no way affect the right of the Government of the French Republic to take such measures as it considers useful to the security of France and to the safeguarding of public order.


    Article 23


    Nothing in this Agreement shall be construed as permitting interference in the assets and activities necessary for the operation of the Organization.


    Article 24


    1. Unless otherwise decided by the parties to the dispute, any dispute between the Organization and a private party shall be settled in accordance with the "Optional Arbitration Rules between international organizations and private parties of the Permanent Court of Arbitration", by a court composed of one or three arbitrators appointed by the Secretary General of the Permanent Court of Arbitration. However, each party may request the Secretary-General of the Permanent Court of Arbitration to immediately establish such a tribunal to consider a request for interim measures to protect its rights.
    2. Unless otherwise decided by the parties, any dispute between the Government of the French Republic and the Organization relating to the interpretation or application of this Agreement may not have been settled by negotiation shall be submitted to an arbitral tribunal composed, according to the choice of the parties, of one or three arbitrators, in accordance with the "Optional Arbitration Rules of the Permanent Court of Arbitration for International Organizations and States". The sole arbitrator shall be designated jointly by the parties or, failing that, the Secretary General of the Permanent Court of Arbitration. When the arbitral tribunal is composed of three members, one shall be designated by the Government of the French Republic, the other shall be designated by the Organization and the third, which shall preside over the court, by mutual agreement by the two arbitrators or, if not, by the Secretary General of the Permanent Court of Arbitration. However, each Party may request the Secretary-General of the Permanent Court of Arbitration to immediately establish such a tribunal to consider a request for interim measures to ensure the protection of its rights under this Agreement.
    3. The procedure provided for in paragraph 1 of this Article shall not apply to disputes arising out of the application or interpretation of the Statute of the Organization or its annexes.


    Rule 25


    This Agreement may be revised at the request of either Party. To do so, both Parties consult on the amendments to the Agreement. In the event that these negotiations do not result in an agreement within one year, this Agreement may be denounced by either Party on a two-year notice.


    Rule 26


    This Agreement repeals the Agreement between the Government of the French Republic and the International Criminal Police Organization-Interpol on the seat of Interpol and its privileges and immunities on the French territory signed in Paris on 3 November 1982. It will be approved by the Government of the French Republic, on the one hand, and by the International Criminal Police Organization-Interpol, on the other. Each Party shall notify the other of its approval of this Agreement, which shall enter into force on the first day of the second month following receipt of the second notification.
    In the belief that the undersigned, duly authorized to do so, have signed this Agreement and have affixed their seal to it.
    Made in duplicate in French.
    Done in Paris, April 24, 2008.
    Done in Lyon, April 14, 2008.


    For the Government
    of the French Republic:
    Michèle Alliot-Marie,
    Minister of Interior,
    from overseas
    and territorial authorities
    For the Organization
    International
    Criminal police-Interpol:
    Ronald K. Noble,
    Secretary General
    A N N E X E


    Organization staff are divided into the following categories:
    I. ― The Secretary General, the highest official of the Organization.
    II. ― Persons made available to the Organization by their national administration, called "public servants made available."
    III. ― Persons under contract employed by the Organization called "contracted civil servants".


Done in Paris, September 4, 2009.


Nicolas Sarkozy


By the President of the Republic:


The Prime Minister,

François Fillon

Minister for Foreign Affairs

and European,

Bernard Kouchner

(1) This Agreement entered into force on 1 September 2009.
Download the document in RTF (weight < 1MB) Extrait du Journal officiel électronique authentifié (format: pdf, weight : 0.27 Mo) Download the document in RDF (format: rdf, weight < 1 MB)