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Decree No. 2010-649 11 June 2010 On The Publication Of The Convention On Cooperation In Security And Fight Against Organized Crime Between The Government Of The French Republic And The Great Jamahiriya Has...

Original Language Title: Décret n° 2010-649 du 11 juin 2010 portant publication de la convention relative à la coopération en matière de sécurité et de lutte contre la criminalité organisée entre le Gouvernement de la République française et la Grande Jamahiriya a...

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Summary

Implementation of article 52 to 55 of the Constitution.

Keywords

OFFICE AND EUROPEAN , INTERNATIONAL AGREEMENT , BILATERAL AGREEMENT , FRANCE , LIBYE , CONVENTION , COOPERATION AGREEMENT , TECHNICAL COOPERATION , INTERNATIONAL COOPERATION


JORF n°0135 of 13 June 2010 page 10904
text No. 6



Decree No. 2010-649 of 11 June 2010 on the publication of the convention on cooperation in the field of security and combating organized crime between the Government of the French Republic and the Great Socialist People ' s Libyan Arab Jamahiriya, signed in Paris on 10 December 2007 (1)

NOR: MAEJ1014788D ELI: https://www.legifrance.gouv.fr/eli/decret/2010/6/11/MAEJ1014788D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2010/6/11/2010-649/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Considering articles 52 to 55 of the Constitution;
Vu la Act No. 2010-159 of 22 February 2010 authorizing the approval of the Convention on Security Cooperation and Combating Organized Crime between the Government of the French Republic and the Great Libyan, Popular and Socialist Arab Jamahiriya;
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. 69-446 of 2 May 1969 publishing the Single Convention on Narcotic Drugs of 30 March 1961;
Vu le Decree No. 75-1076 of 4 November 1975 publishing the Protocol amending the Single Convention on Narcotic Drugs of 1961;
Vu le Decree No. 77-41 of 11 January 1977 publishing the Convention on Psychotropic Substances, held in Vienna on 21 February 1971;
Vu le Decree No. 91-271 of 8 March 1991 Publication of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, adopted at Vienna on 19 December 1988,
Decrete:

Article 1


The convention on security cooperation and combating organized crime between the Government of the French Republic and the Great Socialist People ' s Libyan Arab Jamahiriya, signed in Paris on 10 December 2007, 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



    C O N V E N T I O N


    RELATIVE TO COOPERATION IN SAFETY AND LUTTE CONTRE LA CRIMINALITÉ ORGANISÉE ENTRE LE GOUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE ET LA GRANDE JAMAHIRIYA ARABE, LIBYENNE, POPULAIRE ET SOCIALIST
    The Government of the French Republic and
    The Great Libyan Arab Jamahiriya, popular and socialist,
    The Parties shall,
    Desirous of strengthening their friendship,
    Concerned about the threat of organized crime in all its forms and terrorism,
    Wishing to strengthen their cooperation in domestic security in the interests of both countries,
    The following agreed:


    Article 1


    Parties shall cooperate in the field of security and combating organized crime, including in the field of training, and shall mutually assist in the following areas:
    1. Combating terrorism and organized crime;
    2. The fight against irregular immigration and documentary fraud;
    3. The fight against falsehood and counterfeiting;
    4. Port and airport security;
    5. The technical and scientific police;
    6. Civil protection, fire fighting and rescue at sea;
    7. Crisis management;
    8. Combating illicit trafficking in narcotic drugs, psychotropic substances and their chemical precursors;
    9. The safety of air and marine means of transport;
    10. The protection of high personalities;
    11. Mine clearance;
    12. Combating economic and financial offences, including money-laundering;
    13. Combating human trafficking;
    14. Combating trafficking in stolen cultural property and art objects;
    15. The fight against fraud related to new information and communication technologies;
    16. The fight against cybercrime.
    This cooperation may be extended to other areas of internal security through amendments, in agreement between the two Parties.


    Article 2


    1. All activities under this Convention shall be carried out by each Party in strict compliance with its national legislation and the international commitments it has undertaken.
    2. Seizure of a request for communication of information contained in this Convention, each Party may reject it if it considers it to be contrary to its national legislation or an offence to fundamental human rights.
    3. Seizure of a request for cooperation under this Convention, each Party may reject it if it considers that its acceptance would affect the sovereignty, security, public order, the rules of organization and operation of the judicial authority or other essential interests of its State.
    4. When, pursuant to paragraphs 2 and 3 of this Article, one Party rejects a request for cooperation, it shall inform the other Party.


    Article 3


    Parties shall provide assistance in combating the various forms of international crime referred to in Article 1. For these purposes, Parties may communicate, in accordance with national legislation, information relating to the structures, functioning and methods of criminal organizations suspected of participating in the various forms of international crime, the circumstances of crimes committed in this context, as well as the legal provisions infringed and the measures taken, to the extent necessary for the prevention of such offences. In this context, each Party may make samples or objects available to the other, at its request, and information relating to them.
    Parties shall exchange the results of their research in forensics and criminology and mutually inform their investigative methods and means of combating international crime;
    Parties may exchange specialists for the purpose of acquiring high-level professional knowledge and discovering modern means, methods and techniques to combat international crime.


    Article 4


    As part of the fight against terrorism, Parties shall, in accordance with their national legislation, exchange relevant information relating to:
    1. To the acts of terrorism planned or committed, the modes of execution and the technical means used for the execution of such acts;
    2. terrorist groups that provide, commit or have committed terrorist acts in the territory of one of the Parties and infringe on the interests of the other;
    Both Parties shall treat confidential information and products that the Party of origin considers to be such. In accordance with this Convention, such information and products should not be disclosed to a third party without the authorization of the issuing State.


    Article 5


    The two Parties assist in the fight against illegal drug trafficking, trade and use, as well as the illegal cultivation of plants entering their production. They take the necessary measures to prevent their misuse, import, export, transport or consumption.
    Drugs, narcotics and plants are defined by the domestic laws of each country.
    To achieve this objective, Parties shall take coordinated measures and shall endeavour to exchange, in accordance with their national legislation:
    1. Information on the methods used by criminal organizations involved in the production and illicit trafficking of narcotic drugs and psychotropic substances, their caches and means of transport, to the places of origin, transit, acquisition and destination of narcotics and psychotropic substances, as well as any particular details relating to such offences, which could help prevent, prevent and assist in detecting the facts covered by the Single Convention of the United Nations 1961
    2. Information on the current methods of illicit international trade in narcotic drugs and psychotropic substances and the resulting money laundering;
    3. Results of forensic and criminology research in the areas of illicit drug trafficking, psychotropic substances and their abuse;
    4. Samples of narcotics, psychotropic substances and chemical precursors or technical information on sampling;
    5. Experiences related to the control and legal trade of narcotics, psychotropic substances and their precursors.


    Article 6


    In each of the areas listed in Article 1 of this Convention, the main purpose of cooperation is:
    1. General and specialized training:
    – Parties are committed to increasing cooperation between educational institutions and institutions, as well as specialized training in both countries in particular in the areas of combating organized crime, terrorism, clandestine immigration and the scientific police.
    2. The exchange of information and professional experiences:
    - these exchanges will address the modalities of crimes, the means used by criminals, the measures taken to deal with them;
    - periodic meetings between security bodies will be organized;
    each Party will keep the other informed of the conferences, seminars and symposia that it will organize in the areas of security.
    3. Technical advice;
    4. The exchange of specialized documentation:
    both Parties shall exchange laws and decrees relating to the activities of the two departments. They also exchange the results of research, books and journals as well as educational tools dealing with security-related areas.
    5. And, as necessary, the reciprocal reception of officials and experts.


    Article 7


    The implementation of technical cooperation is subject to annual cooperation. This programming highlights the contribution of each Party within its budgetary resources.


    Article 8


    Each Party shall notify the other of the fulfilment of the internal procedures required in respect of it, for the entry into force of this Convention that takes effect on the first day of the second month following the date of receipt of the last notification.
    This Convention shall be concluded for a period of five years. It is renewable by tacit renewal for new five-year periods.
    Each Party may denounce this Convention at any time by written notification to the other. This denunciation takes effect three months after its notification date. It does not affect the actions under way, unless the two Parties agree otherwise.
    Each Party may suspend the application of this Convention, in whole or in part, by written notification to the other with a three-month notice.
    Amendments to this Convention may be made in the same forms as this text.
    Done in Paris on 10 December 2007, in two copies, each in French and Arabic, each of the texts being authentic.


    For the Government
    of the French Republic:
    Michèle Alliot-Marie
    Minister of Interior,
    from overseas
    and territorial authorities
    For the Great Jamahiriya
    Libyan Arab Jamahiriya
    and Socialist:
    Abdurrahman Mohamed
    Chalgham
    Secretary of the Committee
    Popular General
    External liaison
    and international cooperation


Done in Paris, June 11, 2010.


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 June 2010.
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