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Decree No. 2010-857, July 23, 2010, On The Publication Of The Partnership Agreement For Cultural Cooperation And Development Between The Government Of The French Republic And The Government Of The Kingdom Of The Morocco (Two...)

Original Language Title: Décret n° 2010-857 du 23 juillet 2010 portant publication de la convention de partenariat pour la coopération culturelle et le développement entre le Gouvernement de la République française et le Gouvernement du Royaume du Maroc (ensemble deux ...

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Summary

Implementation of articles 52 to 55 of the Constitution.

Keywords

AND EUROPEAN AFFAIRS , INTERNATIONAL AGREEMENT , BILATERAL AGREEMENT , FRANCE , MAROC , COOPERATION AGREEMENT , CULTURAL COOPERATION , DEVELOPMENT , CONVENTION , PARTENARIAT , SECTORY , UNIVERSITY , SEARCH

Comments

Application of art. 52 to 55 of the Constitution.



JORF n°0170 du 25 juillet 2010 page 13755
text No. 5



Decree No. 2010-857 of 23 July 2010 on the publication of the partnership agreement for cultural cooperation and development between the Government of the French Republic and the Government of the Kingdom of Morocco (two annexes and two protocols), signed in Rabat on 25 July 2003, together an exchange of notes, signed in Rabat on 10 May and 3 June 2005 (1)

NOR: MAEJ1018720D ELI: https://www.legifrance.gouv.fr/eli/decret/2010/7/23/MAEJ1018720D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2010/7/23/2010-857/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. 2008-473 of 22 May 2008 authorizing the approval of the partnership agreement for cultural cooperation and development between the Government of the French Republic and the Government of the Kingdom of Morocco (two annexes and two protocols), signed in Rabat on 25 July 2003, together an exchange of notes, signed in Rabat on 10 May and 3 June 2005;
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. 2002-1402 of 27 November 2002 publishing the Euro-Mediterranean agreement establishing an association between the European Communities and their Member States, on the one hand, and the Kingdom of Morocco, on the other hand, signed in Brussels on 26 February 1996,
Decrete:

Article 1


The partnership agreement for cultural cooperation and development between the Government of the French Republic and the Government of the Kingdom of Morocco (two annexes and two protocols), signed in Rabat on 25 July 2003, together an exchange of notes, signed in Rabat on 10 May and 3 June 2005, 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 D E P A R T E N A R I A T


    FOR CULTURAL COOPERATION AND DEVELOPMENT BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND GOVERNMENT OF THE GOVERNMENT OF THE GOVERNMENT OF THE GLOBALLY (SEMBLE FOR SECOND ANNEXES AND PROTOCOLS)
    The Government of the French Republic and the Government of the Kingdom of Morocco, hereafter referred to as “the Parties”,
    Considering the privileged links and traditional friendship between the two countries;
    Expressing their common desire to broaden, strengthen and diversify their bilateral relations with a view to raising them to the level of a strategic partnership, in accordance with the high guidelines of their heads of State and taking into account the aspirations of their societies;
    Aware of the contribution of economic and social actors, local authorities and representatives of civil society to the consolidation and strengthening of linkages between the two countries;
    Taking into account the provisions of the Euro-Mediterranean Agreement establishing an association between, on the one hand, the European Communities and their Member States and, on the other, the Kingdom of Morocco signed on 26 February 1996 and entered into force on 1 March 2000;
    Desiring to include their cultural, scientific and technical cooperation in a renovated legal framework, adapted to the cultural, social and economic needs shared by the two countries, as well as to the new demands of their strategic partnership and taking into account the challenges of the new millennium;
    Convince of the following:


    PART I
    FRAMEWORK, PRINCIPLES
    AND ACTS OF PARTNERSHIP
    Article 1


    The actions implemented by Parties as part of their partnership are based on:
    recognition and promotion of cultural and linguistic diversity;
    - respect for human rights, the values of democracy, the rule of law and the principles of good governance;
    the contribution to sustainable human development;
    - attention to strengthening the global competitiveness of the productive systems of both countries;
    - the promotion and development of solidarity between the two communities;
    – mutual respect, sharing and exchange for building and consolidating a strong, just, balanced and united partnership between the two states;
    ― the care of the cultural needs of the French community in Morocco and the Moroccan community in France, particularly in the context of the teaching provided in the institutions of each of the two states as well as through the various institutions that carry out cultural exchanges;
    - regional cooperation.


    Article 2


    Parties recognize the relevance and contribution to the implementation of their partnership between economic and social actors and the following organizations:
    Cultural, academic and research institutions;
    Economic and social actors;
    Territorial authorities;
    Audiovisual operators;
    Non-governmental organizations (NGOs).


    Article 3


    The Parties take note of the eminent role played by the French community residing in Morocco and the Moroccan community residing in France and pledge to enhance the potential of these communities in their partnership and in a co-development perspective, including:
    - the care of their cultural needs and especially the teaching of languages and culture of origin;
    - the establishment of adequate infrastructure to promote exchanges between the two communities in accordance with the respective laws of each of the two States;
    – their involvement in the co-development partnership.


    Article 4


    Parties undertake to take appropriate measures to facilitate the free movement between the two countries of their partnership.


    Article 5


    The Parties agree to encourage the free movement and protection of cultural property in accordance with their respective national laws and international conventions in force of which they are members.
    They allow the importation of educational and material goods, equipment for cultural, artistic and scientific events organized in the framework of this partnership.


    Article 6


    Cooperation activities under this Convention must comply with sectoral guidance and priorities as defined by the Governments of the Parties in the context of high-level meetings between the Prime Ministers of the two countries.


    PART II
    PARTENARIAT ACTION DATA
    Article 7


    Actions within the scope of this partnership include:
    - the development of human resources and the mastery of science and technology in all areas of socio-economic, cultural, scientific, technical and institutional exchange;
    institutional support for the modernization of public sectors and the legal framework governing the Moroccan administrative system;
    – institutional and logistical support for the upgrading of companies and professional organizations with a view to creating a free trade zone between the Kingdom of Morocco and the European Union;
    - the creation and recognition of cultural institutions, teaching and training courses, and the strengthening of exchanges on knowledge and know-how;
    - promoting partnerships between institutions, laboratories and training units in the field of training and research;
    – the development of partnership and scientific monitoring mechanisms in new information, communication and audiovisual technologies;
    - the assistance and capacity-building of the public sector in the implementation of the objectives of the land-use planning and sustainable development policy;
    ― the rehabilitation of rural areas through, inter alia, the deployment of basic infrastructure and services, the disintegration of campaigns, literacy, the fight against exclusion and rural exodus;
    - support to the marine sector: control of fisheries, development of port infrastructure, shipping, rescue at sea, monitoring of navigation, combating pollution and training;
    - support for environmental research and the transfer of environmental management know-how;
    - support for the promotion and consolidation of human rights and the integration of women in the development effort;
    - the promotion of corporate networks, especially SMEs, for the optimal use of the means available to them for the creation of companies and the realization of joint projects;
    - the support of consular missions and professional associations for better participation in the intensification of socio-economic exchanges between the two countries;
    - strengthening the efficiency, capacity and scope of action of non-governmental organizations in implementing the objectives of the strategic partnership;
    ― assistance to mastery of work;
    any project that could serve the cause of sustainable human development or that would contribute to the improvement of the organizational and management techniques of institutions in the areas concerned by the cooperation within the scope of this Convention.


    PART III
    PARTNERSHIP BODIES
    Article 8


    Cooperation between the Parties is expressed through and through actions proposed by the actors and organizations referred to in Article 2 and whose objectives fall within the strategic areas of the partnership. The means, modalities for implementation, monitoring and evaluation are entrusted to the following bodies established by this Convention:
    The Partnership Orientation and Pilotage Council (COPP);
    Sectoral and thematic committees (STCs);
    Ad hoc committees;
    The Partnership Forum;
    The Incentive Cooperation Fund.


    Article 9


    The COPP has the following missions:
    – it ensures the implementation of the guidelines and guidelines decided at high-level meetings between the Prime Ministers of the two countries in the areas of action as defined in Article 7;
    - it defines areas and priorities for cooperation in areas of action as defined in Article 7 and makes recommendations in this regard to the governmental authorities of both countries;
    - undertakes or undertakes any studies, analyses and evaluations that may contribute to the development of government directions in the areas of action of the partnership as defined in Article 7;
    ―it ensures the information and direction of the actors of cooperation for their mobilization in the service of partnership;
    - it promotes cross-sectoral coordination through the planning of actions proposed by CST, economic and social actors and the organizations referred to in Article 2;
    - it defines the criteria for eligibility and selection of the actions proposed by the CST, decides on their implementation, ensures their evaluation and makes it an annual report to the Governments of the two countries;
    - encourages the development of academic partnerships in line with the strategic priorities of the Parties;
    ―it coordinates and evaluates the support of public authorities for initiatives by non-governmental actors, referred to in Article 2;
    ―he selects from among the projects proposed by non-governmental actors those that will support implementation.


    Article 10


    The COPP shall include, under the joint chairmanship of the Ministers for Foreign Affairs of the two countries, the chairs of the five CSTs and, where appropriate, the ad hoc committees provided for in Articles 8 and 11.
    The COPP may involve in its work, in a consultative capacity, experts or representatives of cultural, educational and research institutions, territorial authorities and civil society, working in favour of partnership between the Parties.
    The COPP shall meet at the request of either Party and on their joint convocation, whenever necessary, at least once a year and, in any case, two months before the high-level meeting of the Prime Ministers of both countries.
    In the interval of COPP sessions, Parties may, at the request of CST, validate, through diplomatic means, the actions required.
    The COPP permanent secretariat is jointly provided by the respective embassies of the two countries in terms of terms to be agreed upon.


    Article 11


    The Parties decide to establish five sectoral and thematic committees (STCs) and ad hoc committees. The CSTs are:
    The Committee on School Education, University and Research;
    The Justice and Modernization Committee of the Public Sector;
    The Committee on Sustainable Human Development;
    The Committee ' s cultural, youth and sport and audiovisual exchanges;
    The Institutional Support Committee for Economic Operators, Financial Administrations, Employment and Vocational Training.
    The CST is composed of representatives of government authorities and public institutions of the Parties concerned or interested in the areas of action of the partnership. They are competent to:
    - submit to COPP proposals for cooperative action in areas within their respective competences;
    ∙ report on the implementation of validated actions.
    CSTs may, in a consultative capacity, involve in their work, as appropriate, representatives of non-governmental partners referred to in Article 2.
    Ad hoc committees may be established by the COPP, as necessary, and in the light of the high-level guidelines and meetings between the Prime Ministers of both countries.


    Article 12


    The Partnership Forum includes academic and research cultural institutions, economic and social actors, territorial authorities, audio-visual operators and NGOs working for cooperation, the purpose of this Convention. It is authorized to make any proposals in the areas of action of the partnership as defined in Article 7.
    Proposals for action from the Partnership Forum are submitted to COPP for advice and decision.


    Article 13


    The Parties undertake to establish an incentive fund for cooperation as defined in Article 5 of the second protocol annexed to this Convention.


    PART IV
    MODALITIES AND MEANS OF COOPERATION
    Article 14


    Co-operation actions between the Parties involve the definition of objectives, the determination of means, the establishment of timelines for execution and evaluation for each of the actions, together with the possibility of adjustment during their implementation.


    Article 15


    Any draft action shall meet the principle of burden-sharing among Parties as defined in the first and second administrative and financial protocols annexed to this Convention.


    Article 16


    Each Party shall endeavour to make available to the other Party the personnel necessary for the continuation of existing cooperation operations and for the implementation of projects or programmes.


    Article 17


    Each of the Parties shall grant scholarships of merit, academic, postgraduate, research, internships and specialization to candidates nominated by the other Party for the implementation of the projects or programmes provided for in Article 14.
    The Parties shall establish a binational ad hoc committee to award scholarships. The Commission shall select the recipient candidates on the basis of criteria jointly agreed.
    Each Party undertakes to facilitate access to its national educational and research institutions to candidates nominated by the other Party in accordance with their specific regulations.
    Parties shall take all measures to enable candidates with the required titles or diplomas of national candidates (or titles or diplomas admitted in exemption) to present themselves under the same conditions as those provided for national candidates, or possibly abroad, to administrative examinations and in schools that provide training or development of administrative, scientific and technical frameworks.
    Two administrative and financial protocols relating to personnel and the terms and conditions for the implementation of the means of Franco-Moroccan cooperation and cultural action are annexed to this Convention.


    Article 18


    Each Party undertakes to authorize the entry, in its territory, of duties and taxes, on the basis of the laws in force in the two States, due under import, books, publications, multimedia support and educational equipment that contribute to the functioning of institutions of cultural, scientific and technical cooperation and educational institutions under this Convention, as well as those necessary for the implementation of the cooperative actions agreed upon by the Parties.
    Each Party also undertakes to authorize the temporary admission of works and materials for the organization of cultural, artistic and scientific events organized within the framework of this partnership.


    Article 19


    The means for cooperation are part of annual or multi-year budgetary commitments.
    These include training scholarships, internships, expert and teaching missions, invitations, grants, purchases of goods and services.


    Rule 20


    Parties agree to engage in cooperative actions with third countries to which they are bound by common interests, within the framework of tripartite, regional, governmental or non-governmental cooperation, in terms of terms to be agreed upon.


    Article 21


    Parties decide to implement a partnership approach for the recognition and creation of cultural, educational and research institutions, as well as training channels in both countries in accordance with the respective laws of the two Parties.
    They are committed to integrating this approach into the general policy pursued in the two countries on education, on the one hand, and to associate members of their respective communities with the implementation of this objective, on the other.


    Article 22


    The Parties shall decide on the joint development of a website with the means and tools necessary to enable a meaningful and permanent dialogue between the various partners and actors of cooperation, the purpose of this Convention.


    PART V


    INFORMATION, TRAINING, CULTURAL INSTITUTIONS AND RESEARCH CENTERS


    Article 23


    Each Party shall promote in its territory, and subject to prior authorization from the Ministry of Guardianship, the establishment of cultural institutions, research centres and educational institutions of the other Party, by strengthening the development of existing collaboration in this area.


    Article 24


    This Convention applies exclusively to establishments and institutions defined in Annexes A and B as an integral part of the Convention.
    Any subsequent establishment of a similar institution or opening of existing settlements will be subject to prior agreement in the form of exchange of letters between the Parties through diplomatic channels.


    Rule 25


    The deletion of one of these institutions must be the subject of a preliminary declaration allowing the Government of the State of Residence to make its observations and suggestions in order to reach, to the extent possible, an agreement on the modalities of such deletion.


    Rule 26


    The special provisions relating to educational institutions, cultural institutions and research centres are defined in the first and second administrative and financial protocols annexed to this Convention.


    PART VI
    FINAL PROVISIONS
    Rule 27


    This Convention repeals the Convention on Cultural, Scientific and Technical Cooperation of 31 July 1984.
    Its provisions apply to agents governed by the Convention for Cultural, Scientific and Technical Cooperation of 31 July 1984, in favour of the renewal of their contract.


    Rule 28


    The following protocols are annexed to this Convention:
    ― the first Administrative and Financial Protocol annexed to the Partnership Convention for Cultural Cooperation and Development on the Personnel of Franco-Moroccan Cooperation and Cultural Action;
    ― second Administrative and Financial Protocol annexed to the Partnership Convention for Cultural Cooperation and Development on Other Ways of Franco-Moroccan Cultural Cooperation and Action.
    Where appropriate, it may be annexed to this Convention new Protocols that will clarify, supplement or clarify certain items.


    Rule 29


    This Convention shall enter into force on the date of receipt of the last notification relating to the fulfilment of the constitutional formalities required for each of the two Parties with effect on the date of its signature.
    This Convention may be revised by mutual agreement and at the request of one Party. The amendments adopted come into force in accordance with the procedures set out in paragraph 1 of this Article.
    It may be denounced by diplomatic notification on the initiative of one of the Parties, with a notice of six months. Such denunciation shall not jeopardize the rights and obligations of Parties relating to projects under this Convention unless the Parties agree otherwise.


    Rule 30


    Any dispute relating to the interpretation or application of this Agreement shall be settled by diplomatic negotiation.
    Done in Rabat on 25 July 2003, in two original Arabic and French copies, both texts being equally authentic.


    For the Government
    of the French Republic:
    Jean-Pierre Raffarin,
    Prime Minister
    For the Government
    of the Kingdom of Morocco:
    Driss Jettou,
    Prime Minister
    A N N E X E A


    French educational institutions in Morocco:
    Paul-Gauguin School Group, Agadir;
    French high school in Agadir, Agadir;
    Ecole Alphonse-Daudet (annex to the Louis-Massignon high school), Casablanca;
    École Claude-Bernard, Casablanca;
    Ernest-Renan School, Casablanca;
    Georges-Bizet School, Casablanca;
    Molière School, Casablanca;
    Ecole Théophile-Gautier, Casablanca;
    Anatole-France College, Casablanca;
    Lycée Louis-Massignon, Casablanca;
    Lycée Lyautey, Casablanca;
    Ecole Jean-Charcot, El Jadida;
    Jean-de-la-Fontaine School Group, Fès;
    Honoré-de-Balzac School Group, Kénitra;
    Ecole Auguste-Renoir, Marrakech;
    Lycée Victor-Hugo, Marrakech;
    Ecole Jean-Jacques-Rousseau, Meknès;
    Lycée Paul-Valéry, Meknes ;
    Claude-Monet School Group, Mohammedia;
    Albert-Camus School, Rabat;
    André-Chénier School, Rabat;
    Paul-Cézanne School, Rabat;
    Ecole Pierre-de-Ronsard, Rabat;
    André-Malraux School Group, Rabat;
    Collège Saint-Exupéry, Rabat;
    Lycée Descartes, Rabat;
    Adrien-Berchet School, Tangier;
    Lycée Regnault, Tangier.


    A N N E X E B


    Cultural institutions and research centres:
    Institut français d'Agadir ;
    Institut français de Casablanca;
    Institut français de Fès-Meknès ;
    Institut français de Marrakech;
    Institut français d'Oujda ;
    Institut français de Rabat;
    Institut français de Tanger-Tetouan ;
    Alliance franco-marocaine d'El Jadida ;
    Alliance franco-marocaine d'Essaouira ;
    Jacques-Berque Centre in Rabat;
    French School of Business;
    Research and Development Institute;
    Centre for International Cooperation in Agricultural Research for Development.
    FIRST ADMINISTRATIVE AND FINANCIAL PROTOCOL RELATING TO PERSONNEL TRAFFICES AND FRANCO-MAROCAINE CULTURAL ACTION


    Article 1


    For the implementation of the provisions of the Partnership Convention for Cultural Cooperation and Development in the cultural, scientific and technical fields, different categories of personnel are used.
    French personnel in this context are referred to as "cooperation personnel". They include cultural, scientific and technical teaching staff, technical assistants, international volunteers and experts.
    The staff provided by the Government of France to the Government of Morocco and the personnel tasked with the Government of Morocco with the Government of France, within the framework of cooperation and cultural action, are governed by the provisions of this Protocol.


    PART I


    PERSONNELS FOR EFFECTING A MISSION IN THE FRAMEWORK OF THE PARTNER CONVENTION


    Article 2


    Teaching staff made available by the French Government in the institutions listed in Annex A to the Convention
    In the context of cultural and educational exchanges, it is used for the operation of French programme schools, including French civil service officers in the position of detachment, recruited on contract by the management bodies whose establishments are dependent on Annex A. Their remuneration is paid by these management agencies or by the institutions by which they are recruited.


    Article 3


    Teaching staff mandated by the Moroccan Government in the institutions listed in Annex A to the Convention
    Under Article 16 of the Partnership Convention for Cultural Cooperation and Development, the Moroccan Government designates to serve Arabic language teachers and history-geography teachers in French schools in Morocco, as well as educational inspectors responsible for their administrative and educational monitoring. The educational evaluation is conducted jointly by the French and Moroccan inspection.
    The choice of these staff is made by a Franco-Moroccan joint commission composed of representatives of the French Embassy in Morocco and the Moroccan Ministry of National Education from a list of candidates.
    This is a four-year renewable mission. The mission staff are paid by their department of origin according to their index and grade and receive in addition a special hardship allowance paid by French educational institutions in Morocco.
    A letter of mission defines the conditions for the performance of their functions as well as the cases and procedures for the early termination of the assignment.


    Article 4
    Cultural, scientific and technical personnel


    For the implementation of cooperative actions as provided for in the Convention, different categories of personnel are employed:
    A. - To carry out a cooperation mission exceeding six months, the French Government recruits cooperation personnel who are responsible for the management of French legislative and regulatory provisions governing technical assistants and international civilian volunteers. Their remuneration, transportation costs and related allowances are borne by the Government of France.
    B. - To carry out a cooperation mission whose duration is less than two months, the Parties to the Convention shall mobilize public or private experts for short-term missions whose modalities of support are defined under Part V of this Protocol.


    PART II


    PROVISIONS FOR CATEGORIES OF COOPERATION PERSONNELS IN ARTICLES 2 AND 4-A


    Article 5


    A contract as well as a letter of mission define the conditions for the performance of the function as well as the cases and modalities of its early termination. When staff are made available to a Moroccan authority, the contract and letter of mission are communicated to that authority.
    During the duration of his or her appointment, as after his or her expiry, the co-operation staff shall observe the most absolute discretion in respect of the facts, information and documents that he or she has been aware of in the performance or exercise of his or her functions. He cannot engage in any political activity in the Moroccan territory and must refrain from any acts of any kind that adversely affect both French and Moroccan material and moral interests.


    Article 6


    The organizations with which these cooperation staff are placed make their appreciation to the French authorities every year on how to serve the persons concerned. They communicate to each of them before transmission to the French authorities.


    Article 7


    The Government of Morocco gives each cooperation staff the protection and moral guarantees enjoyed by Moroccan officials.


    Article 8


    Cooperation personnel, French public officials, are subject to French law and in particular to the French pension and social security regime.
    French non-public servants are exempted from joining the National Social Security Fund if they adhere to a French pension and social security scheme except for international volunteers, whose status is treated in Title IV.


    Article 9


    The Moroccan Government is committed to providing cooperation personnel with all facilities to transfer their remuneration to France, in accordance with the Moroccan legislation and regulations in force.


    Article 10


    The co-operation staff defined in Article 1 and recruited outside Morocco shall, within six months of assuming office, be granted the temporary admission of its motor vehicle for the duration of its contract and the duty-free admission of all various duties and taxes of its furniture as its effects and personal objects as part of a change of residence.
    Co-operation personnel are entitled, after the final re-export of a first vehicle temporarily admitted, duly certified in accordance with existing Moroccan regulations, to the temporary importation of a replacement vehicle. It shall be entitled to the same right in the event of the sale of the vehicle to a third party after payment of the duties and taxes payable.
    The co-operative staff shall be entitled to the same right in the event that their first vehicle has been duly declared or is rendered unusable as a result of an accident, on the production of a regulatory certificate for theft or destruction of the affected vehicle, and after the payment of duties and taxes due in accordance with the regulations in force.


    PART III


    CONDITIONS OF THE EXERCISE OF THE MISSION OF TECHNICAL ASSISTANTS TO ARTICLE 4-A


    Article 11


    A descriptive sheet of the employment of technical assistant to be filled is prepared by the agency to which the agent must be made available and communicated to the French Embassy in Morocco in order to allow the French administration to search for appropriate applications. The candidate's choice is made in consultation between the French Embassy in Morocco and the Moroccan agency.
    Recruitment is materialized by a verbatim record signed by the French Embassy in Morocco and the legal representative of the affectionate body.
    The material conditions for the performance of its functions by the Technical Assistant shall be reviewed by both Parties prior to the taking of functions and communicated to the Technical Assistant.


    Article 12


    The technical assistant's mission and assignment are defined in the cooperative action approved by both governments.
    A letter of mission is prepared and signed jointly by the French Embassy in Morocco and by the body to which the technical assistant is made available. The letter of mission includes the project or action under which the technical assistant is engaged, the exact nature and definition of his or her functions, the place of assignment, the duration and the effective date of the undertaking, and the means to which it is carried out.
    The letter of mission is notified to the technical assistant prior to his engagement.
    In no case shall a technical assistant be considered on mission without having received notification of his letter of mission.
    The duration of the mission of a technical assistant to Morocco, under the general provisions applicable to French technical assistants, cannot in principle exceed four consecutive years.


    Article 13


    The technical assistant serving in cultural, scientific and technical cooperation in Morocco is made available to the agency responsible for the project. It is the primary responsibility of the Embassy, while reporting on the progress of its mission to the Embassy of France, which may entrust it with certain tasks, provided that they are compatible with the programme of work prepared by the Moroccan agency to which it is made available, and approved by the latter.
    The technical assistant must submit to the French and Moroccan authorities referred to above an activity report following the periodicity defined by the letter of mission.
    During the duration of his or her commitment, he or she cannot exercise a lucrative activity either directly or indirectly in France or Morocco.


    Article 14


    As part of the general mission defined in Article 13, the technical assistant may be required to perform missions inside or outside Morocco. To that end, an order of mission is established. This order of mission is signed by the Ambassador of France to Morocco or his delegate on the proposal of the official of the agency to whom the agent is made available.
    A report is prepared by the co-operator at the end of the mission and communicated to the French Embassy and to the body to which it is made available.


    Article 15


    The assignment in the letter of mission is guaranteed to each technical assistant for the duration of the letter. However, changes may occur on the initiative of the Moroccan authority responsible for the project, with the agreement of the technical assistant or at the request of the technical assistant. They are then the subject of an advent to the letter of mission and the contract of the technical assistant.


    Article 16


    The weekly service period due by the technical assistant is defined by the letter of mission in accordance with the applicable French regulations.
    The annual leave, sickness, maternity, paternity and adoption regime is defined by the current French regulations. The French Embassy in Morocco is responsible for communicating these provisions to the Moroccan authorities concerned.


    Article 17


    The Government of France and/or the Government of Morocco may terminate the technical assistant's mission, including:
    (a) If, after the stay, the officer does not join his position;
    (b) If the officer demonstrates a manifest occupational weakness;
    (c) If the agent commits a serious professional fault;
    (d) If he is sentenced to an afflictive and infamous sentence.
    In the last two cases, the individual is previously informed of the reasons for the decision that is being considered. Any early mission termination decision must be motivated.
    Decisions shall be notified without delay to each Government, so that it may draw its legal conclusions.


    Article 18


    If, on legitimate grounds, the technical assistant is unable to fulfil his or her commitment as expressed in accordance with the provisions of Article 5 of this Protocol, he or she may exceptionally initiate a procedure to terminate his or her mission, subject to a two-month notice. This termination can only take place for teaching staff after the current academic or academic year.
    However, the two-month notice may be reduced to one month in the event of force majeure, such as physical accidents or serious illnesses duly observed, by itself, spouse, children or parents.
    The change of body or grade or the securitization in a French civil service body that has a statutory obligation to join the post corresponding to the new body or grade shall be considered as a legitimate reason for denunciation of the mission within the meaning of the first paragraph of this article.


    Article 19


    Authorizations for absences may be granted to technical assistants on exceptional grounds duly justified under the applicable French regulations. This regulation is communicated by the Embassy of France to the Moroccan organizations with which technical assistants are made available.
    These requests for authorization must be made in writing and addressed by the technical assistant to the French Embassy under the cover of the Moroccan agency of assignment.
    The authorizations for absences are granted by the French Embassy in Morocco after consultation with the Moroccan agency to which the technical assistant is made available.
    Any exit from Moroccan territory, whatever the reason, must be the subject of an express authorization request submitted by the technical assistant to the Moroccan authority to which he is placed and must be endorsed by the French Embassy in Morocco.


    PART IV
    INTERNATIONAL CIVIL VOLUNTARY
    Rule 20


    International civil volunteers carry out public duties in the various areas of action of the Partnership as defined in Article 7 of the Convention.


    Article 21


    The recruitment and implementation of international civilian volunteers are governed by the following rules:
    1° The Moroccan Government shall address to the French Government, for any volunteer to whom it wishes to benefit from the services, a dossier of intent specifying the definition of functions to be performed, the Moroccan duty station, which may be a State service, a public community, a non-governmental organization or any other Moroccan organization engaged in cooperative action, the place of work and the conditions of work, supervision and training, as well as the desired date of taking office.
    2° In the event of an agreement of the French Government, these conditions are repeated in a convention between the French Embassy in Morocco and the Moroccan authorities.
    3° The legal commitment of the volunteer falls under the sole French Government.
    4° The current French regulation on the rights and obligations of international civil volunteers is communicated by the Embassy of France in Morocco to the Moroccan organizations to which international civil volunteers are made available.


    Article 22


    1° The volunteer is assigned to a Moroccan organization for a period of between 6 and 24 months, renewable once within the limit of a stay not exceeding a total of 24 months. Its mission cannot be split, it must be carried out with one body. However, service requirements or exceptional circumstances may justify a change in assignment in the course of volunteerism agreed by the French and Moroccan authorities.
    2° A volunteer whose mission is suspended because of illness, maternity, paternity, adoption or temporary incapacity related to a service-related accident may request an extension of his or her volunteering for a period equal to that of his or her inavailability, without the total duration of his or her appointment being extended for 24 months.
    3° The volunteer's mission may be terminated in the following cases and conditions: when terminated by the French Ministry of Foreign Affairs on its own initiative or at the request of the Moroccan party. In this case, the officer is previously informed of the reasons for termination of his or her mission. He ceases to be paid on the date of termination of his duties. He or she has the right to take charge of his or her repatriation expenses, in accordance with French regulations.
    In all cases, the early termination is pronounced by the Government of France, which notified the Government of Morocco.


    Article 23


    1° The volunteer reports to the French Ambassador to Morocco, both with regard to the control of his mission, discipline, leave and medical care.
    2° The volunteer benefits in the exercise or during his missions of the protection of the French State.
    3° The volunteer is subject to the professional rules and guidelines of his/her organization.
    4° He must devote his entire working time to the tasks entrusted to him by his attachment agency. He forbids, throughout his mission, to carry out another, lucrative or non-profit activity, with the exception of the production of scientific, literary or artistic works as well as, subject to the agreement of the organization, educational activities.
    5° It is held during the duration of its mission as after its expiry, to observe the most absolute discretion in respect of the facts, information and documents of which it has been known by its functions.
    6° It is bound to the obligations of convenience and reserve inherent in its occupations, particularly with regard to the Moroccan State. It is bound to the professional obligations imposed on French nationals exercising similar activity in Morocco.


    Article 24


    The regime of leave of international civil volunteers is that established by French regulations. This plan is communicated to the volunteer organization.


    Rule 25


    The volunteers made available to the Government of Morocco are fully financially supported by the Government of France, with the exception of their travel expenses and their daily allowances due to professional missions performed on behalf of their organization.


    Rule 26


    Volunteers shall receive, excluding any other remuneration, a monthly allowance consisting of two elements:
    a monthly lump sum allowance;
    an additional allowance, the amount of which is fixed quarterly by the French Government.


    Rule 27


    Volunteers may, as part of their activities, be sent on a mission by their attachment agency, subject to the agreement of the Ambassador of France to Morocco requested on the basis of a request specifying the location, duration and reasons of the mission, as well as the modalities of the care. Professional missions outside Morocco cannot exceed eight days per month of volunteering.


    Rule 28


    The volunteer prepares a mission-end report on the material and professional conditions of his stay in Morocco. This report is communicated to the French Embassy as well as to the Moroccan duty station.


    PART V
    DURED COURT MISSIONS
    VISED TO ARTICLE 4-B
    Rule 29


    For missions in Morocco whose duration is equal to or less than two months, the Government of France is responsible for the international travel costs to and from experts.
    The Moroccan Government is responsible for the cost of living on the basis of a flat allowance of 750 dirhams per day. This includes hospitality and travel expenses within Moroccan territory.


    Rule 30


    For missions in France whose duration is equal to or less than two months, the Moroccan Government is responsible for the international travel costs to and from experts.
    The French Government is responsible for the cost of living on the basis of a flat allowance of EUR 110 per day, which includes hospitality and travel expenses within the French metropolitan territory.


    Rule 31


    The amounts of the lump sum allowances cited in sections 29 and 30 may be revised by mutual agreement on January 1 of each year.


    Rule 32


    The rights of entry and residence in France or Morocco of experts to carry out a mission in accordance with the terms specified in Articles 29 and 30 cover the entire period of the mission.


    PART VI
    FINAL PROVISIONS
    Rule 33


    This Protocol supersedes and supersedes the administrative and financial protocols annexed to the Convention of 31 July 1984.


    Rule 34


    The protocol can be modified at any time by exchange of letters.


    Rule 35


    The protocol will enter into force under the same conditions as those for the entry into force of the Convention.
    ADMINISTRATIVE AND FINANCIAL SECOND RELATING TO OTHER MEDITORIES OF COOPERATION AND FRANCO-MAROCAINE CULTURAL ACTION
    As part of the area of priority solidarity, Morocco is supported by the French Agency for Development and Financing of the priority solidarity fund for the development and implementation of multi-year projects. These projects are the subject of a preparation and a partnership implementation that realizes the spirit that drives cooperation between France and Morocco and the importance of real co-responsibility for its success.
    The implementation of the provisions of the Partnership Convention for Cultural Cooperation and Development mobilizes the following tools and operators.


    PART I
    OF THE COOPERATION
    Article 1


    For study stays and internships, the Government of the sending country is responsible for international travel and return fees.
    The Government of the host country is responsible for the education allowance of the interested persons on the basis of the monthly lump sum set out in the applicable regulations.


    Article 2


    For scholarships, international travel is supported by the Government of the sending country.
    The Government of the host country is responsible for scholarships in accordance with existing regulations and final return international travel.


    Article 3


    The French Government is responsible for international travel, travel and return, visiting Moroccan personalities.


    Article 4


    I. - Any person of Moroccan nationality designated to participate, within the framework of the Partnership Convention for Cultural Cooperation and Development, in an action of cultural, scientific and technical cooperation established by the French State or by a dependent public institution, shall be entitled to the free of charge of the visa application for the duration of his or her stay in France for participation in this cooperative action (invite, internship, mission, normal course of study)
    This provision is applicable to the spouse of the person referred to in the preceding paragraph who accompanies it and travels with it and, where applicable, to his or her minor children when the intended cooperative action involves a stay of more than three months in French territory.
    The waiver of file fees does not prejudice the conclusions of the instruction of the visa application and the decision of the competent French consular postmaster.
    II. - As a reciprocity, the same facilities will be granted by the Moroccan Government to any person of French nationality who is obliged to visit Morocco under the same conditions.


    Article 5


    The incentive fund, established by Article 13 of the Partnership Convention for Cultural Cooperation and Development, is intended, by decision of the Guidance and Steering Board, to fund studies, audits and evaluations to inform both Parties on the quality of proposed, initiated or completed actions.
    The selection of funded studies, audits and evaluations is owned by COPP, which will be carried out by project call.
    The modalities for the establishment and operation of this fund will be mutually agreed between the two Parties through diplomatic channels.


    PART II
    COOPERATION OPERATIONS
    Article 6


    Within the institutions and institutions referred to in Annex A and B of the Partnership Convention for Cultural Cooperation and Development, this Protocol distinguishes institutions that fall under French law and institutions and institutions that fall under Moroccan law and are conventionally associated with the French State.


    Chapter 1
    Institutions and institutions
    under French law
    Article 7


    Institutions under French law are placed under the authority of the French Embassy in Morocco.
    These institutions have the capacity to pass the legal acts necessary for their operation in the territory of the Kingdom of Morocco in accordance with the laws and regulations in force.


    Article 8


    The activity of these institutions can take place within the framework of decentralized cooperation in Morocco. To this end, they may establish relations with departmental departments and other public bodies, local authorities, societies, associations and private individuals.


    Article 9


    The activity of these establishments includes:
    - Teaching as defined in Chapter 3 of this Protocol;
    – Organization of conferences, symposiums and other meetings, shows, concerts and exhibitions;
    Participation in cultural and scientific events;
    • The publication and dissemination of information programs, catalogues and other documents of a cultural, educational, scientific character, regardless of material support;
    ― Maintenance of a library, reading room and a media library allowing the consultation and loan of books, newspapers, magazines, records, cassettes, slides and other documents of a cultural, educational, scientific and technical nature, regardless of material support;
    ― The invitation and reception of researchers, lecturers and artists;
    information on French cultural, scientific and technical issues;
    – The organization of courses and workshops for the study of the French language and ongoing training programmes in linguistic, scientific and artistic matters;
    ― Conducting research programs and actions,
    and any activity enabling the Moroccan public to better know France and to develop cooperation between the two countries.


    Article 10


    These establishments can organize their activities outside their buildings and use other premises to carry out activities referred to above in the text.
    The Moroccan State allows unhindered public access to the activities of these establishments, whether in their buildings or in other premises, and ensures that these establishments can make use of all available means to inform the public of their activities.


    Article 11


    These establishments do not have a profit, they cannot conduct commercial activities. Not considered such, including:
    ― The perception of school fees and ecolage;
    ― The perception of entry rights for the events they organize and registration rights to courses and other activities;
    ― The sale of catalogues, posters, programs, books, audiovisual documents and educational materials, whatever the support, and other objects directly related to the events they organize;
    ― Maintenance of a cafeteria for their audience.


    Article 12


    The studies and construction or removal works carried out for these establishments are directed, after issuing the building permit and in accordance with the urban planning rules of the Moroccan State, by the French State which appeals to the enterprises of its choice.


    Article 13


    The staff of these facilities may be composed of:
    ― French public officials under French law. These agents are subject to the French social security system;
    - Locally recruited staff under Moroccan law.


    Chapter 2
    Institutions under Moroccan law
    under agreement with the French State
    Article 14


    Moroccan institutions, institutions and associations operating within the scope of the partnership as defined in Article 7 of the Convention may be associated with it on the basis of multi-year conventions.
    When these Moroccan associations are regularly affiliated with the Alliance française de Paris they are called Alliances franco-marocaines.


    Article 15


    Under the multi-year conventions referred to in the preceding Article of this Protocol, the French Government may:
    ― Granting subsidies to co-finance the operation of these institutions and to implement cooperative actions.
    • Make available to staff.


    Article 16


    Staff made available under Article 15 of this Protocol are subject to the status of technical assistants referred to in Article 4-a of the First Administrative and Financial Protocol annexed to the Partnership Convention for Cultural Cooperation and Development.
    They operate:
    - In accordance with the priorities set by the Partnership Convention,
    ― According to the responsibilities entrusted to them by the associations to which the French State has placed them,
    ― In accordance with the principles and orientations of the Alliance française de Paris when they are made available to a Moroccan association regularly affiliated with it.


    Chapter 3


    Special provisions relating exclusively to establishments defined in Annex A to the Partnership Convention


    Article 17


    Each Party undertakes to take all appropriate measures to ensure, in the establishments set out in Annex A to the Partnership Convention, the schooling of children of nationals of the other Party by guaranteeing them an education of their language and culture of origin.


    Article 18


    The establishment and operation of the establishments set out in Annex A to the Partnership Convention shall be carried out within the framework of the laws and regulations in force in the host country and their development shall be in accordance with the safety and hygiene rules set out in its legislation.
    These establishments are subject to an approval guaranteeing their recognition by the competent ministry of the country of origin. No registration procedure may be initiated by the authorities of the country of origin without prior agreement of the country of residence.
    They are managed and inspected by the authorities of the country of origin. The inspection of the authorities of the country of residence covers the teachings, curricula and teaching methods and the teaching staff referred to in Article 20, paragraph 2, of this Protocol.
    Diplomas sanctioning the studies of these institutions are issued by the country of origin and are recognized by the country of residence in accordance with the applicable regulations.
    The educational organization, in accordance with the rules of the country of origin, is the same for Moroccan and French children, especially in matters of age, and without distinction other than that relating to personal abilities.


    Article 19


    Within the establishments defined in Annex A of the Partnership Convention, the calendar of mobile holidays and school holidays is decided annually by the authorities of the country of origin taking into account the school rhythms specific to its educational programs and holidays of the country of residence. It is communicated to the competent authorities of the country of residence.


    Rule 20


    The institutions set out in Appendix A of the Partnership Convention provide a program in accordance with the country of origin's teaching standards.
    These programs necessarily include, and on an identical basis for all institutions and at all levels, a teaching component of the language and culture of origin, history, geography and institutions of the country of residence.


    PART III
    FINAL PROVISIONS
    Article 21


    This Protocol supersedes and supersedes the administrative and financial protocols annexed to the Convention of 31 July 1984.


    Article 22


    The protocol can be modified at any time by exchange of letters.


    Article 23


    The protocol will enter into force under the same conditions as those for the entry into force of the Convention.


Done in Paris, July 23, 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 26 March 2010.
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