Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of State, Minister for Foreign and European Affairs,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2008-1433 of 27 December 2008 authorizing the approval of an agreement between the Government of the French Republic and the Government of the Federal Republic of Brazil on cooperation in the field of defence and the status of their forces, signed in Paris on 29 January 2008;
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. 72-1054 of 18 November 1972 publishing the agreement between the French Republic and the Federal Republic of Brazil to avoid double taxation and to prevent tax evasion on income tax, with a protocol signed in Brasilia on 10 September 1971;
Vu le Decree No. 2010-215 of 2 March 2010 issuing the security agreement on the exchange of protected information between the Government of the French Republic and the Government of the Federal Republic of Brazil, signed in Brasilia on 2 October 1974,
Decrete:
The agreement between the Government of the French Republic and the Government of the Federal Republic of Brazil on cooperation in the field of defence and the status of their forces, signed in Paris on 29 January 2008, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister of State, Minister of Foreign and European Affairs, are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
A C C O R D
BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE FEDRATIVE REPUBLIC OF BRAZIL RELATING TO COOPERATION IN THE FIELD OF EXPENSES AND STATUS OF FORCE
The Government of the French Republic, and the Government of the Federal Republic of Brazil, referred to as "the Parties",
Considering the security agreement on the exchange of protected information between the Government of the French Republic and the Government of the Federal Republic of Brazil, signed on 2 October 1974;
Considering the bonds of friendship between the French Republic and the Federal Republic of Brazil, which develop within the framework of the strategic partnership and the political will of the two countries to strengthen their bilateral cooperation, expressed by the joint statement of their Presidents of 25 May 2006;
Affirming their common commitment to the Charter of the United Nations and to the peaceful settlement of international disputes;
Based on the principle of mutual respect for the sovereignty, independence and territorial integrity of the two States;
Taking into account the principle of non-interference in the internal affairs of the two States;
Desirous of deepening and broadening the framework for their cooperation in the field of defence, and of establishing its principles and terms;
Considering that cooperation between the two Parties will be regulated by the principles of equality, reciprocity and mutual interest, in accordance with their respective laws and regulations and international commitments;
Considering the need to define a status for personnel of the armed forces and nationals of one of the Parties within the territory of the other Party in the context of the application of this Agreement,
The following agreed:
PART I
OBJECT AND FORME OF COOPERATION
Article 1
In this Agreement, the terms listed below are as follows:
(a) "Remittance Party": the Party to which military and civilian personnel are located in the territory of the other Party;
(b) "Reception Party": the Party in the territory of which is the military and civilian personnel of the sending Party, either in stay or in transit;
(c) "Member of military personnel": personnel under military status of one of the Parties for the performance of the service in the territory of the other Party in accordance with this Agreement;
(d) "Member of civilian personnel": civilian personnel employed by the Ministry of Defence of one of the Parties for the performance of the service on the territory of the other Party in accordance with this Agreement and which may be only a national of the sending Party;
(e) "Armed Forces": units or formations of the Army of Land, Navy or Air Force or any other military corps of any of the Parties;
(f) "Family and dependants": means the spouse, descendants and ascendants of the military or civilian personnel of the sending Party, who live under its roof, depend on it financially and are declared as such to the competent authorities of each Party, and who are neither ordinary residents, nor nationals of the host Party;
(g) “heavy fault”: gross error or serious negligence;
(h) "intentional failure": a fault committed with the intention to cause harm.
Article 2
1. Defence cooperation between the Parties is based on programs that include activities such as those listed in Article 3, the details of which will be determined through complementary agreements or arrangements.
2. The implementation of this cooperation is within the competence of the Ministries of Defence of both Parties. If necessary, the modalities of implementation may be specified by means of specific programs, complementary arrangements or technical documents.
Article 3
The purpose of defence cooperation between the Parties is to promote military activities, activities related to military equipment and systems, as well as exchanges on defence and security issues, and any other defence activity that the Parties consider to be of mutual interest. It can take the following forms:
(a) cooperation between Parties in the areas of research, development, logistical support and the acquisition of defence products, equipment and services;
(b) meetings of staff, technical meetings and meetings at the appropriate levels of command and management;
(c) exchange of instructors and students from military institutions;
(d) ports of call for warships, airport ports of call and mutual visits of civil and military entities relevant to the defence;
(e) Participation in theoretical and practical courses, courses, seminars, debates and symposiums, in military entities and in civil defence entities;
(f) joint training, military training and military exercises, with the deployment of units and their respective equipment in the territory of the host Party, limited in time to the needs of the activity, and respecting the legislation of the host Party;
(g) sharing knowledge and experience gained in the areas of operations, the use of military equipment of national or foreign origin, as well as in the framework of participation in United Nations international peacekeeping operations;
(h) cultural and sporting events;
(i) implementation and development of science and defence technology enforcement programmes and projects, with the possible participation of military and civilian entities considered strategic for Parties.
PART II
STATUS OF MEMBERS
MILITARY AND CIVIL PERSONNEL
Article 4
1. When necessary for the implementation of any of the activities described in Article 3 of this Agreement, members of the military and civilian personnel of one Party may temporarily stay with their families and dependants in the territory of the other Party. The sending Party shall communicate in advance to the competent authorities of the host Party the identity of the persons who shall remain in the territory of the host Party under this Agreement.
2. Upon entry into the territory of the host Party, the members of the military and civilian personnel of the sending Party must bear a passport and an individual or collective order of mission, issued by the competent service of the sending Party and attesting to the status of the individual or unit, and confirming the movement. Members of families and dependants shall be provided with the required documents, as provided for in the legislation and regulations of the host Party. For a stay of more than three months, members of the military and civilian personnel of the sending Party need an official visa, issued for the duration of the mission and prorogable if necessary, including members of their families and dependants. The issuance of this official visa is free of charge. The military authorities of the host Party shall provide any possible assistance to members of the military and civilian personnel of the sending Party, their families and dependants, for the resolution of any difficulties that may arise during their stay, entry or exit of the territory.
3. If the legislation of the host Party provides, members of the military and civilian personnel of the sending Party and members of their families and dependants are required to apply for a renewable residence permit, for any stay longer than three months. The authorities of the sending Party shall centralize the individual requests and submit them to the competent services of the receiving Party, which shall forthwith issue the residence permits in accordance with terms that may be specified by administrative arrangement. The issuance and renewal of these residence permits are exempt from the payment of the related taxes.
4. Persons referred to in the preceding paragraphs are not considered to have acquired the right to permanent residence in the territory of the host Party.
Article 5
1. Members of military and civilian personnel may not, in any case, be associated with the preparation or execution of war operations or with actions to maintain or restore order, public security or national sovereignty, or intervene in such operations.
2. Military and civilian personnel and their families and dependants are required to comply with the legislation and regulations of the host Party. The sending Party shall inform members of its staff and their families and dependants of the need to comply with the laws and regulations of the host Party.
Article 6
1. Military personnel shall be uniformed and military insignia in accordance with the regulations in force in their armed forces. The conditions of the wearing of the uniform are defined by the military authorities of the host Party.
2. Military personnel may hold a service weapon in the performance of their duties. The conditions of the weapon port and its use are in accordance with the regulations of the host Party.
3. Members of military and civilian personnel and their families and dependants who have a driver's licence issued by the authorities of the sending Party are authorized to conduct, in the territory of the receiving Party, the categories of vehicles authorized by that licence. Each Party shall valid, without any other test or course of conduct, military driving licences issued by the authorities of one Party to its military and civilian personnel for the conduct of military vehicles.
Article 7
1. The authorities of the sending Party are competent in matters of discipline with respect to their personnel. In the event of conduct punishable by sanctions, they inform the authorities of the host Party of the nature of the sanctions that may be imposed before their execution.
2. The authorities of the host Party may request that a member of the military or civilian personnel of the sending Party be returned to their country, either for the execution of the sanctions decided, or for conduct contrary to the rules of discipline in force in the armed forces of the host Party. To this end, the competent military authorities shall transmit to each other the rules of discipline in force within their armed forces.
Article 8
1. Offences committed by a member of the military or civilian personnel of the sending Party, as well as those committed by a member of their families or dependants, fall within the jurisdiction of the receiving Party, except in the following cases where the sending Party has priority jurisdiction over military or civilian personnel:
(a) offences that affect only the security of the sending Party;
(b) offences that affect only the property of the sending Party;
(c) offences that affect only the person of another member of the military and civilian personnel of the sending Party;
(d) the offences resulting from any act committed in the performance of the service; the sending Party shall determine whether the offence was committed in the execution of the service and inform the authorities of the receiving Party.
2. If the authorities exercising their right of jurisdiction give up the exercise of the right of jurisdiction, they shall immediately notify the authorities of the other Party.
3. The authorities exercising their right of jurisdiction shall give priority and with urgency to any request of the other Party, with a view to abandoning any proceedings against members of its military and civilian personnel or their families and dependants.
4. In cases where members of military and civilian personnel, their families and dependants would be prosecuted before the courts of the host Party, they shall be granted fundamental procedural guarantees, as defined in the law of the host Party. These guarantees include the right to:
(a) be tried within a reasonable time, which must be as brief as possible;
(b) be informed of the charge or the charges against them, and of all information relevant to their defence;
(c) be confronted with prosecution witnesses;
(d) what evidence is presented on their behalf and that witnesses of the defence are compelled to appear, if so provided by the legislation of the host Party;
(e) be represented according to their choice or be assisted under the legal conditions in force on the territory of the host Party;
(f) the services of a competent interpreter, if deemed necessary;
(g) contact a representative of the sending Party at any time and, where the procedural rules permit, the presence of that representative during the discussion;
(h) not to be prosecuted for any act that did not constitute an offence under the law of the host Party at the time the act was committed.
5. (a) The authorities of the sending Party and those of the host Party shall cooperate in interpelling and, where appropriate, arrest a member of the military and civilian personnel, his or her family or a dependant, including within the facilities made available to the sending Party;
(b) The authorities of the host Party shall promptly notify the authorities of the sending Party of any arrest of a member of his or her military or civilian personnel, family or dependants;
(c) Parties shall consult and cooperate on the most appropriate conditions of detention of a member of the military or civilian personnel of the sending Party, his or her family or a dependant, on whom the authorities of the host Party exercise a right of jurisdiction, and whose detention is deemed necessary.
6. The authorities of the Parties shall provide mutual assistance for the conduct of investigations, for the search for evidence, including seizure, and, where appropriate, for the surrender of evidence and objects of the offence.
7. The surrender of seized documents and objects of interest to the investigation should not be made before the final judgment. The seized documents and objects may, however, be returned, with the agreement of the authority having made the seizure, within a period determined by the authority which authorizes the surrender.
8. Where a person has been tried in accordance with the provisions of this Article by the authorities of the Party of origin or, as the case may be, by the authorities of the Party of host, it shall not be tried once again for the same facts by the authorities of the Party of shipment or, as the case may be, by the authorities of the Party of host. However, nothing in this paragraph prevents the authorities of the sending Party from punishing a member of military or civilian personnel for any breach of discipline that constitutes an offence already tried by the authorities of the receiving Party.
Article 9
1. The authorities of the two Parties shall cooperate to ensure security within the facilities available to the armed forces of the sending Party.
2. The authorities of the sending Party, in agreement with the authorities of the host Party, may take the necessary measures to ensure the safety of the facilities made available to them, as well as their equipment, goods, files and official information, in accordance with the legislation of the host Party.
3. The authorities of the host Party shall remain responsible for security outside the facilities available to the armed forces of the sending Party.
4. The armed forces of the sending Party have the right to maintain a police service for the maintenance of discipline within them and for the internal security of the facilities available to them. Such a police service may, with the agreement and in liaison with the authorities of the host Party, be employed outside the facility, as such employment is necessary to maintain the security of such facilities or discipline and order among the members of its military and civilian personnel.
Article 10
With regard to the imposition of military and civilian personnel, the provisions of the Convention between the Government of the French Republic and the Government of the Federal Republic of Brazil to avoid double taxation and to prevent tax evasion on income tax, signed on 10 September 1971, are applicable.
Article 11
1. Without prejudice to the derogations set out in this section, members of military and civilian personnel, their families and dependants shall be subject to the laws and regulations entrusted to the customs administration of the host Party.
The officers of this administration shall, inter alia, have the right, under the general conditions provided for in the legislation and regulations in force in the territory of the host Party, to inspect members of military and civilian personnel, their families and dependants, and their baggage and personal vehicles; they also have the right to seizure in accordance with this legislation and regulations.
2. Parties shall cooperate to ensure the security and confidentiality of official documents under sealed seal of an official seal transported between their respective territories.
3. The armed forces of a Party may import on the territory of the other Party, under the customs regime of temporary admission to total exemption of duties and taxes, for a period of twenty-four months renewable, equipment, vehicles and equipment for their exclusive use and necessary for the achievement of the objectives set out in this Agreement.
4. The reasonable quantities of supplies intended for the exclusive use of the armed forces in the territory of the other Party shall be imported duty-free and tax-free.
5. Such admission shall be subject to the deposit, at the customs office, in support of the customs documents that it has agreed to provide, of a certificate whose form is accepted by the host Party and by the sending Party, signed by a person authorized for that purpose by the sending Party. The designation of the person authorized to sign the certificates as well as the signature specimens and stamps used shall be sent to the Customs administrations of the host Party.
6. The granting of the temporary admission regime and the duty and tax deductible is subject to the prior authorization of the competent authorities of the host Party.
7. Members of military and civilian personnel may, on the occasion of their first arrival in order to take their service on the territory of the host Party or within six months after, or within six months after the arrival of their families and dependants, import, under the customs regime of temporary admission to exemption from duties and taxes, for the duration of their stay, the necessary objects, personal furniture as well as the motorized vehicles for use Common consumer goods in quantities compatible with normal family use are allowed free of charge and taxes.
8. Vehicles registered as a special military series belonging to the armed forces of the sending Party shall be exempted from taxes that may be due to the movement of vehicles on the roads under the same conditions as vehicles of the armed forces of the host Party.
9. Goods and goods imported free of charge or under special temporary import regime for the performance of this Agreement may be re-exported in the exemption of duties and taxes, provided that a certificate issued by the Party of shipment is submitted to the Customs authority of the host Party under the conditions specified in paragraph 5 of this Article. The Customs authority retains the right to verify whether the re-exported goods are those described in the attestation and whether they have been actually imported under the conditions laid down in this Article. Goods and goods imported duty-free may not normally be disposed of on an expensive or free basis in the territory of the host Party. However, under certain circumstances, an assignment or destruction may be authorized in accordance with the conditions established by the competent authorities of the host Party.
10. The host Party shall provide and charge to the sending Party, under the same conditions as those provided to the host Party's armed forces, the fuels, fuels and lubricants intended for the official use of the armed forces of the sending Party for the vehicles, ships and aircraft belonging to it, as well as for the facilities made available to it.
11. Ships and aircraft of the armed forces of the sending Party, in transit in the territory of the host Party, are exempted from port and airport taxes, under the same conditions as ships and aircraft belonging to the host Party.
12. The military authorities of the receiving and sending Parties shall assist each other in the fulfilment of all the administrative and technical formalities necessary for the application of the provisions of this Article.
13. In the case of goods that may be seized by the Customs authorities of the host Party, the authorities of the armed forces of the sending Party shall give all the necessary assistance and information to these authorities, in order to avoid the seizure of the goods mentioned. In case of seizure, the Host Party shall provide all information relating to the case.
14. The authorities of the armed forces of the sending Party undertake to do everything in their power to ensure that duties, taxes and fines due are paid by members of military or civilian personnel, their families and dependants.
Article 12
1. The death of a member of the military and civilian personnel shall be reported to the territorially competent civil status officer of the host Party. Death is recorded by an authorized doctor of the receiving Party who establishes the certificate.
2. If the national judicial authority of the host Party orders the autopsy of the deceased, it shall be carried out by the doctor designated by the judicial authority. The competent authority of the Party to which the deceased reports may attend the autopsy when permitted by the law of the host Party.
3. The competent authorities of the deceased may dispose of the body as soon as the authorization has been notified to them by the competent authority of the host Party. Carriage of the body is carried out in accordance with the regulations of the host Party.
PART III
CONTENTS
Article 13
1. Each Party shall waive any claim for compensation against the other Party, as well as against the members of the military and civilian personnel of that Party, for damages caused to the property of the State, except in the event of intentional misconduct or heavy misconduct:
(a) if the damage was caused by a member of military or civilian personnel in the performance of his or her duties under this Agreement;
(b) if the damage has been caused by a vehicle, vessel or aircraft of a Party and used by its armed forces, provided that the vehicle, vessel or aircraft cause injury has been used for activities carried out under this Agreement, or that the damage has been caused to property used under the same conditions.
2. Requests for lifesaving allowances made by a Party in respect of the other Party shall be the subject of the same waiver, provided that the vessel, aircraft or cargo saved shall be the property of the Party concerned and shall be used by its armed forces in connection with activities undertaken under this Agreement.
3. Each Party shall waive compensation to the other Party in the event that a member of the military or civilian personnel has suffered injury or died in the performance of the service or on the occasion of the service, except in the event of heavy or intentional misconduct.
4. The determination of the existence of a heavy or intentional fault is the competence of the authorities of the Party to which the perpetrator of the fault reports. In the event of damage to property, injury or death resulting from heavy or intentional misconduct, Parties shall consult for the determination of liability and the amount of compensation. The Party to which the perpetrator of the heavy or intentional fault is dependent shall bear the burden of repairing the damage.
5. Claims for compensation in respect of acts of a military or civilian personnel of the Party of shipment, committed in the performance of the service, and caused damages to persons other than those referred to in paragraphs 1 and 3 of this article in the territory of the host Party or their property, shall be settled by the Party of host in accordance with the following provisions:
(a) claims are introduced, investigated, and decisions taken, in accordance with the laws and regulations of the host Party;
(b) the host Party may decide on these damages after consultation with the sending Party and make payment of the allowances allocated in its own currency;
(c) this payment, which results from an amicable solution or a decision of the competent jurisdiction of the host Party, or the decision of the same jurisdiction dismissing the applicant, definitively binding the Parties;
(d) any compensation paid by the host Party shall be brought to the attention of the sending Party which shall at the same time receive a detailed report and a proposed allocation in accordance with subparagraphs (e (i) and (e) below. If there is no response within two months, the proposal will be considered to have been accepted;
(e) the burden of compensation for damages referred to in the preceding paragraphs of this Article shall be apportioned among the Parties under the following conditions:
(i) when the Party of shipment is responsible, it shall take full compensation for damages;
(ii) where the liability is incurred by both Parties or when it is not possible to assign liability to either Party, the amount of the allowance shall be apportioned among them by equal shares;
(f) no enforcement action may be taken on a member of military or civilian personnel where a judgment has been pronounced against him in the territory of the host Party, if it is a dispute arising out of an act performed in the performance of the service, within the framework of that agreement.
6. The authorities of the Parties shall assist in the search for evidence necessary for a fair review and a decision on claims for compensation for damages covered by this Article.
7. The sending Party shall determine whether a detrimental act was committed by a member of its military and civilian personnel in the performance of the service and shall inform the authorities of the host Party.
8. Nothing in this title may be construed or considered as a waiver of the sending Party to its rights arising from the sovereign immunity of States.
PART IV
SOUTH OF THE PART OF COMEL
Article 14
The authorities of the host Party shall take appropriate measures to ensure that the buildings and related services may be available to the armed forces and military and civilian personnel. Agreements and arrangements will specify the rights and obligations arising from the occupation or use of a building, as well as the use of related services and servitudes that remain governed by the laws of the host Party.
Article 15
1. During the course of the activities carried out under this agreement, military and civilian personnel have free access to consultations provided by the medical and dental services of the host Party's armed forces.
2. Medical assistance is provided on an expensive basis for the sending Party:
(a) in the event of intervention, hospitalization, medical or dental treatment in civilian or military establishments;
(b) in the event of evacuation or repatriation of sick, injured or deceased personnel.
Article 16
1. The armed forces of the sending Party may conduct activities for the purpose of instruction and training in the territory and in the maritime and air spaces under sovereignty of the host Party. These activities shall be carried out only after the agreement of the host Party, in accordance with international law and in conditions agreed between the two Parties.
2. Each Party shall retain the responsibility for the definition and execution of the missions entrusted to the crews of its aircraft, vehicles or vessels.
3. The organization and conditions under which the command and control of these activities are performed are regulated in operational documents concluded between the armed forces of the Parties.
Article 17
The host Party shall issue by diplomatic means to the sending Party the appropriate authorizations of sea overflight and ports of call.
Article 18
1. The sending Party may purchase, purchase or lease on site the goods and services it needs under this agreement.
2. The sending Party may request assistance from the authorities of the host Party for the purchase or lease of goods or services, within the framework of the regulations in force in the territory of the host Party.
Article 19
1. The sending Party may employ locally the labour force it needs, subject to compliance with the laws of the receiving Party relating to the conditions of employment and remuneration of the labour force.
2. In no case is the labour force considered to be part of the military and civilian personnel.
Rule 20
1. Any installation of communication systems of the armed forces of the sending Party shall be subject to consideration by the host Party. The construction, maintenance and use of such communication systems shall be carried out according to terms and conditions which the host Party and the sending Party shall agree.
2. The armed forces of the sending Party shall use only the frequencies attributed to them by the authorities of the host Party. The procedure for assigning, changing, withdrawing or returning frequencies shall be determined by mutual agreement between the competent authorities of the Parties.
3. The authorities of the host Party shall provide third parties with information on the frequencies used by the armed forces of the sending Party only with their consent.
4. The Host Party shall grant the Sending Party facilities on its territory for its postal and telegraphic operations, as well as those of military and civilian personnel, their families and dependants. The detailed provisions on these facilities are mutually agreed.
Article 21
Each Party is responsible for its expenditures, including:
(a) transportation costs to and from the entry point in the territory of the host Party;
(b) personnel costs, including food and housing costs.
All activities under this Agreement shall be carried out within the limits of the budgetary availability of each Party.
Article 22
1. Any exchange of classified information shall be carried out in accordance with the provisions of the security agreement relating to the exchange of protected information between the Government of the French Republic and the Government of the Federal Republic of Brazil of 2 October 1974.
2. The respective responsibilities and obligations of the Parties regarding the security and protection of classified information continue to apply, notwithstanding the termination of this Agreement.
PART V
FINAL PROVISIONS
Article 23
Any dispute relating to the interpretation or application of this Agreement shall be resolved through diplomatic consultations and negotiations between the Parties.
Article 24
1. Each Party shall notify the other of the required formalities in its territory for the entry into force of this Agreement. The latter comes into force 30 days after the date of the last notification.
2. This Agreement may be supplemented, amended and amended at any time, in writing, by mutual agreement of the Parties.
3. The programmes of activities arising from this Agreement shall be implemented by supplementary agreements or arrangements between the Parties.
4. This Agreement shall remain in force until, at any time, one of the Parties decides, by written notification and by diplomatic means, to inform the other Party of its intention to denounce it. In this case, it ceases to be in force 90 days from the day of receipt of the denunciation by the other Party.
5. Done in Paris on 29 January 2008, in two copies, each in French and Portuguese, both texts being equally authentic.
For the Government
of the French Republic:
Hervé Morin
Minister of Defence
For the Government
of the Federal Republic of
Brazil:
Nelson Jobim
Minister of National Defence
Done on 26 January 2011.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of State,
Minister for Foreign Affairs
and European,
Michèle Alliot-Marie
