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 le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:
The agreement between the Government of the French Republic and the Government of the United Arab Emirates on cooperation in defence matters, signed at Abu Dhabi on 26 May 2009, and the agreement in the form of an exchange of letters relating to the interpretation of the agreement on cooperation in defence, signed in Paris on 15 December 2010, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister of State, Minister for 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 GOVERNMENT OF THE UNITED ARAB EMERGENCY RELATING TO COOPERATION
Preamble
The Government of the French Republic,
Hereafter referred to as "the French Party",
and
The Government of the State of the United Arab Emirates
Hereafter referred to as the "Emiral Party",
Jointly referred to as "Parties",
As part of the relationship of friendship and cooperation between the Parties,
Recognizing the primacy of international law in relations between States based on the purposes and principles of the Charter of the United Nations, including Article 51,
In accordance with their sovereignty and the principle of non-interference in internal affairs,
To strengthen the military and defence capabilities of the State of the United Arab Emirates,
Emphasizing the importance attached by Parties to the preservation of the security, peace and stability of the Gulf region in general and the State of the United Arab Emirates in particular,
Welcoming the fruitful cooperation among Parties with regard to the stability and security of the Gulf region, a region of vital strategic importance to the world,
Considering that the concept of engagement is the major foundation of this agreement and that it is the testimony of the will for cooperation in defence in accordance with the common interests of the two States,
Have agreed as follows:
In the application of this Agreement the following words and expressions shall mean:
(a) " Forces" means any military unit of the land, air, national navy and national gendarmerie, or joint support services of either Party;
(b) "Personals" means military or civilian personnel belonging to the forces of one of the Parties and civilian personnel employed by the relevant ministries in the field of defence and security present in the territory of the other Party under this Agreement, excluding nationals and residents of the host State;
(c) " Dependant " means the legally recognized spouse and his minor children;
(d) "State of sending" means the Party to which the staff members in the territory of the host State are responsible;
(e) "Reception State" means the Party in the territory of which the forces or personnel of the sending State are located in residence.
Article 2
1. Cooperation is established in the following areas:
(a) intelligence;
(b) training and training;
(c) the establishment of plans;
(d) joint exercises;
(e) Special forces;
(f) any other area on which Parties may agree.
2. Parties may enter into agreements, arrangements and protocols to organize cooperation in the above areas.
Article 3
Parties shall consult and exchange their analyses when one or the other press a threat likely to affect their respective fundamental national interests.
Article 4
1. The Government of the French Republic undertakes to participate in the defence of the security, sovereignty, territorial integrity and independence of the State of the United Arab Emirates.
2. The Government of the French Republic undertakes to deploy the means and arrangements defined in common to deter any State that would attempt to threaten the security, sovereignty, territorial integrity and independence of the State of the United Arab Emirates.
3. The Parties agree to prepare for any threat or aggression against the security, sovereignty, territorial integrity and independence of the State of the United Arab Emirates.
4. When a threat arises against the security, sovereignty, territorial integrity and independence of the State of the United Arab Emirates, the Parties shall immediately establish contacts with respect to all aspects of this threat with a view to the implementation of measures and actions that they consider appropriate to deviate it.
5. When the State of the United Arab Emirates suffers aggression against its security, sovereignty, territorial integrity or independence, the Parties shall immediately establish contacts for the conduct of military operations to repel this aggression.
6. The Government of the French Republic undertakes to participate by its armed forces, in accordance with decisions taken in common, in the defence of the security, sovereignty, territorial integrity and independence of the State of the United Arab Emirates, to deter and repel any aggression that would be carried out by one or more States.
Article 5
1. When they take place in the territory of either Party, the activities relating to this Agreement shall be subject to prior authorization from the host State.
2. The use by members of the years forces of one of the Parties of facilities, facilities and areas of activities located in the territory of the other Party is subject to prior authorization from the host State.
3. By mutual agreement between the Parties, French forces can park in the territory of the State of the United Arab Emirates.
4. Agreements, cooperation protocols or technical arrangements govern the parking of equipment, supplies and defence equipment, as well as facilities, the use of facilities and areas of activities attributed by the Emir Party.
Article 6
1. Parties shall establish a high joint military committee to monitor the provisions of this Agreement.
2. It is co-chaired by the Chiefs of Staff of the Parties or their representative. It is composed:
For the French Party:
– the ambassador of France to the State of the United Arab Emirates;
- three representatives of the Ministry of Defence;
two representatives of the Ministry of Foreign Affairs.
For the Emiral Party:
– the ambassador of the State of the United Arab Emirates in France;
- two representatives of the years;
a representative of the Ministry of Foreign Affairs;
a representative of the Ministry of Interior;
a representative of the Ministry of Justice.
3. Parties may appeal, as appropriate, to experts.
4. The High Joint Military Committee meets at least once a year or as a need.
It forms the following subcommittees:
(a) the legal subcommittee responsible, under the leadership of the High Joint Military Committee, to follow up on administrative and legal matters in order to facilitate the procedures for the implementation of this Agreement.
(b) the military subcommittee, under the leadership of the High Joint Military Committee, responsible for following up on military matters in order to facilitate the implementation of this Agreement.
5. The chairs of the subcommittees are members of the high joint military committee.
6. Each Party shall designate a coordinating officer, the appropriate grade, responsible for the follow-up of decisions taken by the Joint Military Committee.
7. Parties shall jointly prepare minutes of meetings of the Joint Military High Committee and subcommittees. They are considered in the event of disagreement on the interpretation of the work of these committees.
Article 7
1. The provisions of this title shall apply to the forces, the personnel of the sending State and the dependants who reside in the territory of the receiving State under the implementation of this cooperation agreement.
2. For the purpose of carrying out the provisions of this Agreement, the host State shall facilitate, in accordance with its laws and regulations and after prior agreement, the entry into its territory and the exit of the staff and dependants of the sending State provided that they are carrying a valid passport. The host State exempts from fees the obtaining of visas and residence permits.
3. The provisions of this article shall not be construed as conferring on a staff member and dependants a right to permanent residence or domicile in the host State.
4. When one of the staff of the sending State ceases its functions under this Agreement, the sending State shall immediately inform the receiving State of its date of departure from the territory of the receiving State and request the cancellation of its residence visa. The sending State shall inform the receiving State as soon as possible of any irregular absence of a staff member.
Article 8
The personnel of the sending State shall have uniform and military insignia of their force in accordance with the regulations in force in their army when they are in service in the territory of the receiving State, unless the competent authorities of the Parties decide otherwise.
Article 9
The authorities of the sending State exercise exclusive competence in the application of the statutory disciplinary rules on staff members. In the event of a breach of their obligations by the latter, they may take all disciplinary sanctions against them, without prejudice to any prosecution before the courts of either Party.
Article 10
1. Staff members and dependants of the sending State are exempt from the social security provisions, when they exist, of the receiving State.
2. Staff and dependants have access to the military health services of the host State. Emergency care in the medical services of the host state are free of charge. Sanitary evacuations in the territory of the host state are provided free of charge.
3. The sending State bears the financial burdens related to the repatriation of the personnel only. The host State does not bear any financial burden related to the repatriation of dependants from the sending State.
4. With the exception of the cases provided for in paragraph 2 of this article, the care, medicines, consumables and prostheses provided by the military or civil services of the receiving State in connection with hospital treatments, dental care or routine consultations, as well as the use of medical equipment related to these treatments or consultations, as the case may be, shall be the responsibility of the staff or dependants of the sending State.
5. The death of a staff member or dependant of the sending State in the territory of the receiving State is observed by a competent doctor of the receiving State. The death certificate is established according to the law applicable in the receiving State by the competent authorities and handed over to the authorities of the sending State as soon as possible.
6. In the event that an autopsy is ordered and the competent authority permits it in accordance with the laws and regulations in force in the territory of the receiving State, a doctor of the sending State may attend.
7. Once the legal formalities have been completed, the competent authorities of the receiving State shall ensure the surrender of the body of the deceased to the authorities of the sending State for repatriation.
Article 11
1. Staff members and dependants of the sending State, when they are in the territory of the receiving State for the purposes of this Agreement, comply in all circumstances with the laws and regulations in force on this territory. Parties undertake to inform them of the need to respect the customs and customs and culture of the host State.
2. Staff of the sending State, when located in the territory of the receiving State, are considered to be in service at the places of completion of their missions and activities related to the implementation of this Agreement and on the occasion of the journeys associated with it. They are considered to be not in service when they engage in an activity that does not relate to the implementation of the agreement.
3. The offences committed by a member of the staff of the sending State and by the dependants fall within the jurisdiction of the courts of the receiving State, subject to the provisions laid down in paragraph 4 of this article.
4. Except for cases where a party to the proceeding of the host country or a party to the proceedings of a third State is involved, the competent authorities of the sending State shall exercise by priority their right of jurisdiction in the event of an offence arising out of any act or negligence of a staff member performed in the course of the service.
They also exercise it in the following cases:
(a) where the offence only affects the security of the sending State;
(b) where the offence only affects the person or property of another member of the sending State;
(c) where the offence only affects the property of the sending State.
5. The sending State undertakes to hand over any staff member and dependants to the competent judicial authorities of the receiving State for the purpose of the investigation. The latter pay careful attention to the requests of the authorities of the sending State to obtain the custody of that person until proceedings have been brought against him by the host State.
6. The authorities of the receiving State shall promptly notify the diplomatic and military authorities of the sending State of any arrest or judicial action involving a member of the staff or dependants, specifying the object and motives.
7. In accordance with the respective legislation of the Parties, the Parties cooperate in the conduct of investigations and research of evidence and inform each other with the proceedings of their jurisdictions.
8. In case of prosecution before the courts of the receiving State, any member of the staff of the sending State and the dependants shall be entitled:
(a) be tried within a reasonable period of time;
(b) be represented according to its choice or be assisted under the legal conditions in force in the receiving State;
(c) to receive a competent interpreter free of charge provided by the host State to assist him throughout the proceedings and the trial;
(d) to communicate with a representative of the embassy of the sending State and the presence of that representative in the proceedings;
(e) be informed before the hearing of the charges against him;
(f) to be confronted with prosecution witnesses;
(g) not to be prosecuted for any act or negligence that does not constitute an offence to the law of the receiving State, at the time that such act or negligence has been committed.
9. The host State shall consider carefully the request to purge its sentence in the sending State, in the event of a conviction by the courts of the receiving State, a member of the staff of the sending State or a dependant.
10. Where a staff member or a dependant who has committed an offence in the territory of the receiving State has been tried and has been acquitted or sentenced by a competent court of the receiving State, he or she may not be tried once again for the same offence by a court of one or the other Party.
11. If such offences are punishable by capital punishment by the Party exercising its jurisdiction, it shall not be enforced. In the case of a penalty not applicable by either of the Parties, that penalty, if it were to be imposed, would be acceptable to both Parties.
Article 12
1. The provisions of this Article shall apply to repairs resulting from damage caused by staff members under either Party in the performance of the service and for activities related to the implementation of this Agreement in the territory of either Party.
2. In the event that an action is brought by a third party or its successors to obtain compensation for damage caused by a staff member of either Party, the following provisions apply:
(a) the host State, represented by the authorities concerned, substitutes itself for the sending State before the competent courts of the receiving State for any action brought by a third party or its persons entitled to obtain compensation for damages;
(b) each Party shall recognize its liability for damage caused to a third party by its personnel in the course of the service;
(c) compensation awarded by the competent court for compensation for damages caused to third parties or their rightful persons shall be borne by the Party in the proceeding that the court decision has condemned and in the proportions determined by the court;
(d) the sending State undertakes to refund to the receiving State the sums paid by the receiving State to the third parties or their beneficiaries under the relevant court decision. This refund comes within twelve months of the date of payment of compensation by the host State.
3. Each Party shall waive any claim for compensation against the other Party as well as against staff members for damages caused to its personnel or property resulting from participation in joint exercises, trainings, operations and military activities related to the implementation of this Agreement except in cases of gross or intentional misconduct. For heavy fault, it is understood gross error or serious negligence. For intentional misconduct, it is understood the fault committed with the intention of his author to cause harm. The determination of a heavy or intentional fault is decided by a joint commission.
Article 13
Each Party undertakes not to conduct any activity or to use anything that could cause environmental damage in the territory of the other Party.
Article 14
In the event of a dispute regarding the application or interpretation of this Agreement, the Parties shall endeavour to resolve it exclusively between them by means of direct negotiations conducted as soon as possible through an ad hoc bilateral committee or, where appropriate, through diplomatic channels. Negotiations shall commence within thirty days of receipt by one of the Parties of a written notification.
Article 15
1. Each Party shall notify the other in writing, through diplomatic channels, of the fulfilment of the constitutional procedures required for the entry into force of this Agreement.
2. This agreement comes into force for a period of fifteen years from the first day of the second month following the day of receipt of the last notification of the completion of the procedures. It is renewable by a written notification for the same period unless one of the Parties notifies to the other its intention to terminate it one year before its expiry.
3. Each Party may propose amendments to this agreement at any time. In the event of the consent of the other Party, they enter into force after the completion of the required constitutional procedures and become an integral part of that agreement.
4. Each Party may denounce this Agreement through a written notification. This denunciation takes effect six months after the notification is received by the other Party.
5. The termination or non-renewal of this Agreement shall not affect the rights or obligations arising from its implementation prior to such termination or non-renewal.
Done at Abu Dhabi on 26 May 2009 in two original copies, each in French and Arabic, both texts being equally authentic.
A C C O R D
EXCHANGE OF LETTERS RELATING TO THE INTERPRATION OF THE COOPERATION COOPERATION CHILD
Paris, 15 December 2010.
Sheikh Abdullah Bin Zayed Al Nahyan,
Minister for Foreign Affairs
of the State of the United Arab Emirates
Minister,
I have the honour of my Government to refer to the cooperation agreement on defence between the Government of the French Republic and the Government of the United Arab Emirates, signed in Abu Dabi on 26 May 2009, and to propose to you the following interpretation of this agreement:
"I. For the purposes of the provisions of Article 11, paragraphs 2, 3 and 4, the Parties agree that:
1. The receiving State, after consultation with the sending Party within 48 hours, determines whether the offence resulting from any act or negligence of a member of its staff must be considered to be performed within the scope of the service, in relation to the definition of Article 11, paragraph 2, and the stipulations of Article 5. In the event of disagreement between the Parties, the host State shall rule after an advisory opinion of the legal subcommittee provided for in Article 6, paragraph 4, which shall be rendered within seven days.
2. Any Party having priority jurisdiction under the terms of the agreement may waive it. It carefully examines applications for waiver of this right where the other Party considers that particular considerations warrant it, particularly where the award of an unenforceable sentence by the other Party is incurred. It shall inform the other Party in writing through diplomatic channels.
II. - For the purposes of the provisions of the second sentence of Article 11, paragraph 11, the Parties agree that:
1. The sending State may inform the receiving State by diplomatic means of the penalty incurred for the same offences under its legislation.
2. In the case that one of the Parties would object by diplomatic means to the execution of a non-applicable penalty imposed by the Party exercising its jurisdictional priority:
― it can propose by the same ways a substitution penalty;
- if the Party exercising its jurisdictional priority does not accept the proposed penalty, shall be applied within a reasonable time by the latter a prison sentence or fine.
III. The legal subcommittee provided for in Article 6, paragraph 4 facilitates the implementation of the stipulations of Article 11. »
I would be grateful if you would let me know if the provisions that have taken place in the past are the approval of your government. In this case, this letter and your response will form the agreement between our two governments on the interpretation of the Defence Cooperation Agreement signed on May 26, 2009. This agreement will enter into force on the same date of entry into force as the agreement of 26 May 2009 in accordance with the provisions of Article 15 paragraphs 1 and 2 of the agreement. This agreement is established in French and Arabic, each equally authentic.
Please accept, Minister, the assurances of my highest consideration.
Done on 16 April 2012.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of State,
Minister for Foreign Affairs
and European,
Alain Juppé
For the Government
of the French Republic:
Hervé Morin,
Minister of Defence
For the Government
United Arab Emirates:
Sheikh Abdallah Bin Zayed
Al Nahyan,
Minister
Foreign Affairs
United Arab Emirates
For the Government
of the French Republic:
Alain Juppé,
Minister of State,
Minister of Defence
and Veterans Affairs
Paris, 15 December 2010.
A Monsieur Alain Juppé
Minister of State,
Minister of Defence
and Veterans Affairs
La République française
Minister,
I have the honour to inform you that I have received your letter addressed to me, dated today and containing:
"I have the honour of my Government to refer to the cooperation agreement on defence between the Government of the French Republic and the Government of the United Arab Emirates, signed at Abu Dhabi on 26 May 2009, and also to propose the following interpretation for the agreement above:
I. For the purposes of the provisions of Article 11, paragraphs 2, 3 and 4, the Parties agree that:
1. The receiving State, after consultation with the sending Party within 48 hours, determines whether the offence resulting from any act or negligence of a member of its staff must be considered to be performed within the scope of the service, in relation to the definition of Article 11, paragraph 2, and the stipulations of Article 5. In the event of disagreement between the Parties, the host State shall rule after an advisory opinion of the legal subcommittee provided for in Article 6, paragraph 4, which shall be rendered within seven days.
2. Any Party having priority jurisdiction under the terms of the agreement may waive it. It looks forward to applications for waiver of this right when the other Party considers that particular considerations warrant it, including when the award of an unenforceable sentence by the other Party is pending, it informs the other Party in writing through diplomatic channels.
II. - For the purposes of the provisions of the second sentence of Article 11, paragraph 11, the Parties agree that:
1. The sending State may inform the receiving State by diplomatic means of the penalty incurred for the same offences under its legislation.
2. In the case that one of the Parties would object by diplomatic means to the execution of a non-applicable penalty imposed by the Party exercising its jurisdictional priority:
― it can propose by the same ways a substitution penalty;
- if the Party exercising its jurisdictional priority does not accept the proposed penalty, shall be applied within a reasonable time by the latter a prison sentence or fine.
III. ― The legal subcommittee provided for in Article 6, paragraph 4 facilitates the implementation of the provisions of Article 11. »
I would be grateful if you could let me know if the stipulations above are accepted by your government. In this case, this letter is considered, not to mention your answer, as an agreement between our two governments regarding the interpretation of the Defence Cooperation Agreement, signed on May 26, 2009. This agreement shall enter into force on the same date of entry into force as the agreement of 26 May 2009 in accordance with the provisions of Article 15 paragraphs 1 and 2 of the agreement.
This agreement is established in French and Arabic, each equally authentic.
I have the honour to confirm our government's agreement on the content of this letter.
Please accept, Minister, my best feelings.
For the Government of the State
United Arab Emirates:
Abdullah Bin Zayed Al Nahyan,
Minister for Foreign Affairs
