Decree No. 2012-495 Of 16 April 2012 On The Publication Of The Agreement Between The Government Of The French Republic And The Government Of The United Arab Emirates On Defence Cooperation, Signed At Abu Dhabi On May 26, 2009...

Original Language Title: Décret n° 2012-495 du 16 avril 2012 portant publication de l'accord entre le Gouvernement de la République française et le Gouvernement des Emirats arabes unis relatif à la coopération en matière de défense, signé à Abou Dabi le 26 mai 2009...

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Summary of the articles 52 to 55 of the Constitution.
Keywords foreign and European Affairs, INTERNATIONAL agreement, BILATERAL agreement, FRANCE, UAE, COOPERATION, defence, co-operation agreement, INTERPRETATION, exchange of letters, COOPERATION of defence JORF n ° 0092 April 18, 2012 page 6980 text no. 4 Decree No. 2012-495 of 16 April 2012 on the publication of the agreement between the Government of the French Republic and the Government of United Arab Emirates on defence cooperation signed at Abu Dhabi on May 26, 2009, and the agreement in the form of exchange of letters on the interpretation of the agreement of cooperation in the field of defence, signed in Paris on 15 December 2010 (1) NOR: MAEJ1210026D ELI: https://www.legifrance.gouv.fr/eli/decret/2012/4/16/MAEJ1210026D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2012/4/16/2012-495/jo/texte the President of the Republic On the report of the Prime Minister and the Minister of State, Minister of foreign and European Affairs, given the Constitution, particularly its articles 52 to 55.
See Decree No. 53-192 of March 14, 1953 changed relative to the ratification and publication of international commitments entered into by France, decrees: Article 1 the agreement between the Government of the French Republic and the Government of the United Arab Emirates on defence cooperation, signed at Abu Dhabi on May 26, 2009, and the agreement in the form of exchange of letters on the interpretation of the defense cooperation agreement signed at Paris on 15 December 2010, will be published in the Official Journal of the French Republic.


Article 2 the Prime Minister and the Minister of State, Minister of foreign and European Affairs, are loaded, each which is concerned, of 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 Republic French and the Government of Emirates Arabs United related to the COOPERATION in DEFENSE preamble the Government of the French Republic, hereinafter referred to as "French party", and the Government of the State of the United Arab Emirates hereinafter referred to as 'the UAE part', jointly referred to as "the Parties", in the context of the relations of friendship and cooperation that exist between the Parties Recognizing the primacy of international law in relations between States and based on the purposes and principles of the Charter of the United Nations, and in particular article 51, in respect of their sovereignty and the principle of noninterference in affairs internal, anxious to strengthen the military capabilities and defence of the UAE State United, stressing the importance the Parties to the preservation of the security the peace and stability of the Gulf region in general and the State of United Arab Emirates in particular, welcoming the fruitful cooperation between the Parties with respect to the stability and security of the region of the Gulf, a region of vital strategic importance to the world, whereas the notion of engagement is the major agreement basis and it is testimony to the will of defence cooperation According to the interests of the two States, have agreed to the following: Article 1 in the application of this agreement the following expressions and words have meaning: has) "Forces" refers to any military unit army of land, air, Navy and the national gendarmerie, or of one JSS services any of the Parties;
(b) "staff members" means military or civilian personnel of the forces of one of the Parties and the civilian staff employed by the departments competent in the field of defence and security, present on the territory of the other party under this agreement, excluding nationals and residents of the host State;
(c) "dependant" means the spouse legally recognized and their minor children;
(d) "sending State" means the party staff members located on the territory of the host State;
(e) "host State" means the Party on whose territory lie stay forces or members of the staff of the sending State.

TITLE I: General principles of COOPERATION of defence Article 2 1. Cooperation is established in the following areas: has) intelligence;
(b) the education and training;
(c) the establishment of plans;
(d) exercises joint;
(e) special forces;
(f) any other area on which the Parties may agree.
2. the Parties may conclude agreements, arrangements and protocols for organizing cooperation in the above areas.
Article 3 the Parties consult each other and exchange their analyses when one or the other crowd a threat likely to affect their respective fundamental national interests.
Article 4 1. The Government of the French Republic undertakes to participate in the defense of security, sovereignty, territorial integrity and independence of the State of the Arab Emirates United.
2. the Government of the French Republic undertakes to deploy the means and devices defined in common such as to dissuade any State which would threaten the security, sovereignty, territorial integrity and independence of the State of the Arab Emirates United.
3. the Parties agree to prepare to deal with any threat or aggression against the security, sovereignty, territorial integrity and independence of the State of the Arab Emirates United.
4. when occurs a threat against the security, sovereignty, territorial integrity and independence of the State of the United Arab Emirates, the Parties immediately establish contacts regarding all aspects of this threat to the implementation of measures and actions they consider appropriate to remove her.
5. when the State of United Arab Emirates undergoes an aggression against its security, its sovereignty, its territorial integrity or independence, the Parties immediately develop contacts with a view to 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, defence 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 several States.
Article 5 1. When they take place on the territory of one or other Parties, activities related to this agreement are subject to prior consent of the host State.
2. the use by members of the armed forces of either of the Parties of the facilities, facilities and business parks located in the territory of the other party is subject to prior consent of the host State.
3. by mutual agreement between the Parties, French forces can park on the territory of the State of the United Arab Emirates.
4. agreements, protocols of cooperation or technical arrangements govern parking equipment, supply and defence materials, as well as the facilities, the use of facilities and areas of activities granted by the UAE part.
Article 6 1. The parts create a high joint military Committee to ensure the follow-up of the provisions of this agreement.
2. it is co-chaired by the chiefs of staff of the Parties or their representative. It is composed: French: ― by the Ambassador of France to the State of the United Arab Emirates;
― of three representatives of the Ministry of defence;
― two representatives of the Ministry of Foreign Affairs.
For the UAE game: ― by the Ambassador of the State of United Arab Emirates in France;
― two representatives of the armed forces;
— a representative of the Ministry of Foreign Affairs;
― of a representative of the Department of the Interior;
— a representative of the Ministry of justice.
3. the Parties can appeal, as necessary, to experts.
4. the top joint military Committee meets at least once a year or as needed.
It forms the following subcommittees: has) the Legal Subcommittee, under the direction of the top joint military Committee, to ensure the follow-up of administrative and legal issues, in order to facilitate the procedures for the application of this agreement.
(b) the military Subcommittee responsible, under the supervision of the top joint military Committee to ensure follow-up on military issues, in order to facilitate the application of this agreement.
5. the chairs of the subcommittees are members of the top joint military Committee.
6. each party appoints an officer Coordinator, the grade that is suitable, responsible for follow-up of the decisions taken by the high-level joint military Committee.
7. the Parties establish transit of the minutes of the meetings of the top joint military Committee and the subcommittees. They are taken into account in case of disagreement on the interpretation of the work of these committees.

Title II: Status of FORCES, members of staff and dependants Article 7

1. the provisions of this title apply forces, members of the staff of the sending State and persons dependants who stay on the territory of the host State in respect of the implementation of the present agreement of cooperation.
2. for the purposes of enforcement of the provisions of the present agreement, the host State facilitates, in accordance with its laws and regulations and after prior agreement, entry on its territory and the release of members of staff and dependants of the sending subject State whether they are carrying a valid passport. The host State provides costs obtaining the visas and residence permits potential.
3. the provisions of this article cannot be interpreted as conferring a member of staff and people to support a right to permanent residence or domicile in the host State.
4. when one of the members of the staff of the sending State ceases its functions on the basis of this agreement, the State shipping shall inform the receiving State from his date of departure from the territory of the host State and request the cancellation of his visa of residence. The sending State informs the host of any irregular absence of a staff member State as soon as possible.
Article 8 members of the staff of the sending State are uniform and badges of their strength in accordance with the regulations in force in their army when they are in service in the territory of the host State, unless the competent authorities of the Parties decide otherwise.
Article 9 the authorities of the sending State have exclusive jurisdiction enforcement of the statutory disciplinary rules on staff members. In case of breach of their obligations by them, they can take all disciplinary sanctions against them, without prejudice to any prosecutions in the courts of either party.
Article 10 1. Staff members and dependants of the sending State are exempt from the social security provisions, where they exist, of the host State.
2. the members of staff and dependants have access to military healthcare of the host State. Of emergency care in the medical services of the armed forces of the host State are free. Medical evacuations in the territory of the host State are provided free of charge.
3. the sending State supports financial expenses related to the repatriation of members of staff. The host State can't bear no financial burden related to the repatriation of dependants of the sending State.
4. with the exception of the cases provided for in paragraph 2 of this article, healthcare, medicines, consumable products and prostheses provided by military or civilian State reception on the occasion of hospital treatment, dental care or routine consultations, as well as the use of medical equipment related to these treatments or consultations are, according to the cases, dependents of members of staff or dependants of State send or their insurer.
5. the death of a member of staff or a dependant of the sending State in the territory of the host State is witnessed by a competent doctor of the host State. The death certificate is established according to the applicable law in the host State by the competent authorities and handed over to the authorities of the sending State at the earliest.
6. in case an autopsy is ordered, and if the competent authority permits in accordance with the laws and regulations in force in the territory of the host State, a doctor of the sending State may attend.
7. once the legal formalities completed, the competent authorities of the host State ensure the release of the body of the deceased I authorities ' sending State, for the purpose of repatriation.
Article 11 1. Staff members and dependants of the sending State, when they are on the territory of the host State for the purposes of this agreement, comply in all circumstances with laws and regulations in force in that territory. The Parties undertake to inform them of the need to respect the Customs and traditions and culture of the host State.
2. members of the staff of the sending State, when they are on the territory of the host State, are regarded as being on duty at the scene to carry out their duties and activities related to implementing implementation this agreement and occasionally trips related thereto. They are considered as not being in service when they are devoid of any connection with the implementation of the agreement.
3. offences committed by a staff member of the sending State as well as the dependants are under the jurisdiction of the courts of the receiving State, subject to the provisions of paragraph 4 of this article.
4. except for the cases where a party to the proceeding of the host country or a party to the proceeding of a third State is involved, the competent authorities of the sending State exercise their right of jurisdiction offences resulting from any act or negligence of a member of staff accomplished as part of the service by priority.
They exercise it also in the following cases: a) when the offence only undermines the security of the sending State;
(b) when the offence is only to the person or property of another Member of the staff of the sending State;
(c) when the offence is only property of the sending State.
5. the sending State is committed to any member of the staff as well as individuals to load before the competent judicial authorities of the host for the purposes of education. These last pay caring attention to requests the authorities of the sending State to get custody of that person until the proceedings have been brought against it by the host State.
6. the authorities of the receiving State shall notify without delay the diplomatic and military authorities of the State of dispatch of any arrest or legal action a member of staff or dependants, in specifying the purpose and the reasons.
7. According to the respective legislation of the Parties, the latter collaborate in the conduct of investigations and research evidence and inform each other of the follow-up given to the case by their courts.
8. in the case of proceedings before the courts of the host State, any member of the staff of the sending State so that dependants entitled: has) to be tried within a reasonable time;
(b) to be represented according to their choice or to be assisted in the legal conditions in force in the host State;
(c) to have a competent interpreter graciously provided by the host State to assist him throughout the procedure and trial;
(d) to communicate with a representative of the Embassy of the State of sending and the presence of this representative in debates;
(e) to be informed, prior to the hearing, accusations against him;
(f) to be confronted with the witnesses against him;
(g) to not be prosecuted for any act or negligence which does not constitute an offence under the law of the host State, at the time when this Act or negligence was committed.
9. the host State shall consider the request to serve his sentence in the sending State, if convicted by the courts of the receiving State, sympathetically to a staff member of the State of shipment or a dependant.
10. where a staff member or a dependant who has committed an offence on the territory of the host State was found and has been acquitted or convicted by a competent court of the host State, he cannot be tried again for the same offence by a Court of any of the parties.
11. If these offences are punished by the party who has jurisdiction, of capital punishment, it will not be executed. In the case of a non sentence by one or other of the Parties, this sentence, if it were to be imposed, would be an acceptable substitute by both Parties.
Article 12 1. The provisions of this section apply to repairs resulting from damage caused by members of the staff of either party in the exercise of the service and for activities related to the implementation of this agreement in the territory of either party.
2. where an action is brought by a third party or his or her dependants to compensation in respect of damage caused by a member of the staff of one or other of the Parties, the following provisions shall apply: has) the host, represented by the authorities concerned, State replaces the sending courts competent to I state ' host State for any action brought by a third party or his dependants for the purpose of obtaining compensation for damage;
(b) each party recognizes its responsibility for the damage caused to a third party by members of its staff in the performance of the service;
(c) allowances allocated by the Court responsible for the repair of damage caused to third parties or their privies are the responsibility of the party to the proceedings that the decision of justice has condemned and in the proportions set by;

(d) the sending State undertakes to reimburse to the host State the sums paid by it to third parties or their dependents in accordance with the decision of the competent court. This refund will within a period of twelve months from the date of payment of compensation by the host State.
3. each party waives any claim against the other party as well as against members of staff for the damage caused to its staff or property resulting from participation in exercises, training, operations and joint military activities related to the implementation of this agreement except in the case of heavy or intentional fault. By gross negligence, it is understood the gross error or negligence. By intentional fault, it is understood the fault committed with the deliberate intention of its author to cause injury. The determination of the existence of a heavy or intentional fault is decided by a joint commission.
Article 13 each party agrees not to conduct business or use anything that could cause damage to the environment in the territory of the other party.

Title III: Final provisions Article 14 in the case of dispute relating to the application or interpretation of this agreement, the Parties strive to exclusively resolve between them by direct negotiation conducted in soon as possible through an ad hoc bilateral committee or, where appropriate, through the diplomatic channel. Negotiations open in a period of thirty days after the receipt by one party of a written notification.
Article 15 1. Each Party shall notify the other in writing, through diplomatic channels, the fulfillment of the constitutional procedures required in which her concerns for the entry into force of this agreement.
2. this Agreement shall enter into force for a period of 15 years from the first day of the second month following the day of receipt of the last notification of the completion of procedures. It is renewable by a written notification for equal amounts of time unless one of the Parties notifies the other its intention to terminate a year before it expires.
3. each party may propose amendments to this agreement at any time. In the case of consent of the other party, they come into force after the completion of the requisite constitutional procedures and become an integral part of this agreement.
4. each party may denounce this agreement by means of a written notification. This denunciation takes effect six months after receipt of notification by the other party.
5. the termination or non-renewal of this agreement does not affect the rights or obligations arising from its performance prior to this non-renewal or termination.
Made in Abu Dhabi, May 26, 2009, in two originals, each in English and Arabic, the two texts being equally authentic.



C C O R D under form of exchange of letters relating to the INTERPRETATION of the agreement of COOPERATION in defence Paris, December 15, 2010.
Sheikh Abdullah Bin Zayed Al Nahyan, Minister of Foreign Affairs of the State of the United Arab Emirates Minister, I have the honor of order of my Government, to refer to the agreement of cooperation in defence between the Government of the French Republic and the Government of the United Arab Emirates signed at Abu Dhabi on May 26, 2009 and to offer you the following agreement interpretation : "I. for the purposes of application of the provisions of article 11, paragraphs 2, 3 and 4, the Parties agree to the following: 1. the host State, after consultation with the party to send within a period of 48 hours, determines if the offence as a result of any act or negligence of a member of his staff should be considered as accomplished as part of the service, in the light of the definition of article 11. , paragraph 2, and the provisions of article 5. In case of disagreement between the Parties, the host State statue after advisory opinion of the Legal Subcommittee under article 6, paragraph 4, that it will be made within a period of seven days.
2. any party having priority of jurisdiction under the terms of the agreement may be waived. It examines sympathetically requests for waiver of this right when the other party believes that special considerations justify, especially when a sentence inapplicable by the other party is incurred. It shall inform the other party in writing through diplomatic channels.
II. — for the purposes of application of the provisions of the second sentence of article 11, paragraph 11, the Parties agree to the following: 1. the sending State may inform through diplomatic channels the host State of the penalty for the same offence under its law.
2. in the case where one of the Parties object through the diplomatic channel to the enforcement of a sentence not applicable handed down by the party with his priority of jurisdiction: ― it can offer through the same channels an alternative sentence.
― If the party exercising its priority of jurisdiction does not accept the proposed penalty is applied within a reasonable time by the latter imprisonment or fined.
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 kindly let me know if the provisions that previous gather the approval of your Government. In this case, this letter and your reply constitute the agreement between our two Governments relating to the interpretation of the defense cooperation agreement signed on May 26, 2009. This agreement will enter into force on the same date of entry into force until the agreement of May 26, 2009, in accordance with what is stipulated in article 15 paragraphs 1 and 2 of the agreement. This agreement is established in French and Arabic languages, each being equally authentic.
Please accept, Mr. Minister, the assurances of my highest consideration.

Made on April 16, 2012.
Nicolas Sarkozy by the President of the Republic: the Prime Minister François Fillon, the Minister of State, Minister of foreign and European Affairs, Alain Juppé for the Government of the French Republic: Hervé Morin, Minister of defence for the Government of the United Arab Emirates: Sheikh Abdullah Bin Zayed Al Nahyan, Minister of Foreign Affairs of the United Arab Emirates for the Government of the French Republic : Alain Juppé, Minister of State, Minister of defence and Veterans Paris, December 15, 2010.
Mr. Alain Juppé Minister of State, Minister of defence and Veterans Republic French Minister, I have the honour to inform you that I got your letter to me dated today and which contains: ' I have the honour, order of my Government, to refer to the agreement of cooperation in defence between the Government of the French Republic and the Government of the United Arab Emirates. signed at Abu Dhabi on May 26, 2009, and also to offer the following interpretation for the above agreement: i. for the purposes of application of the provisions of article 11, paragraphs 2, 3 and 4, the Parties agree to the following: 1. the host State, after consultation with the party to send within a period of 48 hours, determines if the offence as a result of any act or negligence of a member of his staff should be considered to be accomplished within the framework of the service , in the light of the definition of article 11, paragraph 2, and the provisions of article 5. In case of disagreement between the Parties, the host State statue after advisory opinion of the Legal Subcommittee under article 6, paragraph 4, that it will be made within a period of seven days.
2. any party having priority of jurisdiction under the terms of the agreement may be waived. She examines sympathetically requests for waiver of this right when the other party believes that special considerations justify, especially when a sentence inapplicable by the other party is incurred, it shall inform the other party in writing through diplomatic channels.
II. — for the purposes of application of the provisions of the second sentence of article 11, paragraph 11, the Parties agree to the following: 1. the sending State may inform through diplomatic channels the host State of the penalty for the same offence under its law.
2. in the case where one of the Parties object through the diplomatic channel to the enforcement of a sentence not applicable handed down by the party with his priority of jurisdiction: ― it can offer through the same channels an alternative sentence.
― If the party exercising its priority of jurisdiction does not accept the proposed penalty is applied within a reasonable time by the latter imprisonment or fined.
III. — the Legal Subcommittee foreseen 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 defense cooperation agreement, signed on May 26, 2009. This agreement will enter into force on the same date of entry into force until the agreement of May 26, 2009, in accordance with what is stipulated in article 15 paragraphs 1 and 2 of the agreement.
This agreement is established in French and Arabic languages, each being equally authentic.
I have the honour to confirm the agreement of our Government on the content of this letter.
Please accept, Mr Minister, my feelings the best.
For the Government of the State of the United Arab Emirates: Abdullah Bin Zayed Al Nahyan, Minister of Foreign Affairs (1) this agreement will come into force may 1, 2012.