Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2012-1360 of 6 December 2012 authorizing the approval of the cooperation agreement in the field of defence between the Government of the French Republic and the Government of the Algerian Democratic and People's Republic;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:
The cooperation agreement in the field of defence between the Government of the French Republic and the Government of the Algerian Democratic and People's Republic, signed in Algiers on 21 June 2008, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A C C O R D D E C O P E R A T I O N
IN THE FIELD OF DEFENSE TO THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE ALGERIAN REPUBLIC DEMOCRACY AND POPULAR
The Government of the French Republic
and
the Government of the People ' s Democratic Republic of Algeria,
below referred to as "Parties",
Considering the bonds of friendship between the French Republic and the Algerian Democratic and People's Republic;
Reaffirming their commitment to the principles and objectives of the Charter of the United Nations, in particular with regard to respect for the independence and sovereignty of States;
Drawing on the establishment of lasting cooperation based on mutual respect, trust and consideration of the interests of each Party;
To contribute to the sustainable maintenance of regional stability by cooperating in the areas of counter-terrorism and crisis prevention;
Desirous of promoting, through their bilateral efforts, the strengthening of dialogue and cooperation in defence between the two shores of the Mediterranean;
agreed that:
Article 1
For the purposes of this Agreement:
― "Shipping Party" means the Party to which military and civilian personnel are located in the territory of the other Party;
― "Reception Party" means the Party in the territory of which the military and civilian personnel of the sending Party, in stay or in transit are located;
"Member of military personnel" means personnel belonging to the armed forces of one of the Parties that is located for the performance of the service in the territory of the other Party in accordance with this Agreement;
- "civil personnel" means personnel accompanying the armed forces of a Party and employed or bound by a contract with the armed forces or the Ministry of Defence for a defence-related mission and which can only be a national of the sending Party;
“contract-related personnel” means technical specialists representing defence service providers and working directly for these forces;
"Armed Forces" means the units or formations of the armies of land, sea or air or any other military body of any of the Parties;
"family member" means persons who are neither ordinary residents nor nationals of the host Party and who are only spouses, children and ascendants of military and civilian personnel.
Article 2
1. The purpose of this Agreement is to develop cooperation among Parties in the field of defence.
2. As part of this Agreement, Parties agree to implement and develop their cooperation in the following ways:
(a) The maintenance and development of contacts and relations between the ministries responsible for the defence of the Parties through visits by high political and military authorities and exchanges of delegations;
(b) The development of strategic exchanges in an appropriate form to address crises and destabilization factors that may affect Parties;
(c) Cooperation in counter-terrorism;
(d) Training of staff in higher military education and specialized training institutions;
(e) The organization and execution of joint exercises and the invitation of military observers for national exercises and/or exercises;
(f) Maintenance of stopovers of warships, visits to bases and military units;
(g) The exchange of views in the field of defence and the doctrine of use of military forces, including the exchange of military information on areas determined by mutual agreement;
(h) Cooperation in the field of military health;
(i) The promotion and development of cooperation in space technology, spatial observation, military geography and hydrography;
(j) The acquisition of weapon systems, equipment and defence equipment and related services, their modernization and the exchange of experience in this area;
(k) The promotion and development of cooperation in the field of scientific research and defence technology, as well as partnership in the defence and technology transfer industry;
(l) Any other activities jointly decided by the Parties to promote closer cooperation among their defence units.
3. The implementation of the cooperation provided for in this Agreement is primarily within the competence of the Ministers of Defence of the Parties. If necessary, the terms and conditions of implementation may be specified by arrangement.
Article 3
1. A Franco-Algerian joint commission is established, as follows:
- to establish the general conception of bilateral cooperation in the areas defined in Article 2 of this Agreement, and to organize and coordinate this cooperation;
― to study new proposals for cooperation.
2. The commission is co-chaired by a representative designated by the Ministry of Defence of each Party. It is also composed of representatives of Parties whose participation is necessary.
3. The commission meets at least once a year alternately in France and Algeria. It assesses the cooperation of the past year, monitors ongoing actions, sets out the cooperation plan for the coming year and examines future deadlines. The cooperation plan includes joint actions, objectives and modalities.
4. The Commission will operate on the basis of the principles established jointly by the co-chairs and in accordance with the regulations they have adopted.
Article 4
1. The Franco-Algerian Joint Commission comprises four subcommissions, respectively:
the "strategic subcommission";
the “military subcommission”;
- the "subcommission armement";
– the “military health subcommittee”.
Each subcommission is responsible for a particular aspect of bilateral cooperation in the areas of Article 2 of this Agreement.
The subcommissions present the progress of their work during the meeting of the Franco-Algerian Joint Commission. Each subcommission is co-chaired by a representative of the Ministry of Defence of each Party.
2. The "strategic subcommission" defines a framework for the exchange of views and analysis on the concept of defence and any issue relating to security and stability in a regional environment as in a global perspective.
3. The "military subcommission" defines a permanent framework for extended military cooperation with a view to carrying out military cooperation actions to ensure a rapprochement between the French and Algerian defence forces.
4. The "subcommission armement" defines a framework to regularly address projects of common interest in the field of arms.
5. The "military health subcommission" defines a framework to address the objectives and perspectives to be developed in the field of military health.
Article 5
1. Members of the military and civilian personnel of the sending Party are required to comply with the legislation and regulations of the receiving Party. The sending Party shall inform its staff members of the need to comply with the laws and regulations of the host Party.
2. Members of the military and civilian personnel of one of the Parties present in the territory of the other Party under this Agreement may in no 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.
3. In the case of exchanges of military personnel between the units of the armed forces of the two Parties carried out under this Agreement, the activity of the personnel exchanged shall be subject to the military regulations in force in the host unit.
Article 6
1. During their stay in the territory of the Host Party, the personnel involved in the implementation of this Agreement shall remain subject, inter alia, to their original military authorities, by:
― the Defence Attack near the French Embassy in Algiers, for French personnel;
― the Defence Attack near the Embassy of the People's Democratic Republic of Algeria in Paris, for Algerian personnel.
2. The authorities of the sending Party are solely competent in the field of discipline. The competent authorities of the Host Party shall inform the relevant supervisor of the Party of sending behaviours that they consider to be subject to disciplinary sanctions.
Article 7
1. Offences committed by a member of military or civilian personnel and those committed by a member of his or her family are within the jurisdiction of the host Party, subject to the provisions of paragraph 2 of this article.
2. By derogation from the provisions of paragraph 1 of this article, the authorities of the sending Party shall exercise their jurisdiction over the members of their military or civilian personnel in the following cases:
- offences that only affect the security of the sending Party, the property of the sending Party or the person of another member of the military or civilian personnel of the sending Party; or
– the offences resulting from any act or negligence performed in service or on the occasion of service. The sending Party determines whether the offence was committed in service or on service.
3. In the cases referred to in the second paragraph, the authorities of the sending Party may waive their priority jurisdiction, after notification of their intention to the authorities of the receiving Party and acceptance of it.
4. The authorities of the host Party shall promptly notify the authorities of the sending Party of any arrest of a member of the military or civilian personnel or of a member of his family.
5. With regard to offences committed in service by a member of the military or civilian personnel of the sending Party, the host Party undertakes to diligently consider the request for surrender made by the sending Party.
Article 8
The Parties shall complete, as appropriate, the status of their military and civilian personnel.
Article 9
1. Each Party shall waive any claim for compensation against the other Party as well as against members of military or civilian personnel for damages caused to its personnel or property resulting from activities related to the implementation of this Agreement, except in the event of serious or intentional misconduct. For heavy fault, it is understood gross error or serious negligence. The determination of the existence of a heavy fault is the competence of the authorities of the Party whose fault the perpetrator reports.
2. The host Party shall substitute in the proceeding for any action to be taken by third parties or their rights holders.
3. The burden of compensation for damages caused to third parties as a result of an amicable procedure shall be apportioned among the Parties as follows:
- where the damage is attributable to a single Party, that Party shall ensure payment of the total amount of compensation;
where the damage is attributable to the two Parties or where it is not possible to assign the liability to either Party, the amount of the compensation shall be apportioned equally among the Parties.
4. Compensation for compensation for damage caused to third parties as a result of litigation is the responsibility of the Party that the court decision has determined and in the proportions it has set.
Article 10
Any dispute arising from the application or interpretation of the provisions of this Agreement shall be settled by the Parties to the Friendly through consultations and negotiations.
Article 11
The modalities of financial and logistical support for cooperation activities, if any, are specified in accordance with the requirements of Article 2 of this Agreement, in accordance with the following principles:
― each Party shall bear the travel expenses of the members of its military or civilian personnel to and from the territory of the host Party State. Any transport by military means within the territory of a Party shall be the responsibility of the Party;
- during visits and exchanges, each Party shall bear the costs of feeding and accommodation of members of its military or civilian personnel;
― in joint exercises and training, the Host Party shall, as a gratuitous measure, provide accommodation in its military facilities and the provision of training facilities for military or civilian personnel of the Party of Shipment.
Article 12
1. Members of the military or civilian personnel of the sending Party have access to the necessary medical care from the host health service of the host Party under the same conditions as for members of its own personnel.
2. Medical acts issued by unit or garrison medical services and emergency medical evacuations by military aircraft are free of charge.
3. Civilian air evacuations, hospitalizations, consultations, examinations and civil hospital care are reimbursed by the Party to which the staff member is treated.
Article 13
The death of a member of the military or civilian personnel is reported to the territorially competent authorities of the host Party. 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.
Article 14
1. Parties agree to conclude a security agreement as soon as possible to govern the exchange of classified information between them.
2. As long as this security agreement has not entered into force, the following rules apply:
(a) Parties shall protect the classified information to which they may have access under this Agreement in accordance with their national laws and regulations;
(b) The classified information shall be transmitted only by official channels or by means authorized by the security services designated by the Parties;
(c) No information may be disseminated or disclosed to non-authorized third parties, persons or entities without prior written consent of the sending Party.
Article 15
The Parties shall accord full cooperation and assistance for the implementation by the relevant industries and/or agencies of the Memorandums of Understanding and Contracts concluded on the basis of this Agreement. In particular, they aim to facilitate the issuance of documents necessary for the export of equipment and equipment acquired.
Article 16
The Parties shall, in all circumstances and in accordance with their respective domestic legal order, implement the commitments made under this Agreement.
Article 17
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 on the first day of the second month following the day of receipt of the second notification.
2. This Agreement may be supplemented, amended and amended at any time, in writing, by mutual agreement between the Parties.
3. This Agreement shall be concluded for a period of ten (10) years, renewable annually by tacit renewal. It may be denounced at any time by written notification by each Party. In this case, it ceases to be in force ninety (90) days from the day the notification was received by the other Party.
4. The expiry or denunciation of this Agreement shall not relieve Parties from the obligations arising from its application.
In faith, duly authorized representatives of both Parties have signed this Agreement.
Done in Algiers on 21 June 2008, in two copies, each in French and Arabic, both texts being equally authentic.
Declaration
"The Government of the French Republic states that the internal legal order referred to in Article 16 of the Agreement applies, with respect to the French Republic, both the Constitution of 4 October 1958 and the international agreements and conventions to which France is a party.
On the basis of these provisions, the French authorities will not be able to hand over to the Algerian authorities, in the various cases provided for in Article 7 of the Agreement, civilian or military personnel or members of their suceptible family to carry the death penalty under applicable Algerian law. »
Done on 19 April 2013.
François Hollande
By the President of the Republic:
The Prime Minister,
Jean-Marc Ayrault
Minister of Foreign Affairs,
Laurent Fabius
For the Government
of the Republic of
French:
Hervé Morin
Minister of Defence
For the Government
of the Algerian Republic
democratic and popular:
Abdelmalek Guenaizia
Minister Delegate
to the Minister
National Defence
