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. 75-1135 of 10 December 1975 authorizing the approval of the Framework Agreement for Cultural, Scientific and Technical Cooperation between the Government of the French Republic and the Government of the Republic of Venezuela, signed in Caracas on 15 November 1974;
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. 77-379 of 28 March 1977 publishing the framework agreement for cultural, scientific and technical cooperation between the Government of the French Republic and the Government of the Republic of Venezuela, signed in Caracas on 15 November 1974;
Vu le Decree No. 87-323 of 11 May 1987 issuing the supplementary agreement to the framework agreement for cultural, scientific and technical cooperation between the Government of the French Republic and the Government of the Republic of Venezuela concerning the academic institutes of technology (a combined additional protocol), signed in Paris on 15 April 1980,
Decrete:
The complementary agreement to the framework agreement for cultural, scientific and technical cooperation between the Government of the French Republic and the Government of the Bolivarian Republic of Venezuela on higher education (two annexes), signed in Paris on 2 October 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.
ACCORD COMPLÉMENTAIRE À L'ACCORD-CADRE DE COOPÉRATION CULTURELLE, SCIENTIFIQUE ET TECHNIQUE ENTER LE GUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE ET LE GUVERNEMENT DE LA RÉPUBLIQUE BOLIVARIEN DU VENEZUELA en MATIÈRE D'ENSEIGNEMENT, SIGNÉ à CARAC
The Government of the French Republic and the Government of the Bolivarian Republic of Venezuela, referred to as the parties;
Considering that Article 18 of the Framework Agreement for Cultural, Scientific and Technical Cooperation between the Government of the French Republic and the Government of the Republic of Venezuela, signed on 15 November 1974, provides for the possibility of signing additional agreements;
Considering the complementary agreement to the framework agreement for cultural, scientific and technical cooperation between the Government of the French Republic and the Government of the Republic of Venezuela, concerning the academic institutes of technology, signed in Paris on 15 April 1980, as well as the supplementary protocol;
Considering the conclusions of the Joint Commission of France and Venezuela on Cultural, Scientific and Technical Cooperation of 20 October 2005;
Aware that education is the main vector of social transformation to improve the living conditions of the individual;
Desiring to maintain and strengthen, in their mutual interest, the existing bonds of friendship, understanding and collaboration between their two countries and to establish a general framework for defining, strengthening and expanding their relations in the field of higher education;
Decided to set the principles, rules and procedures that will mutually govern cooperation in the field of education;
The following agreed:
Article 1
The parties undertake to promote and strengthen cooperation in the field of higher education, on the basis of the principles of equality, mutual respect for sovereignty and reciprocity of benefits, in accordance with their respective national legislation and the provisions of this supplementary agreement.
Article 2
The parties promote cooperation in the field of higher education through the following activities:
(a) Exchange of updated documents, publications and information on their respective systems, exchange of views and information materials to make known the history, culture, civilization and geography of the two countries, based on the documents provided by each party;
(b) Participation of professors and researchers from parties to conferences, symposiums and seminars in both countries;
(c) Organization of courses, conferences and forums on themes related to their socio-historical development;
(d) Sharing experiences and good practices related to the provision of efficient and quality teaching services in both countries;
(e) Direct relationship between the higher education institutions of both parties to enable them to develop, sign and implement specific exchange and cooperation programs;
(f) Promotion of French language and culture teaching centres in Venezuelan regions, mainly for the language training of candidates for scholarship programmes;
(g) Willing to use the strengths of each State to ensure equitable access to quality higher education for all individuals residing in the territory of the Parties;
(h) Encouragement to the realization of doctoral theses in cotutelle and academic agreements of double degrees;
(i) Creation of a technical commission for the definition of common mechanisms for validation of the first, second and third cycle studies conducted in each country;
(j) Establishing mechanisms for technology transfer through short-term courses in strategic areas;
(k) Exchange of teachers and researchers in priority development areas for the Bolivarian Republic of Venezuela;
(l) Any other initiative agreed by the parties.
Article 3
The parties undertake to facilitate the entry into the higher education institutions of both countries and the award of scholarships covering the maintenance and registration fees and medical insurance of students, through specific programs sponsored by the foundations and institutions of each of the parties. The regulations concerning admission, stay, academic organization, duration of the curriculum and programs are mutually agreed between the parties and in accordance with the national legislation of each country.
Article 4
The parties envisage the creation of the Venezuela-Francerancisco chair in Miranda" to disseminate culture, reform socio-political processes and restore historical reality in both countries; They also study the possibility of organizing activities based on the principles of integration and reciprocity in the relevant higher education institutions.
Article 5
For the purposes of the implementation of this Complementary Agreement, the parties designate as implementing bodies the Ministry of Higher Education and Research and the Ministry of Foreign and European Affairs, for the French Republic, and the Ministry of People's Power for Higher Education, for the Bolivarian Republic of Venezuela.
Article 6
The funding of activities and programmes implemented pursuant to this Supplementary Agreement shall be mutually agreed in accordance with the budgetary availability of the parties.
Article 7
The parties agree on specific programs based on areas and levels of training and agree to jointly select students in priority disciplines for their social and economic development.
Article 8
The parties agree to establish a student exchange program for the training of Venezuelan students in French higher education institutions (Annex 1), which is an integral part of this supplementary agreement.
Article 9
The parties are a working committee responsible for the application and evaluation of this Complementary Agreement and for identifying elements that warrant the development of relations in the field of higher education between the two countries.
This working group is composed of representatives of the implementing bodies and acts under the leadership of the Franco- Venezuelan Commission established by the framework agreement for cultural, scientific and technical cooperation signed by the two States.
Its representatives shall be appointed within thirty (30) days from the date of entry into force of this instrument.
Article 10
Any issues or disputes arising from the interpretation or application of this Complementary Agreement shall be resolved amicably by direct negotiations between the parties and through diplomatic channels.
Article 11
This Complementary Agreement may be amended by mutual agreement between the parties. The amendments come into force in accordance with the provisions of Article 12 relating to the entry into force of the supplementary agreement.
Article 12
This Complementary Agreement shall enter into force on the date of the last communication by which the parties notify themselves of the fulfilment of the respective formalities required for this purpose by the Constitution and national legislation. It shall be concluded for a period of five (5) years and may be extended for identical periods, unless one of the Parties communicate to the other, in writing and through diplomatic channels, its intention not to extend it, at least six (6) months before the date of its expiry.
Any Party may denounce this Supplementary Agreement by means of a written notification transmitted to the other Party through diplomatic channels. Denunciation takes effect six (6) months after receipt of the communication.
The denunciation of this Complementary Agreement shall not affect the course of the programmes and/or projects decided by the parties, which continue to be implemented, unless the parties agree otherwise.
Signed in Paris on 2 October 2008 in two original French and Spanish copies, both texts being equally authentic.
A N N E X E 1
EXCHANGE OF STUDITORS IN THE FRAMEWORK OF THE COMPLETED ACCORD-CADRE OF CULTURAL, SCIENTIFIC AND TECHNICAL COOPERATION IN THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND THE GOVERNMENT OF THE BOLIVARIAN REPUBLIC OF THE SALE
The purpose of this Program is to define the framework for a Venezuelan student training program in French public higher education institutions. The final objective of this program is to welcome a thousand students.
I. - For the purpose of carrying out and implementing this Cooperation Programme, the Government of the French Republic, through the Ministry of Education, Higher Education and Research, undertakes:
- to facilitate the procedures for entering French public institutions of higher education of Venezuelan nationals, by reserving them up to 1,000 places;
- to propose to Venezuelan students selected under this Agreement a language training plan prior to the commencement of their training in France;
― to cover in full the training costs of Venezuelan students in French public higher education institutions, under the same conditions as for French students;
- to cooperate with the Gran Mariscal Foundation of Ayacucho (hereinafter referred to as Fundayacucho) for the academic follow-up of these students;
― to use all legal mechanisms to avoid the permanent stay of students in France at the end of their studies.
II. - For the purpose of the realization and application of the object referred to in the first point of this Cooperation Programme, the Government of the Bolivarian Republic of Venezuela, through the Ministry of People's Power for Higher Education, represented by Fundayacucho, undertakes:
- to adopt the administrative and financial measures necessary to implement the language training plan developed jointly by the parties;
― to cover maintenance costs by means of a monthly basic allowance;
― to cover the tuition fees and social security of students;
– to achieve academic supervision and supervision of students.
III. - Both sides are committed to selecting students in priority disciplines for the social and economic development of the Bolivarian Republic of Venezuela.
IV. - The parties are prepared to work jointly through the Working Committee established by the supplementary agreement.
V. - The parties undertake to establish an academic council to study the curricula, programs and regulatory frameworks of both countries, in order to determine the equivalences of studies of Venezuelan students who are studying in France as part of this Programme.
A N N E X E 2
ACCORD-CADRE DE COOPÉRATION CULTURAL, SCIENTIFIQUE ET TECHNIQUE ENTRE LE GOUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE ET LE GOUVERNEMENT DE LA RÉPUBLIQUE DU VENEZUELA
The Government of the French Republic and the Government of the Republic of Venezuela,
Desirous of consolidating the friendly relations between the two countries;
Decided to encourage greater dissemination of their languages and cultures and to strengthen relations between the two countries in the fields of education, literature, science and the arts;
Desirous of laying the foundations for broader cultural, scientific and technical cooperation;
Aware of the common interest in promoting the economic and social development of the two nations;
Aware of the mutual benefits of the coordinated exchange of scientific and technical knowledge, with a view to achieving the above objectives,
The following provisions were agreed:
PART I
CULTURAL COOPERATION
Article 1
The Contracting Parties undertake to promote the development of language, literature and civilization education in the other country, in particular in secondary and university education and in the field of mass media, including radio and television.
Article 2
The Contracting Parties shall provide mutual assistance to promote the teaching of the language and culture of the other country, including by organizing training courses and sending teachers, researchers, assistants and students to the other country.
Article 3
Each of the Contracting Parties shall endeavour to develop scholarship programmes for students and researchers wishing to pursue studies or to develop in the other country.
Article 4
Each Contracting Party undertakes to encourage in its territory the functioning of cultural, educational and scientific institutions of the other Party. These institutions benefit from the widest facilities for their operation, within the framework of existing legislation in the country where they are established.
Article 5
The contracting parties encourage the study, research and teaching of the history, literature, music and popular arts and traditions of the other country. In addition, given the particular importance of archives, libraries and museums for the knowledge and study of their history and geography, Contracting Parties shall grant the researchers of the other Party the most favourable conditions of access under the existing regulations.
Article 6
The Contracting Parties shall facilitate the travels and missions of their teachers, researchers, scientists, scientists, writers, journalists, artists, athletes and other personalities who would be required to participate in meetings or seminars, at sporting competitions, to make lectures, to write or compose works, literary articles, journalistic works, exhibitions or to undertake similar activities in the cultural, artistic, scientific, historical, literary or sports fields of interest to the two countries.
Article 7
The Contracting Parties shall encourage the organization of concerts, exhibitions, theatrical performances and artistic events to promote their respective cultures.
Objects intended for exhibitions will be admitted temporarily, free of all import rights: it will be enough for the foreign ministry concerned to sponsor these exhibitions. If these objects were subsequently intended for sale, or other lucrative transactions, they would be subject to the payment of the corresponding fees.
Article 8
Contracting Parties shall facilitate the entry and dissemination in their respective territory of books, periodicals, magazines, catalogues and other cultural publications, photographic, film, musical works (in the form of scores or recordings), radio and television, works of art and their reproductions, from the other Party. The Contracting Parties agree to establish a procedure that determines the facilities of the above-mentioned objects to their entry into their respective territory, taking into account their exclusively cultural destination.
Article 9
Literary, artistic, scientific, film, radio or television works and other similar works, protected by the legislation of one of the Contracting Parties, shall be protected in the territory of the other Party, from the protection it affords on its own territory to the aforementioned works which are first disclosed in accordance with the international conventions and agreements that bind each of the two Parties.
Article 10
The Contracting Parties shall, within the framework of their regulations, agree on the facilities necessary to intensify relations between their respective official radio and television channels, through cultural, artistic, sporting and educational programmes.
Article 11
Contracting Parties shall endeavour to establish correspondence between diplomas and periods of study in France and Venezuela for further study in the other country.
Article 12
Contracting Parties shall endeavour to exchange publications. Each Party shall encourage the disclosure of works received.
PART II
SCIENTIFIC AND TECHNICAL COOPERATION
Article 13
The Contracting Parties agree to cooperate in all scientific and technical sectors of interest to both countries.
The Contracting Parties shall jointly develop and implement scientific and technical cooperation programmes and projects to accelerate and ensure economic development and social well-being.
Article 14
The scientific and technical cooperation provided for in this Agreement and the supplementary agreements derived from it may consist of:
(a) The exchange of technical and scientific information and documentation between the bodies designated by the Contracting Parties;
(b) The sending of technicians, teachers, scientists, researchers and experts to conduct teaching, counselling and assistance missions for the study, preparation and execution of specific programs and projects;
(c) Organization of lecture cycles, course programs and training and development seminars in all areas of common interest;
(d) The award of scholarships or internships to candidates from both countries, duly selected and designated to participate in the other country in research, courses or vocational training, training or specialization courses in areas of common interest;
(e) The joint or coordinated study, development and execution of research or development programmes and projects;
(f) The sending or exchange of equipment and equipment necessary for the development of such cooperation;
(g) The common use of scientific and technical facilities within the framework of previously concluded conventions;
(h) Any other scientific and technical cooperation activity agreed between the Contracting Parties.
Article 15
The exchange of scientific and technical information provided for in the preceding Article may be subject, at the request of one of the Parties, to particular conditions concerning the deletion or limitation of the dissemination of the information provided.
Article 16
Contracting Parties may, whenever they deem it necessary, seek, by mutual agreement, the participation of international bodies in the financing where, in the execution of programmes or projects developed under this Agreement or of the Supplementary Agreements attached to it under Article 18 below.
Article 17
All personnel responsible for a cooperation mission under this Agreement must, in advance, have received the approval of the competent authorities of the requesting country. In carrying out their mission, as defined by mutual agreement, these personnel receive their instructions from the authorities of the host organization.
PART III
COMMON PROVISIONS
Article 18
Specific programmes and projects for scientific and technical cooperation and cultural exchanges shall be carried out in accordance with the provisions of this Agreement and possibly through supplementary agreements, which shall specify, inter alia, the objectives of these programmes and projects and their method of financing, the working schedules and the obligations of each Contracting Party. These Comprehensive Agreements have been prepared between the competent bodies designated by the two Parties.
Article 19
It is up to the competent authorities of each Party to plan and coordinate, in accordance with existing legislation, the implementation of the activities provided for in this Agreement and in the Supplementary Agreements concluded pursuant to it and to do so.
Rule 20
Teachers, experts and technicians from one of the Parties, seconded to public bodies or academic institutions of the other Party, shall be paid at least equal to that received by local staff at the same level. Volunteers of the French national active service remain subject to a particular regime.
Article 21
1. A joint commission of France and Venezuela alternately based in Paris and Caracas is responsible for following the implementation of this agreement.
Its purpose is to:
(a) Determine and define sectors where specific programmes and projects for cultural exchanges and scientific and technical cooperation can be carried out by prioritizing them;
(b) To propose, appreciate and recommend specific programmes and projects for cultural exchanges and scientific and technical cooperation;
(c) To evaluate, for greater efficiency, the results of specific projects carried out under this Agreement.
2. Each Party may present at any time proposals for cultural exchanges and scientific and technical cooperation, using ordinary diplomatic channels. Each Party may, in the same way, propose special meetings to consider a particular theme.
Article 22
The Contracting Parties shall facilitate the customs-free importation of objects from the other party as part of the cultural, scientific and technical cooperation provided for in this Agreement.
Objects imported free of charge, in accordance with the preceding paragraph, may only be alienated in the territory of the other Party under the conditions established by the competent authorities of that territory.
Article 23
The Contracting Parties shall take measures to facilitate the entry, stay and movement of nationals of the other party who carry out activities under this Agreement and, possibly, supplementary agreements, taking into account the provisions of existing legislation on the situation of aliens.
The Contracting Parties shall facilitate administrative procedures for the issuance of visas and for the completion of customs and tax formalities.
Article 24
The Contracting Parties shall grant facilities, within the framework of their internal regulations, to the teachers, experts and technicians of the other Party exercising their activities under this Agreement for the Import of their Personal Effects and Furniture and for the Temporary Importation of their Personal Car.
Rule 25
Each of the Contracting Parties shall grant to teachers, experts and technicians sent to its territory by the other Party, pursuant to this Agreement, the exemption of taxes on the share of their remuneration paid by the Government which sends them. The right to impose this part is reserved for this Government. The Contracting Parties also authorize, within the framework of the regulations in force, the repatriation in their countries of origin of the remuneration collected by teachers, experts and technicians, as well as the repatriation of the stamps of the artists who participated in the events organized under Article VII and copyright and executor.
Rule 26
The Contracting Parties shall stop the necessary measures, within the framework of existing legislation, to facilitate in tax matters the establishment and operation of the establishments provided for in Article IV of this Agreement.
Rule 27
Disputes between Contracting Parties relating to the interpretation or execution of this Agreement shall be resolved by peaceful means recognized by international law.
Rule 28
1. Each Contracting Party shall notify the other of the fulfilment of the formalities required by its Constitution for the ratification of this Agreement. The latter comes into force on the date of the last notification.
2. It may be revised by mutual agreement or denounced by either Party at any time. In case of denunciation, the effects cease six months after the date of receipt of the notification of denunciation.
3. The denunciation referred to in the preceding paragraph does not affect the continuation of the ongoing projects or the implementation of the complementary agreements that have been established in accordance with Article XVIII of this Agreement.
Done in Caracas, on 15 November 1974, in duplicate, in French and Spanish, both texts being equally authentic.
For the Government
of the French Republic:
André Rodocanachi,
Ambassador Extraordinary
Plenipotentiary
For the Government
of the Republic of Venezuela:
Efrain Schacht Aristeguieta,
Minister of External Relations
Done on November 21, 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 French Republic:
Bernard Kouchner,
Minister
Foreign Affairs
and European
For the Government
of the Bolivarian Republic of
of Venezuela:
Nicolas Maduro,
Minister of People ' s Power
External Relations
