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Decree No. 2014-441 On April 29, 2014, On The Publication Of The Agreement Between The Government Of The French Republic And The Government Of The Federative Republic Of Brazil In The Field Of The Fight Against Gold Mining Illegal...

Original Language Title: Décret n° 2014-441 du 29 avril 2014 portant publication de l'accord entre le Gouvernement de la République française et le Gouvernement de la République fédérative du Brésil dans le domaine de la lutte contre l'exploitation aurifère illégal...

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Keywords

BUSINESS , INTERNATIONAL AGREEMENT , BILATERAL AGREEMENT , FRANCE , BRAZIL , ORPAILLAGE , ACTIVITY , ILLEGAL AIR , LUTTE , ZONE PROTEGEE , ZONE D'INTERET PATRIMONIAL


JORF no.0102 of 2 May 2014 page 7545
text No. 2



Decree No. 2014-441 of 29 April 2014 on the publication of the agreement between the Government of the French Republic and the Government of the Federal Republic of Brazil in the field of combating illegal gold mining in protected areas or of heritage interest, signed in Rio de Janeiro on 23 December 2008 (1)

NOR: MAEJ1409122D ELI: https://www.legifrance.gouv.fr/eli/decret/2014/4/29/MAEJ1409122D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2014/4/29/2014-441/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2011-856 of 20 July 2011 authorizing the approval of the agreement between the Government of the French Republic and the Government of the Federal Republic of Brazil in the area of combating illegal gold mining in protected areas or of heritage interest;
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. 2000-940 of 18 September 2000 publishing the mutual legal assistance agreement in civil matters between the Government of the French Republic and the Government of the Federal Republic of Brazil, signed in Paris on 28 May 1996;
Vu le Decree No. 2008-71 of 22 January 2008 issuing the partnership and cooperation agreement between the Government of the French Republic and the Government of the Federal Republic of Brazil on public security signed in Brasilia on 12 March 1997,
Decrete:

Article 1


The agreement between the Government of the French Republic and the Government of the Federal Republic of Brazil in the field of combating illegal gold mining in protected areas or of heritage interest, signed in Rio de Janeiro on 23 December 2008, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.

  • Annex



    A C C O R D


    BETWEEN THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND THE GOVERNMENT OF THE FÉDÉRATIVE REPUBLIC OF BRAZIL IN THE FIELD OF THE FUTURE CONTROL OF AURIVE EXPLOITATION IN THE PROTECTED ZONES OR PATRIMONIAL INTEREST
    The Government of the French Republic and the Government of the Federal Republic of Brazil,
    The following is called "Parties",
    Desirous of contributing to the protection and conservation of the environmental heritage of the Guyana Plateau, including through a strengthened partnership between the management bodies of the Brazilian and French national parks;
    Aware of the threats posed by illegal gold mining on the one hand to the preservation and protection of environmental heritage and, on the other, to the health and safety of populations traditionally firing their livelihoods from the forest;
    Referring to the Convention on Mutual Assistance in Criminal Matters between the Government of the French Republic and the Government of the Federal Republic of Brazil signed in Paris on 28 May 1996;
    Referring to the Agreement on Partnership and Cooperation between the Government of the French Republic and the Government of the Federal Republic of Brazil on Public Security concluded in Brasilia on 12 March 1997;
    Recognizing the need to develop their cooperation in the prevention and suppression of illegal gold mining,
    The following provisions were agreed:


    Article 1
    Definitions


    For the purposes of this Agreement:
    (a) "Protected areas or heritage interests": territories classified as a national park and the border territories of Guyana and Amapá State, located in a strip of 150 km from the border, subject to identification, protection or conservation measures of ecosystems and natural habitats;
    (b) "gold research and extraction activities", any activity of extracting gold from the natural environment, by any means;
    (c) "title for gold research and exploitation": administrative authorization conferring exclusive rights on a specified territory.


    Article 2
    Subject


    The purpose of this Agreement is to strengthen cooperation between Parties in the prevention and suppression of illegal gold mining activities in protected areas or of heritage interest.


    Article 3
    National regulations and preventive measures


    1. Parties undertake to establish and implement a comprehensive internal regime for the regulation and control of gold research and exploitation activities conducted in protected areas or of heritage interest under their respective jurisdictions.
    2. To this end, each Party undertakes to:
    (a) subject to prior administrative authorization gold research and exploitation activities;
    (b) subject to administrative authorization the exercise of unprocessed gold trading activities, including sales and resale activities;
    (c) submit companies that market granulometry tables (broyers and mills) or mercury to report on their activities to the relevant administrative authorities.
    3. Parties undertake to subject to prior administrative authorization the exercise in their territory of the profession of fluvial carrier of persons or goods on the Oyapock River basin. The Parties shall ensure that this authorization is issued only to the operators of vessels registered with the relevant administrative authorities.
    4. The Parties define in their domestic law the material, financial and professional guarantees to which they are subject to the prior authorization for the exercise of a gold research and exploitation activity. These guarantees must provide for conditions to ensure a technically correct and environmentally friendly gold operation.
    5. The Parties shall ensure that management companies and contractors operating a gold mining deposit on their respective territories are required to maintain a record of monitoring gold inputs and outputs and equipment used for technical activities.
    6. Parties shall ensure that companies and contractors that market granulometry or mercury tables, or engage in unprocessed gold trading activities, including sales and resale activities, are required to maintain a transaction log.
    7. Parties shall ensure that the records referred to in paragraphs 5 and 6 are made available to the competent national authorities and that such authorities may consult on request.


    Article 4
    Criminal measures


    1. The Parties shall ensure that, in accordance with their respective legislation, the measures necessary to prevent and suppress the following activities:
    (a) any illegal operation in protected areas or heritage interests;
    (b) any transport, detention, sale or disposal of mercury, carried out without authorization or in violation of the conditions imposed by national legislation;
    (c) any unprocessed gold trading activity without authorization, including sales and resale activities.
    2. Parties shall ensure that the offences referred to in paragraph 1 are punished in accordance with their respective national legislation and in the context of bilateral judicial cooperation in criminal matters.
    3. Parties shall ensure that, in accordance with their respective national legislation, the necessary measures are implemented to enable:
    (a) seizure and confiscation of proceeds of offences established in accordance with paragraph 1;
    (b) the seizure, confiscation and, at the last instance, the destruction of property, equipment and instruments used to commit the offences established in accordance with paragraph 1 on operating sites or during their carriage in protected areas or in heritage interests.
    4. The Parties shall adopt, in accordance with the fundamental principles of their domestic law, the procedural tools to effectively combat the offences referred to in paragraph 1.


    Article 5
    Cooperation arrangements


    1. The Parties undertake to cooperate in defining the eligible methods and common standards required for gold research and exploitation.
    2. To this end, the Parties shall cooperate to establish and develop joint professional training for the benefit of French and Brazilian companies involved in gold research and exploitation activities in protected areas or heritage interests.


    Article 6
    Relations with other bilateral agreements


    1. The Parties shall ensure that the widest possible judicial cooperation is mutually agreed, in accordance with the Convention on Mutual Legal Assistance in Criminal Matters between the Government of the French Republic and the Government of the Federal Republic of Brazil, signed in Paris on 28 May 1996, in any procedure for the offences referred to in paragraph 1 of Article 4.
    2. The provisions of the Agreement on Partnership and Cooperation between the Government of the French Republic and the Government of the Federal Republic of Brazil, signed in Brasilia on 12 March 1997, are applicable to cooperation relating to the offences referred to in Article 4, paragraph 1.


    Article 7
    Entry into force


    1. This Agreement shall enter into force thirty (30) days after the second notification of the fulfilment of the legal procedures required by the domestic law of each Party.
    2. This Agreement shall be concluded for an indefinite period.


    Article 8
    Settlement of disputes


    Any dispute that may arise in the interpretation or implementation of this Agreement shall be settled by direct negotiation between the Parties through diplomatic channels.


    Article 9
    Denunciation and amendments


    Each Party may at any time denounce this Agreement by giving the other a notification of denunciation by diplomatic means. The denunciation shall take effect six months after the date of receipt of the notification.
    Done in Rio de Janeiro on 23 December 2008, in two original copies, in French and Portuguese, both texts being equally authentic.


    For the Government
    of the French Republic:
    Bernard Kouchner
    Minister for Foreign Affairs
    and European
    For the Government
    of the Federal Republic of
    Brazil:
    Celso Amorim
    Minister
    External Relations


Done on April 29, 2014.


François Hollande


By the President of the Republic:


The Prime Minister,

Manuel Valls

Minister for Foreign Affairs

and International Development,

Laurent Fabius

(1) This Agreement entered into force on 16 February 2014.
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