Key Benefits:
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. 2014-546 of 28 May 2014 authorizing the approval of the agreement between the Government of the French Republic and the Consortium of International Agricultural Research Centres relating to the headquarters of the Consortium and its privileges and immunities on French territory;
Vu la Act No. 2014-547 of 28 May 2014 authorizing the approval of the agreement establishing the Consortium of International Agricultural Research Centres as an international organization;
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 Consortium of International Agricultural Research Centres on the headquarters of the Consortium and its privileges and immunities on the French territory (all three annexes), signed in Montpellier on 4 March 2013, will be published in the Official Journal of the French Republic.
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.
AGREEMENT
BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE CONSORTIUM OF THE INTERNATIONAL CENTERS OF AGRICOLE RESEARCH RELATING TO THE CONSORTIUM ISSUES AND PRIVILEGES AND IMMUNITIES ON THE FRENCH TERRITORY (ENSEMBLE TROIS ANNEXES), SIGNED TO MONTPELL
The Government of the French Republic, and
International Agricultural Research Centre Consortium,
The following is referred to as the "Parties",
Considering the Agreement establishing the Consortium of International Agricultural Research Centres as an International Organization, signed in Montpellier on 13 September 2011;
Considering that the Consortium of International Agricultural Research Centres has chosen to establish its headquarters in France;
The following agreed:
Article 1
The Consortium of International Agricultural Research Centres, referred to as the "Organization", is authorized to establish its headquarters in France, for the purposes of its activity, with the exception of the residential premises of its staff.
The headquarters of the Organisation is located in Montpellier.
Article 2
The Organization enjoys civil personality in the French territory. In particular, it has the capacity to contract, acquire and dispose of the furniture and real estate necessary for its activities. She can stand trial.
Article 3
The Organization's seat is inviolable. French officials or officials may only enter the position to perform their duties with the consent of the Director General of the Organization.
However, the Director General's consent is presumed to be acquired in the event of fire or other claims requiring immediate protection.
The Organization does not allow its headquarters to serve as a refuge to a person prosecuted as a result of a flagrant crime or offence, or subject to a warrant of justice, a criminal conviction or an expulsion order issued by the French authorities.
Article 4
The competent French authorities shall take the necessary measures to protect the premises of the Organization's headquarters and to maintain order in their immediate vicinity.
Article 5
1° The Organization shall enjoy immunity from jurisdiction, except in cases:
(a) A civil action brought by a third party in respect of damage resulting from an accident caused by a motor vehicle owned or used on behalf of the Organization or an offence to regulate the movement of self-propelled vehicles involving such a vehicle;
(b) Reconventional action;
(c) An action relating to a tax or customs obligation.
2° The Organization may expressly waive its immunity from jurisdiction in a particular case.
Article 6
1° The property and assets of the Organization are free from seizure, confiscation, requisition and expropriation or any other form of administrative or judicial restraint.
2° The provisions of the preceding paragraph do not apply:
(a) If such measures are provisionally necessary for the purpose of preventing accidents involving motor vehicles owned or used on behalf of the Organization and for the purpose of investigating such accidents;
(b) If the measures result from a civil action brought by a third party in respect of damage resulting from an accident caused by a motor vehicle owned or used on behalf of the Organization, or an offence to regulate the movement of self-propelled vehicles involving such a vehicle;
(c) In the event of a final and binding decision made pursuant to Article 21 relating to the settlement of disputes in contractual matters; or
(d) In the event of any action relating to a tax or customs obligation of the Organization or of the members or former members of its staff, the provisions of this Article shall not prevent the measures necessary to safeguard the rights of the French public treasury in the event that the tax or customs obligations of the Organization or of the members or former members of its staff are not complied with.
Article 7
1° The Organization is required to provide insurance to cover any obligations that may arise from its activities or those of its staff who are legally responsible.
2° The Organization shall be deemed to have waived its jurisdictional and enforcement immunities if it cannot justify, in the event of a particular injury, the subscription of insurance in accordance with paragraph 1 of this article.
Article 8
The archives of the Organization and, in general, all official documents belonging to it or held by it in any form are inviolable wherever they are.
Article 9
The inviolability of the official correspondence of the Organization is guaranteed.
Article 10
1° Under the conditions provided by the regulations in force in each State, the Organization may:
(a) Receive and hold funds and currencies of any kind and have accounts in any currency and country;
(b) Free transfer of funds and currencies within French territory, from France to another country and vice versa.
2°In the exercise of the rights granted to it under this article, the Organization shall take into account any representations made to it by the Government of the French Republic.
Article 11
As part of its official activities, the Organization, its assets, revenues and other assets are exempt from any direct tax. However, the exemption does not relate to fees paid for services rendered.
However, this exemption does not apply to any commercial activities of the Organization.
Article 12
1° The acquisitions and leases of buildings carried out by the Organization for its administrative and technical operation are exempt from the right to register and tax on land advertising.
2° Insurance contracts under the Organization's official activities are exempt from the special tax on insurance agreements. However, this exemption does not apply to any commercial activities of the Organization.
Article 13
1° The Organization shall bear, under conditions of common law, the impact of taxes on turnover that enter into the price of goods sold or services rendered.
2° However, taxes on turnover, and in particular, the value-added tax, collected for the benefit of the State budget and related to important purchases of furniture or services for the administrative, scientific and technical functioning of the Organization, as well as to the publication of publications corresponding to its mission, will be subject to reimbursement or exemption under conditions agreed with the competent French authorities.
Article 14
1° The acquisitions of administrative, technical and scientific materials necessary for the operation of the Organization, as well as the publications corresponding to its mission, are carried out as an exemption from fees and/or taxes.
2° Articles in the categories of goods referred to in the preceding paragraph are also exempted from the import and export of any prohibition or restriction measures. However, they remain subject to reporting obligations and regulatory standards.
Article 15
Goods acquired pursuant to Articles 13 and 14 may only be subject to a free or expensive assignment or loan in French territory under conditions previously approved by the competent French authorities.
Article 16
1° The Government of the French Republic authorizes, unless there is a public policy barrier, without a visa charge, the entry and stay in France for the duration of their duties or missions to the Organization:
(a) Staff of the Organization as defined in Annex B to this Agreement;
(b) Minor spouses and children living in their homes with staff of the Organization;
(c) Advisors and experts on mission to the Organization.
2°The persons referred to in the preceding paragraph are not exempt from the application of the quarantine or public health regulations in force.
Article 17
1° The staff of the Organization defined in Annex B to this Agreement shall be entitled to:
(a) Even after they ceased to be in the service of the Organization, immunity from jurisdiction for the acts performed by them in the performance of their duties and in the strict limit of their powers. This immunity does not apply in the event of a violation of the regulation of road traffic committed by a member of the Organization's staff or damage caused by a vehicle owned or driven by it;
(b) A special residence permit issued by the competent French authorities, for themselves, their spouses and minor children;
(c) Same facilities with respect to foreign exchange regulations as those granted to diplomatic agents;
(d) In times of international tension, repatriation facilities granted to members of diplomatic missions. Their spouses and their dependent families will benefit from the same facilities.
2° They also enjoy the right to openly import their furniture and personal belongings in the course of use during the establishment of their normal residence in France.
3° The staff members referred to in items 1° and 2° of Appendix B are entitled to imports on suspension of duty and taxes for a motor vehicle.
Article 18
Advisors and experts on mission to the Organization shall enjoy in the territory of the French Republic during the performance of their duties or the performance of their duties as during their journeys to or from the place of the mission the following privileges and immunities:
(a) Immunity of jurisdiction, even after the end of their mission, for the acts performed by them in the performance of their duties and within the strict limits of their powers. Such immunity from jurisdiction shall not apply in the event of a violation of the regulation of road traffic committed by one of the persons referred to in this section or damage caused by a vehicle owned or driven by it;
(b) Immunity of arrest or detention, except in cases of flagrante delicto punishable by imprisonment of at least two years;
(c) Inviolability of all official documents and documents;
(d) Same facilities with respect to foreign exchange regulations as those granted to diplomatic agents.
Article 19
In the event that the Organization would establish its own system of foresight for all risks covered by social security or join the system of another organization, it would, as well as its Director General and the staff members defined in Annex B, be free from mandatory contributions corresponding to the French social security regime, subject to agreements to be concluded with the French Government in accordance with the provisions of Article 28.
Rule 20
1° Members of the Organization's staff set out in Appendix B are subject to tax for the benefit of the Organization on salaries and emoluments paid to them. From the date of application of this tax, these wages and emoluments are exempt from the French income tax; However, these wages and emoluments are taken into account by France in calculating the amount of tax on income from other sources, subject to French tax.
2° The provisions of the preceding paragraph do not apply to pensions and annuities paid by the Organization to former staff members.
3° The French authorities, together with the authorities of the States concerned, will endeavour to resolve the cases of double taxation of salaries and emoluments concerning foreign officials made available to the Organization.
Article 21
1° The Organization shall make appropriate arrangements for the judicial settlement of disputes that may arise between the Organization and staff members, on the occasion of their working relations, by waiving its immunity from jurisdiction or by referring to the establishment of an external, independent and impartial tribunal to ensure a possible appeal for staff.
2° Without prejudice to the provisions of Article 5 of this Agreement, the Organization is obliged to enter into contracts with any other person to whom it is a party, subject to the status of its contracting partner or matters for which it cannot be used to arbitration under French law, a arbitration clause providing that any dispute relating to the interpretation or performance of the contract may, at the request of either party, be subject to the arbitration.
3° The Organization shall take all necessary measures to settle disputes:
(a) Born from the contracts which it has passed and for which it cannot be used to arbitration;
(b) A criminal nature in which she is involved;
(c) In which is involved one of the persons referred to in Articles 17 and 18 who enjoy immunity because of their functions, provided that this immunity has not been waived by application of Article 25.
Article 22
Each year, the Organization shall communicate to the competent French authorities the names and addresses of the personnel defined in Annex B to this Agreement. It is required to issue to each of them an annual certificate indicating the amount of remuneration of any kind paid to them for each year with the details and nature of these payments. It is subject to the same obligations with respect to former staff members for pensions, rents or any other amount paid to them.
Article 23
The Director General of the Organization shall, at any time, cooperate with the competent French authorities to facilitate the proper administration of justice, to ensure compliance with police regulations and to avoid any misuse of privileges and immunities, exemptions and facilities listed in this Agreement.
Article 24
The Government of the French Republic is not required to grant to its nationals or permanent residents in France the privileges and immunities mentioned in articles 17 (paragraphs 1 (b), (c) and (d), paragraphs 2, 3) and 18 (paragraph (d).
Rule 25
The privileges and immunities provided for in this Agreement shall be granted to their beneficiaries, not their personal benefit, but in the interest of the proper functioning of the Organization. The Member States of the Organization and the Organization shall have the right and duty to lift the immunity of beneficiaries in cases where it may be lifted without prejudice to the interests of the Organization. In respect of the Director General, the Board of Directors of the Organization has the capacity to adjudicate immunities.
Rule 26
The provisions of this Agreement shall in no way affect the right of the Government of the French Republic to take such measures as it considers useful to the security of France and to the safeguarding of public order.
Rule 27
Any dispute that may arise between the Parties with respect to the interpretation or application of this Agreement and that could not be settled by negotiation is, unless the Parties otherwise have, subject to arbitration in accordance with the provisions of Annex C, at the request of one of them. Any questions relating to the statutes, objectives, activities, powers and functioning of the Organization shall be settled by reference to the Agreement establishing the Consortium of International Agricultural Research Centres as an international organization and the annexed Constitution.
Rule 28
Parties may enter into supplementary agreements specifying or supplementing the provisions of this Agreement.
Rule 29
Annexes A, B and C are an integral part of this Agreement.
Rule 30
Each Party shall notify the other of its approval of this Agreement, which shall enter into force thirty days after the date of receipt of the last notification.
Done in Montpellier on 4 March 2013, in double copy.
For the Government of the French Republic:
Sujiro Seam
Deputy Director of Global Public Assets Ministry of Foreign Affairs
For the International Agricultural Research Centre Consortium:
Carlos Pérez del Castillo
Chairman of the Consortium
ANNEX A
The buildings that house the Organization's French headquarters are:
- located in Agropolis International, avenue Agropolis, 34394 Montpellier Cedex 5.
This annex may, as necessary, be amended by an agreement between the Government of the French Republic and the Organization, in particular in the event that the latter is to settle in other premises.
Annex B
The staff of the Organization employed at the headquarters of the Organization shall include the contracted agents employed by the Organization on a continuous basis and for a period of at least one year.
It is divided into the following categories:
1° The Director General of the Organization and the members of the Board of Directors.
2° Organization officials, i.e. persons other than the Director General or members of the Board of Directors, responsible for responsibilities, in the areas specific to the administrative or technical activities of the Organization.
3° Researchers from other Organization member centres who have been detached from or made available to the Organization for a period of more than one year and paid directly by the Organization.
4° Administrative or technical performance personnel appointed by the Director General.
5° Service staff, i.e. persons assigned to the domestic service of the Organization, excluding staff assigned to the service of a staff member of the Organization.
ANNEX C
Arbitration
1° Unless otherwise provided by the Parties of the dispute, the arbitration procedure shall be conducted in accordance with the provisions of this annex.
2° The arbitral tribunal is composed of three members, one appointed by the Government of the French Republic, the other appointed by the Organization, and the third, who presides over the tribunal, with mutual agreement by the two arbitrators. The latter may not be an agent or a former agent of the Organization.
The introductive request for a proceeding must include the name of the arbitrator designated by the requesting Party, the respondent Party to communicate to the other Party the name of the arbitrator that it has designated within two months of the receipt of the request. If it fails to have made this notification within the time limit above or by the two arbitrators to agree on the choice of a third arbitrator, within two months of the last appointment of arbitrator, the arbitrator or the third arbitrator, as the case may be, shall be designated by the Secretary General of the Permanent Court of Arbitration, within two months at the request of the most diligent Party.
3° The decisions of the arbitral tribunal shall bind the Parties. These support the costs of the arbitrator they have assigned and share the other costs. On the other points, the court rules its procedure itself.
Done on September 4, 2014.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
