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Order No. 2014 - 1555 22 December 2014 On The Merger Of The French International Investment Agency And Ubifrance, French Agency For International Business Development

Original Language Title: Ordonnance n° 2014-1555 du 22 décembre 2014 portant fusion de l'Agence française pour les investissements internationaux et d'UBIFRANCE, Agence française pour le développement international des entreprises

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Summary

Implementation of the Constitution, including article 38. Amendment of Act No. 2003-721 of 1 August 2003 amended for the economic initiative: amendment of section 50.

Keywords

BUSINESS , ARTICLE 38 , FRANCAISE AGENCE FOR INTERNATIONAL INVESTMENT , UBIFRANCE , FUSION , FRANCAISE AGENCE FOR INTERNATIONAL DEVELOPMENT

Legislative records




JORF no.0297 of 24 December 2014 page 21821
text No. 11



Order No. 2014-1555 of 22 December 2014 merging the French Agency for International Investments and UBIFRANCE, French Agency for International Business Development

NOR: MAEX1428225R ELI: https://www.legifrance.gouv.fr/eli/ordre/2014/12/22/MAEX1428225R/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/ordre/2014/12/22/2014-1555/jo/texte


President of the Republic,
On the report of the Prime Minister, the Minister for Foreign Affairs and International Development and the Minister of Economy, Industry and Digital,
Having regard to the Constitution, including article 38;
Considering the general tax code;
Having regard to the Administrative Justice Code, including its article R. 123-20;
Considering the national service code;
Considering the tourist code;
Having regard to Act No. 83-675 of 26 July 1983 on the democratization of the public sector;
Having regard to amended Act No. 2001-420 of 15 May 2001 on new economic regulations, in particular article 144 of the Act;
Having regard to Act No. 2003-721 of 1 August 2003 amended for the economic initiative, including Article 50;
Having regard to Act No. 2014-1545 of 20 December 2014 on the simplification of business life, including Article 46 of the Law;
Considering the opinion of the French Agency's Corporate Committee for International Investments dated 20 November 2014;
Considering the opinion of the UBIFRANCE Business Committee, Agence française pour le développement international des entreprises, dated 20 November 2014;
The State Council (Finance Section) heard;
The Council of Ministers heard,
Order:

Article 1 Learn more about this article...


At the date of entry into force of this Order, all the rights, property and obligations of the French Agency for International Investments are transferred to the agency referred to in section 50 of the above-mentioned Act of 1 August 2003. This transfer is made free of charge and does not give rise to any contribution under section 879 of the General Tax Code or to the collection of taxes, duties or taxes of any kind.
On that same date, section 144 of the above-mentioned Act of 15 May 2001 is repealed.

Article 2 Learn more about this article...


Section 50 of the Act of 1 August 2003 referred to above is replaced by the following provisions:


"Art. 50.-I.-The agency governed by the provisions of this Article, and designated as "the agency", is responsible for promoting the international development of companies established in France and promoting the attractiveness of the national territory and French exports. This agency is a national industrial and commercial public institution under the supervision of the Minister for Foreign Affairs, the Minister for Economics and the Minister for Land Management.
"The agency contributes to the implementation of public policies to promote the internationalization of the French economy by:


"-favoring the international development of companies in France and their exports. To this end, it carries out or coordinates, inter alia, all information, training, promotion, support, technical, industrial and commercial cooperation. It manages and develops international volunteerism;
"-valued and promoting the attractiveness of France, its businesses and its territories. To this end, it carries out activities such as prospecting, hosting and accompanying international investors;
"-proposing the state and implementing a strategy of communication and influence aimed at developing France's image internationally.


"It carries out these missions in partnership with local authorities and for business.
"The unique chapter of title I of Book II of the Tourism Code is not applicable to the agency.
"II.-The agency is administered by a Board of Directors and headed by a Director General.
"By derogation from section 5 of Act No. 83-675 of 26 July 1983 on the democratization of the public sector, the board of directors of the agency is composed of:
« 1° A member and a senator;
« 2° State representatives;
« 3° Representatives of the regions;
« 4° Representatives of professional organizations and consular networks;
« 5° Qualified figures in international economic development;
« 6° Representatives of staff elected under the conditions set out in Chapter II of Title II of the Act of 26 July 1983 referred to above.
"III.-To carry out its missions, the agency includes services in France and offices abroad. These offices are part of diplomatic missions. With the agreement of its trustees, where it does not have offices, the agency may enter into contracts to entrust the management of part or all of its missions to third parties. It can use antennas hosted within the international network of ministries responsible for the economy and finance.
"For the performance of its missions, the agency relies on agreements concluded in particular with territorial authorities and economic actors.
"IV.-The agency's staff consists of employees of French private law, agents governed by the status of the staff of the French Centre for Foreign Trade, local law employees in its offices abroad and volunteers under Article L. 120-1 of the National Service Code. It may include civil servants or military personnel placed in a position consistent with their status.
"V.-The agency's resources include sales of its products, remuneration of its services, royalties for service rendered, participations and financial investments, interest and repayments of loans and advances, incomes of the movable and immovable property and products of their alienation, the endowments of the State, subsidies and contributions of administration, international and European organizations, of private territorial and territorial bodies
"VI.-The conditions for the application of this article are set by decree. »

Article 3 Learn more about this article...


On the effective date of this order, the agency referred to in section 50 of the Act of 1 August 2003 referred to in its drafting pursuant to this Order shall substitute for the French Agency for International Investments as an employer of the personnel who have previously entered into a contract of private law or public law.
Civil officials or military personnel placed in a position consistent with their status with the French Agency for International Investment remain in this position with the agency referred to in section 50 of the above-mentioned Act of 1 July 2003.
Collective agreements and agreements applicable to the agency referred to in section 50 of the Act of 1 July 2003 referred to in force before the effective date of this Order apply to all employees of that agency after that date.
After the same date, the staff of the French Agency for International Investments remain, and as a transitional measure, governed by the collective agreements and agreements that were applicable to them before that date, until an adaptation agreement comes into force and no later than fifteen months after that date.
Staff members governed by the status of the French Centre for Foreign Trade continue to benefit from the provisions of this statute.
A contract governed by the Labour Code shall be proposed by the staff holding a public law contract, which has been entered into prior to the effective date of this order. This contract incorporates the substantive clauses of the contract that are held by officers, especially those relating to remuneration. The officers concerned have a period of three months to accept the amendments to their proposed contract. In the event of a refusal, the agency referred to in section 50 of the Act of 1 July 2003 referred to above shall terminate them under the conditions provided for by the laws applicable to them.
The board of directors of the agency referred to in section 50 of the above-mentioned Act, composed in accordance with this section in its drafting of this order, shall meet within four months of the publication of the decree referred to in section 5. The terms of reference of the appointed directors and, by derogation from Article 12 of the above-mentioned Act of 26 July 1983, those of the representatives of the employees elected prior to the publication of this order shall end in full right at the date of the first meeting.

Article 4 Learn more about this article...


In all existing legislation, references to UBIFRANCE, Agence Française pour le Développement International des entreprises, and to the Agence Française pour les investissements internationaux are replaced by the reference to the agency referred to in section 50 of the aforementioned Act of 1 August 2003.
The provisions of this Order come into force on January 1, 2015.

Article 5 Learn more about this article...


A decree sets the conditions for the application of this order.

Article 6 Learn more about this article...


The Prime Minister, the Minister for Foreign Affairs and International Development, the Minister of Economy, Industry and Digital Affairs, the Minister of Housing, Land Equality and Rural Affairs and the Secretary of State for Foreign Trade, Tourism Promotion and French Foreigners are responsible, each in respect of this order, for the application of this Order, to be published in the Official Journal of the French Republic.


Done on 22 December 2014.


François Hollande

By the President of the Republic:


The Prime Minister,

Manuel Valls


Minister for Foreign Affairs and International Development,

Laurent Fabius


Minister of Economy, Industry and Digital,

Emmanuel Macron


Minister of Housing, Land Equality and Rurality,

Sylvia Pinel


State Secretary for Foreign Trade, Tourism Promotion and Foreign French,

Matthias Fekl


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