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 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 United Nations Organization on the provision for reimbursement of goods and services in support of MINUSCA operations in the Central African Republic (a consolidated annex), signed in New York on 24 July 2014, 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 UNITED NATIONS BODY RELATING TO THE FOURNITURE CONTROL OF BIENDS AND SERVICES IN SUPPORT TO THE OPERATIONS OF MINUSCA IN REPUBLIC CENTRAFRICA (ENSEMBLE ANNEX), SIGNED TO NEW YORK on 24 JULY 2014
The Government of the French Republic, on the one hand, and the United Nations, on the other hand, hereafter referred to as the "Parties";
Bearing in mind Security Council resolution 2149 of 10 April 2014 establishing a United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) and deciding on the transfer to MINUSCA on 15 September 2014 of the authority of the African-led International Support Mission in the Central African Republic (MISCA), established by Council resolution 2127 (of 5 December 2013);
Considering that, by resolution 2149 (2014) above, the Security Council requested the Secretary-General, as indicated in paragraph 24, to take all possible measures, including by fully using existing powers, and at its discretion, to expedite the deployment of the civilian and military capabilities of MINUSCA in a manner that best meets the expectations of the Council and the needs of the Central African Republic and requests it to take the necessary measures, in accordance with operational paragraphs 18 and 20 of the resolution referred to it,
Desirous of establishing a framework for the terms and conditions under which the Government of the French Republic, at the request of the United Nations, provides its support for the provision of logistical support to MINUSCA, in accordance with Council resolution 2149 (2014), and subject to reimbursement by the United Nations;
The following agreed:
Article 1
Provision of logistical support services
1. In order to provide assistance to the United Nations in the provision of logistical support to MINUSCA and in accordance with the terms of this Agreement, the Government of the French Republic, at the written request of the United Nations, may provide to the United Nations, for the sole benefit of MINUSCA, certain goods, services and works, including, without limitation, those listed in the attached list (i.e. logistical support services).
2. The Parties agree that the list of logistical support services, referred to in Article 1.1 above, is provided for purely indicative purposes and cannot be construed as a commitment on the part of the Government of the French Republic to provide such logistical support or as a commitment on the part of the United Nations to solicit such logistical support from the Government of the French Republic.
3. The provision of logistical support services will be subject to Letters of attribution issued by authorized representatives of the United Nations and the Government of the French Republic and will be subject to the Financial Regulations and Rules of the United Nations, established procedures and this Agreement.
4. The Letters of attribution will set out the detailed terms, provisions and procedures governing the provision of logistical support services, including a precise description of logistical support services, terms and conditions of payment and delivery, as well as other terms and conditions governing the provision of logistical support services deemed necessary by the Parties. Each Letter of attribution shall be approved in writing between authorized representatives of the Parties prior to the provision of logistical support services that are subject to it.
Article 2
Conditions of implementation
1. Except as previously agreed by the Government of the French Republic, the United Nations will not use or authorize the use of logistical support services for any other purpose than the support of MINUSCA, in accordance with the relevant resolutions of the United Nations Security Council. The United Nations shall not transfer logistical support, by gift, sale or other means, or authorize it, unless authorized by this Agreement, the Letter of Award or the Financial Regulations and Rules of the United Nations.
2. The Parties agree that beneficiaries authorized to use and receive logistical support benefits include the United Nations, including potential contractors or contractors, in support of MINUSCA and all authorized personnel of MINUSCA.
Article 3
Implementation
1. France Expertise Internationale (FEI) is responsible, for the Government of the French Republic, for the implementation of this Agreement and for any Letter of attribution concluded pursuant to Article 1.3 of this Agreement. The Department of Field Support (DAM) is responsible, for the United Nations, for the implementation of this Agreement and for any Letter of attribution concluded pursuant to Article 1.3 of this Agreement.
2. The Government of the French Republic and the United Nations shall each appoint a representative to coordinate requests from the United Nations for the provision of logistical support services.
Article 4
Refund
1. The logistical support provided at the request of the United Nations pursuant to this Agreement shall be reimbursed to FEI in accordance with the terms and conditions of the Letter of attribution for which these logistical support services have been concluded in accordance with Article 1.3.
Article 5
Investigation and audit
The Government of the French Republic cooperates with United Nations investigations and audits regarding logistical support services provided by the Government.
Article 6
Settlement of disputes
Any dispute arising in connection with the application of this Agreement shall be resolved exclusively by negotiation between the Parties or their representatives, excluding any intervention by a third party. Any dispute arising directly or indirectly from the Letter of Allocation entered into pursuant to section 1.3 shall be settled in accordance with the dispute settlement provision contained in the said Letter of Allocation.
Article 7
Entry into force, duration, amendments and denunciation
1. This Agreement comes into force on its signature date and applies until 24 July 2015.
2. Any amendment to this Agreement shall be subject to a written agreement between the Parties.
3. This Agreement may be denounced by either Party subject to compliance with a 30-day notice. It expires at the end of the mandate of MINUSCA.
4. Notwithstanding the expiry of this Agreement, the obligations of the Parties under Article VI shall continue to apply to the settlement of any dispute, request or liability arising out of this Agreement.
DONE in New York on 24 July 2014, in two (2) original copies, in French and English, both versions being equally authentic.
For the Government of the French Republic:
Mr. GÉRARD ARAUD,
Permanent Representative of France to the United Nations
For the United Nations:
Mr. ANTHONY BANBURY,
Assistant Secretary General, Department of Field Support
Indicative list of goods and services offered by the Government of the French Republic for MINUSCA
Horizontal engineering
Construction/Construction of camp facilities.
Aerodrome design/Construction and maintenance.
Road design and bridge/Construction and maintenance.
Vertical engineering
Key in hand (design/Acquisition/Construction and order) for fully functional facilities to satisfy military, police and civilian personnel.
Environmental Expertise (ecological)
Basic environmental assessment for new camp facilities (commodities).
Waste management planning.
Camp management
Facilities management.
Waste management.
Catering services.
Indicative list of goods and services offered by the Government of the French Republic for MINUSCA
Horizontal engineering
Construction/Construction of camp facilities.
Aerodrome design/Construction and maintenance.
Road design and bridge/Construction and maintenance.
Vertical engineering
Key in hand (design/Acquisition/Construction and order) for fully functional facilities to satisfy military, police and civilian personnel.
Environmental Expertise (ecological)
Basic environmental assessment for new camp facilities (commodities).
Waste management planning.
Camp management
Facilities management.
Waste management.
Catering services.
Done on March 24, 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius