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. 2014-876 of 4 August 2014 authorizing the approval of the agreement between the Government of the French Republic and the Government of Georgia on cooperation in matters of internal security;
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. 69-446 of 2 May 1969 publishing the Single Convention on Narcotic Drugs of 30 March 1961;
Vu le Decree No. 75-1076 of 4 November 1975 publishing the Protocol amending the Single Convention on Narcotic Drugs of 1961, signed at Geneva on 25 March 1972;
Vu le Decree No. 77-41 of 11 January 1977 publishing the Convention on Psychotropic Substances, held in Vienna on 21 February 1971;
Vu le Decree No. 91-271 of 8 March 1991 issuing the publication of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (a consolidated annex), adopted at Vienna on 19 December 1988 and signed by France on 13 February 1989;
Vu le Decree No. 99-529 of 25 June 1999 publishing the treaty of understanding, friendship and cooperation between the French Republic and the Republic of Georgia, signed in Paris on 21 January 1994;
Vu le Decree No. 99-530 of 25 June 1999 publishing the agreement on cultural, scientific and technical cooperation between the Government of the French Republic and the Government of Georgia, signed in Paris on 3 February 1997;
Vu le Decree No. 2003-875 of 8 September 2003 publishing the United Nations Convention against Transnational Organized Crime, adopted in New York on 15 November 2000 and signed by France on 12 December 2000;
Vu le Decree No. 2008-1118 of 31 October 2008 publication of the Council of Europe Convention on Combating Human Trafficking, adopted on 16 May 2005 in Warsaw, signed by France on 22 May 2006 in Strasbourg,
Decrete:
The agreement between the Government of the French Republic and the Government of Georgia on cooperation in matters of internal security, signed in Paris on 26 November 2009, 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
ENTER THE GOVERNMENT OF THE FRENCH REPUBLIC AND GOVERNMENT OF GEORGIA RELATING TO INLAND SECURITY COOPERATION, SIGNED TO PARIS on 26 NOVEMBER 2009
The Government of the French Republic
and
the Government of Georgia
the Parties,
Desirous of contributing to the development of their bilateral relations within the framework, on the one hand, of the Treaty of Understanding, Friendship and Cooperation between the French Republic and Georgia, and on the other hand, of the Agreement of Cultural, Scientific and Technical Cooperation between the Government of the French Republic and the Government of Georgia, signed in Paris on 21 January 1994 and 3 February 1997,
" Ensuring effective cooperation in combating illicit trafficking in narcotic drugs and psychotropic substances, including within the framework of the United Nations Single Convention on Narcotic Drugs of 30 March 1961 as amended by the Protocol of 25 March 1972; Convention on Psychotropic Substances of 21 February 1971 and the Convention of 19 December 1988 against Illicit Traffic in Narcotic Drugs and Psychotropic Substances,
Mus by the will to actively contribute to the fight against various forms of international crime, including within the framework of the United Nations Convention against Transnational Organized Crime of 15 November 2000 and the Council of Europe Convention on Combating Human Trafficking of 16 May 2005,
Convinced of the need to develop their cooperation in the field of civil security,
The following agreed:
The Parties shall conduct technical and operational cooperation in the field of internal security and mutually assist in the following areas, in accordance with national legislation:
1. Combating organized crime;
2. Combating illicit trafficking in narcotic drugs, psychotropic substances and their chemical precursors;
3. The fight against terrorism;
4. Combating economic and financial offences, including money-laundering;
5. Combating human trafficking, including crimes against children;
6. The fight against cybercrime;
7. The fight against trafficking in organs, tissues, cells and human products;
8. Combating illegal immigration and related crime, including illegal immigration channels;
9. The safety of air, sea and land transportation;
10. The fight against false and counterfeit means of payment and identification documents;
11. Combating theft and illicit trafficking of nuclear weapons, ammunition, explosives and materials, chemical compounds and bacteriological products, as well as other dangerous materials and goods and technologies for civilian and military use;
12. The fight against trafficking in stolen vehicles;
13. Combating trafficking in stolen cultural property and art objects;
14. Combating crime that affects the environment and public health;
15. The fight against itinerant crime;
16. Technical and scientific police and police investigative methods;
17. Personnel training.
In accordance with existing national procedures, such cooperation may be extended to other areas related to the internal security of mutual agreement between the Parties.
Cooperation on mutual legal assistance and extradition shall be excluded from the scope of this Agreement.
Article 2
Forms of cooperation
Cooperation between Parties under this Agreement shall include:
1. The exchange of information on the structure, functioning and methods of criminal organizations, the circumstances of criminal offences in this context, as well as the relevant legal provisions and measures taken to prevent new offences;
2. Implementation of police measures at the request of the competent authority of the other Party;
3. The exchange of experiences with the application of laws and regulations, the prevention of crime, and the methods, means and techniques of forensics used, including the training of staff and victim assistance programs;
4. Coordinated police measures and mutual assistance in personnel and equipment on the basis of complementary arrangements signed by the competent authorities;
5. The exchange of specialists in order to acquire high-level professional knowledge and to discover the modern means, methods and techniques of combating international crime;
6. Exchange of expert experiences in certain areas of the fight against crime;
7. Organization of expert meetings;
8. The organization of high-level meetings, at least once a year, in order to analyse the situation with regard to internal security and to consider improvements to bilateral cooperation in this area;
9. Upon request, the exchange of information on the methods and new forms of international crime. In this context, each Party may make samples or objects and related information available to the other, upon request.
Article 3
Agent detachments
Cooperation between Parties may also be implemented through liaison officers. The liaison officer carries out his information and advice activities and has no police authority.
Article 4
Special modalities for cooperation in combating drug trafficking
To prevent the illicit cultivation, extraction, production, import, export, transit and marketing of narcotic drugs, psychotropic substances and their precursors, the two Parties shall take coordinated measures and exchange:
(1) information relating to the criminal organizations involved in the illicit production and trafficking of narcotic drugs and psychotropic substances, the methods they use, their caches and their means of transport, the places of origin, transit, acquisition and destination of narcotic drugs and psychotropic substances and their precursors, and any particular details relating to such offences, which could help prevent, prevent and detect them;
(2) operational information on current methods of illicit international trade in narcotic drugs and psychotropic substances and resulting money-laundering;
(3) information on the results of forensic research and criminology in the areas of illicit drug trafficking and psychotropic substances and their abuse;
(4) samples of narcotic drugs and psychotropic substances and precursors that may be subject to abuse or technical information on the samples taken;
(5) results of experiments relating to the control and legal trade of narcotic drugs, psychotropic substances and their precursors, as well as operational information relating to them.
Article 5
Special modalities for cooperation in combating terrorism
As part of the fight against terrorism, Parties shall exchange information on:
(1) the acts of terrorism planned or committed, the modes of execution and the technical means used for their commission;
(2) terrorist groups that provide, commit or have committed terrorist acts in the territory of one of the Parties and infringe on the interests of the other.
Parties agree to develop cooperation in the field of civil security in the following forms:
- exchange of scientific and technical information in the field of civil security, as well as the prevention and management of emergencies;
- exchange of experts and specialists in the field of civil security;
- training specialists.
Article 7
Assistance in the event of natural or technological disasters
In the event of a natural or technological disaster, the Parties shall mutually assist. Depending on the availability of the requested Party and on official request of the requesting Party, Parties may send specialized teams of experts or relief personnel. The costs of sending these teams are borne by the requesting Party.
1. All activities under this Agreement relating to domestic security cooperation shall be carried out by each Party in strict compliance with its national legislation.
2. Seizure of a request for information under this Agreement, each Party may reject it if it considers that, under its national legislation, its acceptance would affect the human rights of the individual.
3. Seizure of a request for both technical and operational cooperation under this Agreement, each Party may reject it if it considers that its acceptance would affect the sovereignty, security, public order, the rules of organization and operation of the judicial authority or other essential interests of its State.
When, pursuant to paragraphs 2 and 3 of this Article, one Party rejects a request for cooperation, it shall inform the other Party.
Article 9
Privacy and data usage restriction
Each Party shall treat confidential information that the other Party considers to be such.
The information and documents exchanged under this Agreement shall not be used for purposes other than those for which they have been communicated without the prior consent of the issuing competent authority.
The information and documents exchanged shall not be communicated to third parties without the prior consent of the issuing competent authority.
Objects, materials, samples, technical means and related technical documentation provided under this Agreement shall not be transmitted to third parties without the prior consent of the issuing competent authority.
Article 10
Technical cooperation
Technical cooperation that may be implemented in the areas mentioned in this Agreement is subject to prior exchanges of diplomatic correspondence between Parties. Where appropriate, technical arrangements between concerned administrations specify the modalities for the practical implementation of the actions that have been adopted.
The implementation of technical cooperation is the subject of annual programming.
The requesting Party shall provide to all missions of the requested Party the assistance of an interpreter.
Article 11
Implementation
The Ministers concerned are responsible for the successful implementation of this Agreement.
For this purpose, they designate the agencies responsible for the implementation of the various areas of cooperation mentioned in this Agreement. This designation is communicated to the other Party through diplomatic channels.
Article 12
Fees
In accordance with this Agreement and in accordance with and within the limits of their budgetary availabilities, both Parties shall bear their respective costs, unless otherwise agreed on on a case-by-case basis.
Article 13
Relationship with other international agreements
All activities under this Agreement shall be carried out by each Party in strict compliance with its international commitments.
Article 14
Interpretation of the agreement
Any dispute relating to the interpretation or application of this Agreement shall be settled by negotiation between the Parties.
Article 15
Entry into force, amendment, denunciation and duration
Each Party shall notify the other of the completion of the required internal procedures, with respect to it, for the entry into force of this Agreement which takes effect on the first day of the second month following the date of receipt of the last notification.
This Agreement shall be concluded for a period of three years. It is renewable by tacit renewal for new periods of three years.
Each Party may denounce this Agreement at any time by written notification to the other. This denunciation takes effect three months after its notification date. It does not affect the actions under way, unless the two Parties agree otherwise.
Each Party may suspend the application of this Agreement, in whole or in part, by written notification to the other, with a three-month notice.
Amendments to this Agreement may be made in the same forms as this text.
IN WITNESS WHEREOF, the representatives of the two Parties, duly authorized to do so, have signed and affixed their seals there.
Done in Paris, on 26 November 2009, in two copies, each in French and Georgian languages, both texts being equally authentic.
For the Government of the French Republic:
Bernard Kouchner
Minister for Foreign and European Affairs
For the Government of Georgia:
Grigol Vachadze
Minister of Foreign Affairs
Done on 24 August 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
