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Decree No. 2015-1308 October 19, 2015, With Publication Of The Additional Protocol To The Convention For Mutual Assistance In Criminal Matters Between The Government Of The French Republic And The Government Of The Kingdom Of Morocco, Signed To Raba...

Original Language Title: Décret n° 2015-1308 du 19 octobre 2015 portant publication du protocole additionnel à la convention d'entraide judiciaire en matière pénale entre le Gouvernement de la République française et le Gouvernement du Royaume du Maroc, signé à Raba...

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BUSINESS , INTERNATIONAL AGREEMENT , BILATERAL AGREEMENT , FRANCE , MAROC , CONVENTION D'ENTRAIDE JUDICIAIRE , AUTORISATION , ADDITIONAL PROTOCOLE , APPROBATION , DOMAINE PENAL , LUTTE CONTRE LA CRIMINALITY TRANSNATIONALE


JORF n°0244 of 21 October 2015 page 19517
text No. 4



Decree No. 2015-1308 of 19 October 2015 on the publication of the additional protocol to the mutual legal assistance agreement in criminal matters between the Government of the French Republic and the Government of the Kingdom of Morocco, signed in Rabat on 6 February 2015 (1)

NOR: MAEJ1523832D ELI: https://www.legifrance.gouv.fr/eli/decret/2015/10/19/MAEJ1523832D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2015/10/19/2015-1308/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. 2015-905 of 24 July 2015 authorizing the approval of the additional protocol to the mutual legal assistance agreement in criminal matters between the Government of the French Republic and the Government of the Kingdom of Morocco;
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. 2011-960 of 16 August 2011 issuing the mutual legal assistance agreement in criminal matters between the Government of the French Republic and the Government of the Kingdom of Morocco, signed in Rabat on 18 April 2008,
Decrete:

Article 1


The additional protocol to the mutual legal assistance agreement in criminal matters between the Government of the French Republic and the Government of the Kingdom of Morocco, signed in Rabat on 6 February 2015, 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


    ADDITIONAL PROTOCOL
    TO THE CONVENTION OF JUDICIARY SUBSTANCE WITH THE GOVERNMENT OF THE FRENCH REPUBLIC AND GOVERNMENT OF THE MARKING ROYAUME, SIGNED TO RABAT ON 6 FEBRUARY 2015


    The Government of the French Republic,
    and
    The Government of the Kingdom of Morocco,
    The Parties,
    Following the minutes of negotiations signed in Paris on 31 January 2015, between Christiane TAUBIRA, Garde des Sceaux, Minister of Justice of the Government of the French Republic, and Mustapha RAMID, Minister of Justice and Freedoms of the Government of the Kingdom of Morocco,
    The following agreed:


    Article 1


    The Convention on Mutual Assistance in Criminal Matters between the Government of the French Republic and the Government of the Kingdom of Morocco signed on 18 April 2008 in Rabat is supplemented by the insertion of an article 23 bis entitled "Implementation of the International Conventions".


    Article 2


    Additional article 23 bis is as follows:
    “Implementation of international conventions
    1. As part of their respective commitments and in order to contribute to the effective implementation of the international conventions that bind them, the Parties shall promote more effective cooperation and exchanges between the judicial authorities for the proper conduct of the proceedings, including where the facts reported have been committed in the territory of the other Party.
    2. In the latter case, each Party shall immediately inform the other Party of proceedings relating to criminally punishable acts in the commission of which nationals of the latter are liable to see their liability.
    3. With respect to proceedings brought before the judicial authority of a Party by a person who does not have the nationality of the Party and for acts committed in the territory of the other Party by one of its nationals, the seized judicial authority shall, as soon as possible, collect its observations or information from the judicial authority of the other Party.
    The latter shall take all such measures as it deems appropriate, including, where appropriate, the commencement of proceedings.
    In the light of the material or information received, the seized judicial authority shall determine the follow-up to the proceedings, priority being given to its referral to the judicial authority of the other Party or its closure.
    In the absence of an answer or in the event of an inertia of the other Party, the seized judicial authority shall continue the proceedings.
    4. The provisions of paragraph 3 of this article shall apply to individuals with the nationality of either Party. »


    Article 3


    Each Party shall notify the other of the performance of the internal procedures required for the entry into force of this Additional Protocol. This Additional Protocol shall enter into force on the first day of the first month following the date of receipt of the last notification.
    In faith, duly authorized undersigned have signed this Additional Protocol.
    Done in Rabat on 6 February 2015, in duplicate, in French and Arabic, both texts being equally authentic.


    For the Government of the French Republic:
    Charles Fries
    Ambassador of France to Morocco


    For the Government of the Kingdom of Morocco:
    El Mostafa RAMID
    Minister of Justice and Freedoms


Done on October 19, 2015.


François Hollande

By the President of the Republic:


The Prime Minister,

Manuel Valls


Minister for Foreign Affairs and International Development,

Laurent Fabius

(1) Effective October 1, 2015.
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