Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
In light of Decree No. 53-192 of 14 March 1953 amended concerning the ratification and publication of international commitments entered into by France;
Having regard to Decree No. 95-1236 of 16 November 1995 on the publication of the Convention between the Government of the Republic of France French and the Government of the Republic of South Africa for the avoidance of double taxation and the prevention of tax evasion and evasion with respect to taxes on income and on capital, signed in Paris on 8 November 1993,
:
The Technical Assistance Agreement between the Government of the French Republic and the Government of the Republic Signed in Cape Town on 26 June 2003, will be published in the Official Journal of the French Republic.
The First Minister and the Minister for Foreign Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
TECHNICAL ASSISTANCE AGREEMENT
BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA
Preamble
The Government of the French Republic (hereinafter referred to as " France ") And the Government of the Republic of South Africa (hereinafter " South Africa ") (hereinafter referred to " The Parties ", or Individually " The Party ",
Reaffirming the friendly relations between the Parties and the two peoples;
Recalling the objectives relating to the strengthening of the links between the Parties and the encouragement of the cooperation stated in The cooperation agreement in the fields of education, culture, sport, science and technology, signed by the Parties on 4 November 1994;
Referring to the Convention signed on 8 November 1993 between the Parties in order to avoid Double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital;
Referring to the Development Cooperation Agreement signed on 31 May 2001 between the Parties;
Referring to the Convention on Mutual Assistance Judicial in criminal matters signed on 31 May 2001 between the Parties;
Bearing in mind that democracy, international law and human rights are the guiding principles for the development of cooperation between the two countries ;
Desiring to cooperate to support the development process through projects and programs,
Have agreed to:
Article 1
Purpose of the agreement
The purpose of the Agreement is to establish a legal and administrative framework to facilitate the employment of staff recruited through projects or programmes, as well as to define the conditions of their stay in the Republic of South Africa, and to arrest The provisions governing the importation of resources from the French Republic into the Republic of South Africa.
Article 2
Definitions
For the purposes of this Agreement, unless the context Has otherwise:
a) The term " Staff " Refers to persons who do not possess South African nationality or are residents of the Republic of South Africa and who:
(i) are employed by France in respect of projects and Programmes;
(ii) are employed by companies and organizations with which France or South Africa has an agreement to implement the projects and programmes; or
(iii) are employed by South Africa as experts, For which France has proposed and South Africa has accepted that they should be employed in projects and programmes;
(b) The expression " Dependant " Means the spouse of a staff member, any child who is less than 20 Years, every single child aged twenty and one to twenty-three years studying full time in an educational institution, any single child who is officially recognized by the French government as a member of the dependent family and who Holder of a diplomatic or official passport;
(c) The expression " Projects and Programs " Refers to cooperation activities in the fields of education, culture, sport, science and technology in South Africa, Of which France finances in whole or in part certain elements on the budget of assistance to programmes in the Republic of South Africa, in particular
(i) the employment of staff;
(ii) buildings;
(iii) material resources such as Goods, goods, vehicles, machinery and equipment, and
(iv) financial assets or assets.
Item 3
Administrative Procedures
1. The Parties shall provide each other in writing with the name of the Executive Authority which will represent them for the implementation of the projects and programmes and any changes in this representation.
2. Representatives of both Parties shall meet regularly to monitor cooperation under this Agreement.
3. France will inform South Africa in writing of the staff it proposes to use for projects and programmes. South Africa shall also be informed of the employment of staff by undertakings or bodies with which France has concluded an agreement in accordance with Article 2 (a) (ii) of this
. South Africa states in writing to France whether or not it considers the proposed staff acceptable.
Article 4
Employee benefits
South Africa:
a) Appliances the provisions The Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital entered into force on 1 November 1995 to all remuneration paid by France to staff;
(b) Exonates the staff of all import duties and customs duties and other tax charges, including value added tax, on new or unused household and personal effects imported into the Republic of South Africa in the six Month following his arrival, this period may be extended in specific circumstances, provided that such goods are re-exported from South Africa at the time of departure or within a time accepted by South Africa, this re-export being Also exempt from any payment of duties;
(c) Exempt staff from paying all import duties and customs duties and other tax charges, including value added tax, on equipment for use in projects And programmes and imported into the Republic of South Africa;
(d) Ensures the import or purchase, in relief of all duties and taxes, of a motor vehicle by each staff member within six months of arrival, In accordance with the laws of South Africa;
e) Provides assistance to staff in obtaining visas and work permits and residence permits for dependants as defined in Article 2 (b), upon request And on the understanding that South Africa issues such visas and permits only after notification by France, through diplomatic channels, of the identity of the staff and their dependants;
(f) Grant to staff and dependants Repatriation or evacuation facilities during periods of national or international crisis planned for the staff of diplomatic missions by the Vienna Convention on Diplomatic Relations;
(g) Provides room staff Of identity to enable it to benefit from the full assistance of the competent authorities of South Africa in the performance of its functions; and
(h) Subject to the regulations applicable to foreign exchange, do not impose any Monetary or exchange restriction to funds from external sources and introduced into the Republic of South Africa by staff and dependants for their personal use. Funds transferred by staff and dependants on non-resident rand accounts shall remain at their exclusive disposal and the balances of these accounts shall be freely transferable, provided that these accounts have been Supplied exclusively from external sources; otherwise, the account is subject to the customary exchange control provisions.
Article 5
Immunities
1. South Africa hereby guarantees staff the benefit of immunity from jurisdiction for any act, omission or word spoken or written in the course of its official duties.
2. The provisions of paragraph 1 of this Article shall not apply in the case of civil action:
(a) Resulting from the conclusion of a contract entered into by a staff member and the latter has not intentionally concluded in its official capacity ;
(b) Inspired by a third party for damage resulting from an accident caused by a motor vehicle owned or used by staff.
3. Staff comply with applicable laws in the Republic of South Africa.
4. For the purposes of this Article, if requested by South Africa, France shall provide South Africa with administrative or legal aid in order to find a satisfactory solution to any problems that may arise.
Article 6
Staff Conduct
1. After consultation with France, South Africa may request the recall of staff whose conduct is not considered satisfactory. After consultation with South Africa, France can recall the staff at any time. In the event of a recall, France makes every effort to obtain the appropriate replacement of the recalled staff, if requested by South Africa.
2. The staff shall carry out the mission agreed upon by the Parties. With regard to the day-to-day operations of a project and a programme, staff will act in close consultation with the authorities responsible for the execution of projects and programmes and shall comply with the operational instructions given by the These authorities.
3. South Africa will provide all reasonable assistance to staff to enable it to perform its functions.
4. Staff comply with applicable laws in the Republic of South Africa.
Article 7
Projects and Programs
1. The identification, preparation, evaluation and supervision of projects and programmes related to this Agreement shall be jointly provided by the
. Subject to the budgetary limits of assistance to the programme in South Africa, France endeavours to respond to requests from the national government of the Republic of South Africa, a provincial government or a local government. Requests from the provincial or local government and responses to such requests shall be made in consultation with the competent authority designated by South Africa in accordance with Article 2 (a).
3. France can also respond to a request for cooperation from non-governmental organizations, including universities and other public education and research
. Representatives of France, in consultation with South Africa, have the opportunity to see first-hand the progress of projects and programmes and to review these projects and programmes.
Article 8
Project Resources
1. With regard to the resources referred to in Article 1 and provided by France, South Africa:
(a) Exempts France from paying or taking charge of the cost of all import and export duties and all other taxes Official, including value added tax;
(b) Exempts France from the payment of the cost of all customs duties, indirect taxes and other similar charges relating to entry into the Republic of South Africa, thus All prohibitions and restrictions on imports or exports, unless public health or safety considerations make these prohibitions or restrictions necessary;
c) Assure in a timely manner Secure reception, berthing, handling, customs passage, routing, storage and further transportation; and
d) Takes all appropriate measures and initiates any necessary procedures relating to loss or Damage caused, in whole or in part, to any shipment of resources and promptly informs France.
2. France informs South Africa in good time of the location of these resources.
3. At the end of a project or program, the Parties agree, by mutual agreement, of an alternative destination or the transfer of any property, if any.
Article 9
Dispute Settlement
Any dispute between the Parties arising out of the interpretation or application of this Agreement shall be settled amicably by negotiation between the Parties.
Article 10
Amendments
The Agreement may be amended by mutual agreement between the Parties through the exchange of notes between the Parties through diplomatic channels.
Article 11
Entry into Force and Termination
1. Each Party shall notify the other of the date of completion of the constitutional procedures required for the entry into force of this Agreement which takes effect on the first day of the first month following the date of receipt of the Last of these notifications.
2. This Agreement shall remain in force for an indefinite period, unless it is denounced by one of the Parties with six months' written notice to the other Party through diplomatic channels.
3. Projects and programmes under way on the date of entry into force of this Agreement shall continue to be governed by prior agreements and arrangements until the expiration of such agreements or arrangements. After the expiration of such agreements or arrangements, they shall be governed by this Agreement.
In witness whereof, the undersigned, duly authorized to that effect by their respective Governments, have signed and sealed this Agreement, in duplicate, in English and French languages, both texts being equally authentic.
Done at Cape Town, June 26, 2003.
For the Government of
of the French Republic:
Mr. Dominique de Villepin
Minister
of Business Foreign
For the Government
of the Republic of South Africa:
Dr. Nkosazana Dlamini Zuma
Minister of
Affairs
Done at Paris, January 6, 2004.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
Foreign Minister,
Dominique de Villepin
