1. A juxtaposed national office is created, on French territory, at the airport of Basel-Mulhouse for the control of travellers and goods originating in France and destined for Switzerland or vice versa.

2. The Swiss customs and police services shall also proceed in accordance with the conditions laid down in the Convention of 28 September 1960 ² , to the control of travellers and goods from a country other than France and to Switzerland or vice versa.

3. For application of s. 1 and 2 of this article, "passenger" means:

1.

For the police services of the two states, any person who travels from the Swiss sector to the French sector and vice versa, even if it does not leave the right of way of the airport.

2.

For the customs services of both states:

A.

On import:

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Persons who temporarily enter the customs territory where they do not have their normal residence, as well as,

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Any person who returns to the customs territory where he or she has a normal residence after travelling temporarily to the territory of the other State.

B.

Export:

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Any person who temporarily leaves the customs territory where the person has his or her normal residence, and

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Any person who leaves after a temporary stay the customs territory of the State where he or she does not have his or her normal residence.

1. In this arrangement and for their delimitation, the sectors correspond to those of Art. 2, para. 6, of the Convention of 4 July 1949 ¹ .

2. Accordingly, the following means:

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Swiss sector, the sector assigned to Swiss services responsible for the control of travellers and goods to or from Switzerland;

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French sector, the sector assigned to the French services of the control of travellers and goods to or from France;

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The common sector, the sector encompassing the runways, assigned to the general services of the airport and to the traffic of passengers and goods.

1. The sectors defined in Art. 2 are delineated in the attached plan ¹ Which forms an integral part of this Agreement.

2. The different sectors are represented as follows on the above plans:

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Swiss sector, in red;

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French sector, blue;

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The common sector, in green.

3. The boundaries of the sectors represented in the dotted line shall relate to locations which may be temporarily assigned to another sector depending on the traffic needs.

4. The plans cited in subs. 1 will be posted in the Swiss sector.

The delimitation of the Swiss sector may be amended in the event that the activity of the undertakings which are installed there no longer meets the criterion of the customs exemption as defined in Art. 10, chap. 1, para. 2, of the Convention between France and Switzerland of 4 July 1949 ¹ Concerning the construction and operation of the Basel-Mulhouse Airport in Blotzheim.

1. The Regional Customs Directorate of Mulhouse and the competent French police authority, on the one hand, the management of the first district of Swiss Customs in Basel and the competent Swiss police authority, on the other hand, decide on a common Agreement:

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Assignments of the sites referred to in s. 3 of Art. 3;

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Changes to sector boundaries that would involve possible transfers of premises and land.

These amendments will be subject to an exchange of letters between the Regional Customs Directorate of Mulhouse and the management of the first Swiss Customs District in Basel. They will also be submitted to the joint Franco-Swiss Commission at the next meeting.

2. The Regional Customs Directorate of Mulhouse and the management of the first Swiss Customs Arrondissement in Basel agree on the details after agreement with the competent authorities and with the Council Airport administration.

3. The officials responsible, in service, of the local authorities concerned of the two States shall take common accord with the measures applicable on the hour or for a short period of time, in particular in order to overcome the difficulties arising during the Control. They may, by delegation of the authorities referred to in s. 1 and 2, also address issues related to interim transfers of sectors.

This Agreement repeals that of March 26, 1971 ¹ Amended on 17 October 1977 and will remain in force for as long as the aforementioned Convention of 4 July 1949 ² Remain in effect.

However, each of the two governments may denounce it with six months' notice and such denunciation shall take effect on the first day of the month following the due date of the notice. The two governments may also amend this Agreement by mutual agreement."

The Ministry of Foreign Affairs would be grateful to the Swiss Embassy for its consideration of whether the Swiss Federal Council approved the above provisions.

If so, the present note and the response of the Swiss authorities shall constitute confirmation of that arrangement in accordance with Art. 1, para. 4, of the aforementioned Convention of 28 September 1960 ³ .

The Department proposes that this arrangement enter into force on the first day of the second month following the date of the response of the Swiss authorities.

The Ministry of Foreign Affairs takes this opportunity to renew to the Swiss Embassy the assurance of its high regard."

The Embassy has the honour to inform the Department that the provisions of this arrangement are approved by the Swiss Federal Council.

In those circumstances, the above-mentioned note by the Ministry of Foreign Affairs and the present note constitute, in accordance with Art. 1, para. 4, of the Franco-Swiss Convention of 28 September 1960 ⁴ The agreement between the Swiss Federal Council and the French Government on the arrangement for the establishment of a national control office at the airport Basel-Mulhouse and delineating the sectors. This exchange of notes replaces the exchange of notes on March 26, 1971 ⁵ , by exchange of notes of 17 October 1977. The arrangement will enter into force on the first day of the second month following the date of this reply note, namely: 1 ^Er March 1993.

The Embassy of Switzerland takes this opportunity to renew to the Ministry of Foreign Affairs the assurance of its high regard.