Agreement of 2009 on cooperation between the Great Socialist Libyan Arab People's Jamahiriya and the Government of the French Republic on security and combatting organised crime

Agreement of 2009

between the Great Socialist People's Libyan Arab Jamahiriya

and the Government of the French Republic

on Cooperation in the Field of Security and the Fight against Organised Crime

The Great Socialist People's Libyan Arab Jamahiriya and the Government of the French Republic, hereinafter referred to as “the Parties”,

  • Desiring to reinforce their bonds of friendship and their cooperation in the field of security and the fight against organised crime for the benefit of both countries,
  • Driven by their concern about the threat of organised crime in all its forms and terrorism,

The Parties have agreed on the following:

Article (1)

Assistance shall be provided in the following fields:

  1. The fight against terrorism and organised crime.
  2. The fight against illegal migration and the forgery of related documents.
  3. Combating forgery and counterfeiting.
  4. Seaport and airport security.
  5. Technical and scientific policing.
  6. Civil protection, firefighting, and maritime rescue.
  7. Crisis management.
  8. Combating illegal trade of narcotics, psychotropic susbtances, and their chemical compositions.
  9. Security of air and sea means of transportation.
  10. VIP protection.
  11. Demining.
  12. Combating economic and financial violations, particularly money laundering.
  13. Combating human trafficking.
  14. Combating the trade of stolen cultural property and archeological artifacts.
  15. Combating fraud related to new information and communications technology.
  16. Combating cybercrime.

Cooperation may be extended to other fields related to internal security by amending the present Agreement by mutual consent.

Article (2)

  1. All the activities set forth in the present Agreement shall be implemented by each party in strict compliance with its national legislation and international commitments.
  2. Either party may reject requests for information that are submitted in the framework of the Agreement if such requests contravene the national legislation of such party or prejudice basic human rights.
  3. Either party may reject requests for cooperation that are submitted in the framework of the Agreement if the approval thereof could harm the sovereignty, security, or public order of its country, the rules regulating the work of judicial authorities, or any other fundamental interests of its country.
  4. The party that rejects a request for cooperation pursuant to Clauses (2) and (3) of this article shall notify the other party thereof.

 

Article (3)

The Parties shall assist each other in the fight against all forms of international crime stipulated by Article (1) for such purposes. Both Parties may provide each other, in compliance with their national legislation, with information pertaining to the structures, management, and modus operandi of suspect criminal organisations involved in all forms of international crime, in addition to the circumstances of the crimes committed, the legal provisions that have been violated, and the measures taken, whenever necessary to avoid such violations.

For this purpose, each party may put at the disposal of the other party, at the latter’s request, any samples, materials, or information related to such samples and objects.

The Parties shall exchange the findings of any research they conduct in the field of crime detection and criminology. They shall inform each other of investigation methods and the means to combat international crime.

The Parties may exchange specialists to acquire high-level professional knowledge and learn the modern tools, methods, and techniques to fight international crime.

Article (4)

Within the fight against terrorism and in compliance with their respective national legislation, the Parties shall exchange relevant information pertaining to the following:

  1. Planned or committed acts of terrorism, and the methods and technical means used to execute them.
  2. Terrorist groups that plan, commit, or have committed terrorist acts on the territory of either party against the interest of the other party.

The Parties shall process in a confidential manner the information and findings that are considered confidential by either party. Pursuant to the present Agreement, such information and findings may only be disclosed to a third party with the consent of the issuing party.

Article (5)

  • The Parties shall exchange assistance in combating illegal smuggling, trade, and use of narcotics as well as the illegal agriculture of the plants used in their production. They shall take the necessary procedures to monitor such substances to prevent their misuse, import, export, transport, or consumption.
  • Narcotics, psychotropic susbtances, and plants shall be identified in accordance with the legislation in force in each country.
  • To this end, the Parties shall endeavor and coordinate to take the necessary procedures to exchange the following in compliance with their national legislation:
  1. Information on the methods used by criminal organisations for the production, illegal trade, concealment, and transportation of narcotics and psychotropic susbtances, as well as information on their places of origin, transit, acquisition, destinations, and all the details of such violations that contribute to their prevention and to the detection of the acts stated in the United Nations Single Convention on Narcotic Drugs issued on 30/03/1961 and amended by a protocol on 25/03/1972, the Convention on Psychotropic Substances of 21/02/1971, and the Convention of 19/12/1988 against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
  2. Information on the methods used in the international illicit trade of narcotics and psychotropic substances and the resulting money laundering operations.
  3. Findings of crime detection and criminology research related to the illegal trade and misuse of narcotics and psychotropic substances.
  4. Samples and chemical compositions of narcotics and psychotropic substances, or technical information thereon.
  5. Results of experiments related to the monitoring of narcotics and psychotropic substances, their chemical compositions, and their illicit trade.

Article (6)

The main pupose of cooperation in the fields stated in Article (1) of this Agreement is the following:

  1. General and specialised training:

The Parties shall boost cooperation between the education institutions and institutes as well as specialised training between the two countries, particularly in the fight against organised crime, terrorism, illegal migration, and scientific policing.

  1. Exchange of experts and professional information:
  • This exchange includes the crime methods, the tools used by criminals, and the measures taken against them.
  • Periodic meetings shall be set up between the security services of both countries.
  • Each party shall notify the other party of any conference, forum, and symposium organised by such party in security fields.
  1. Technical consultancy.
  2. Exchange of specialised documents:

The Parties shall exchange the laws and resolutions pertaining to the activities of the General People’s Committee for Public Security of the Great Jamahiriya and the French Ministry of Interior, in addition to the research findings, books, magazines, and educational tools that address security fields.

  1. Exchange of employees and experts when necessary.

Article (7)

This Agreement shall be implemented in accordance with an annual cooperation program that ensures contribution by each party within the limits of its budget resources.

Article (8)

  • This Agreement shall be ratified in accordance with the procedures applicable in each country. It shall enter into force on the first day of the second month following the date of receipt of the last notification of ratification.
  • This Agreement shall remain in effect for five years automatically renewable for similar periods.
  • Either party may annul this Agreement by virtue of a written notice addressed to the other party via diplomatic channels three months before the date of annulment. Such annulment shall have no effect on ongoing business unless the Parties agree otherwise.
  • This Agreement shall be amended by signing an additional agreement that includes the amendment. Such amendments shall have the same legal force as the Agreement.
  • Either party may totally or partially suspend this Agreement by virtue of a written notice addressed to the other party via diplomatic channels three months before the date of suspension.

 

This Agreement is made and signed in Paris on Monday 10/12/1375 FDP/2007AD in two original copies of equal legal force in the Arabic and French languages.

For the Great Jamahiriya

Abd al-Rahman Muhammad Shalqam

Chairman of the General People’s Committee

For Foreign Liaison and International Cooperation

For the Government of the French Republic

Michèle Alliot-Marie

Minister of Interior, Overseas Territories, and Local Communes