Official Journal of the French Republic

[Dutchy]

Official Journal of the French Republic
Journal officiel de la République française​

---

The Official Journal of the French Republic (French: Journal officiel de la République française), is the government gazette of the French Republic. It publishes the official legal information from the Government of France, including laws, decrees, orders and circulars.

The Official Journal is published by the Office of Prime Minister and is freely available to search for and access current and historical legal documents. Only texts published in the Official Journal are considered authentic and legally binding.

LAWS​

Law No. 2007-01 of April 2007 relating to the control of arms exports​

Law No. 2007-02 of May 2007 establishing the Banque de France​

DECREES, ORDERS AND CIRCULARS​

Decrees

Decree No. 2007-001 of April 2007 implementing Law No. 2007-01 of April 2007 relating to the control of arms exports​

Orders

Circulars

 

[Dutchy]

Journal officiel de la République française Official Journal of the French Republic​

---

LAW

Law No. 2007-01 of April 2007 relating to the control of arms exports​

The National Assembly adopts,
The President of the Republic promulgates the law whose content follows:

Article 1
The export, re-export, transfer and brokering of military equipment and related technologies from the national territory shall be subject to prior authorisation by the Council of Ministers.

Article 2
For the purposes of this Law, “military equipment” means arms, ammunition, military vehicles, aircraft, vessels, technologies, and dual-use goods intended for military application, as defined by decree of the Council of Ministers.

Article 3
The export of military equipment shall be prohibited where it would:

1. Contravene international obligations undertaken by the French Republic, or international treaties to which the French Republic is a party;​

2. Undermine the essential interests of national security;​

3. Risk contributing to serious violations of international humanitarian law or human rights;​

Article 4
Any person who intends to export, re-export, transfer and brokering of military equipment and related technologies from the national territory must obtain an export licence.

Article 5
Export licences shall be issued by the Minister of the Armed Forces, acting on the authority of the Council of Ministers.

Article 6
Applications for export licences shall include full disclosure of the end-user. The Minister of the Armed Forces may request any additional information necessary to ensure compliance with this Law.

Article 7
The Minister of the Armed Forces may refuse, suspend, or revoke an export licence where the conditions of Article 3 are met or where the applicant has failed to comply with the requirements of this Law or its implementing regulations.

Article 8
The Ministry of the Armed Forces shall maintain a national register of arms export licences.

Article 9
1. Any export, re-export, transfer or brokering carried out without the authorisation required under this Law shall be punishable, for natural persons, by:

1. Imprisonment for a term not exceeding seven years;​

2. A fine not exceeding €1,000,000, without prejudice to any additional penalties provided for under the Penal Code.​

2. Legal persons found guilty of the same offence shall be liable to the following penalties:

1. A fine not exceeding 10 per cent of turnover during the last closed financial year;​

2. Prohibition, for a period of time, of engaging in export activities;​

3. Dissolution.​

Article 10
This Law shall enter into force on the day of its publication in the Official Journal of the French Republic.

Done on April, 2007.

NICOLAS VALÉRIAN​

By the President of the Republic:

Prime Minister
NATHALIE LYON

Minister of the Armed Forces
EMMANUEL FORTIER

 

[Dutchy]

Journal officiel de la République française Official Journal of the French Republic​

---

DECREES, ORDERS AND CIRCULARS



MINISTRY OF THE ARMED FORCES



Decree No. 2007-001 of April 2007 implementing Law No. 2007-01 of 15 April 2007 relating to the control of arms exports​

The Prime Minister,
On the report of the Minister of the Armed Forces,
Having regard to the Constitution;
Having regard to Law No. 2007-01 of April 2007 relating to the control of arms exports;
The Council of State having been heard,
Decrees:

Article 1
The following categories of arms, ammunition, military vehicles, aircraft, vessels, technologies and dual-use goods shall fall within the scope of Law No. 2007-01 of 15 April 2007 and shall require an export licence when exported, re-exported, transferred, or brokered from the national territory.

1. Armoured and Military Vehicles

• Tanks, armoured fighting vehicles, and armoured personnel carriers;
• Military engineering vehicles and mine-clearing vehicles;
• Self-propelled and towed artillery systems.

2. Aircraft and Unmanned Systems

• Combat aircraft, attack helicopters and military transport aircraft;
• Unmanned aerial vehicles (UAVs) and their associated ground control systems;
• Air-to-air, air-to-ground, and guided missile systems.

3. Naval Vessels

• Warships, submarines, patrol craft and their weapon systems;;
• Naval mines and torpedoes.

4. Missiles, Rocket Systems, and Launchers

• Surface-to-air and surface-to-surface missile systems;
• Multiple rocket launch systems;
• Portable missile and rocket launchers.

5. Military Technologies and Components

• Fire control systems, targeting systems, and night-vision devices;
• Military radars, electronic warfare equipment, and command-and-control systems;
• Military-grade cryptographic devices and secure communications.

6. Dual-use Goods with Military Application

• Nuclear materials, facilities and technologies intended for non-peaceful use;
• Certain chemical precursors and biological agents with potential military application;
• Space-launch vehicles and satellite systems with potential military use.

Article 2
The following shall not require an export licence under this Decree:

1. Equipment exported temporarily for the purpose of repair, testing, or demonstration, provided it is returned to the national territory;​

2. Equipment used by the French armed forces deployed abroad.​

Article 3
The Minister of the Armed Forces, the Minister of Foreign Affairs, and the Minister of the Economy, Industry and Employment are responsible for the enforcement of this Decree.

Done at Paris on April 2007.

NATHALIE LYON​

By the Prime Minister:

Minister of the Armed Forces,
EMMANUEL FORTIER

Minister of Foreign Affairs,
THIERRY CHEVROLET​

Minister of the Economy, Industry and Employment,
VICTOR LÉMIEUX

 

[Dutchy]

Journal officiel de la République française Official Journal of the French Republic​

---

LAW

Law No. 2007-02 of May 2007 establishing the Banque de France​

The National Assembly adopts,
The President of the Republic promulgates the law whose content follows:

Title I – Establishment and Legal Status
Article 1
The Banque de France is hereby established as a public legal entity. It shall act in the public interest, exercising its functions independently within the limits of this Act and applicable law.

Article 2
The headquarters of the Banque de France shall be located in Paris. The Bank may establish regional or local branches within the national territory, as required for the fulfilment of its missions.

Article 3
The Banque de France shall possess full legal capacity to act, including the ability to enter into contracts, acquire, own, and dispose of movable and immovable property, and appear before any judicial or administrative authority.

Title II – Missions and Powers
Article 4
The fundamental mission of the Banque de France shall be to maintain monetary and financial stability and ensuring the proper functioning of the national financial systems.

Article 5
The Banque de France shall act as banker to the State. It shall open and maintain accounts in the name of the Minister of the Budget and Public Accounts and other public bodies as designated by law or regulation.

Article 6
The Banque de France shall receive public revenues, execute public expenditure, and perform domestic and foreign payment operations on behalf of the State, under conditions determined by agreement between the Government and the Bank.

Article 7
The Banque de France shall manage the official reserves of the State.

Article 8
The Banque de France shall exercise regulation, supervision, and oversight over banks and financial institutions, with a view to safeguarding the stability, efficiency, and integrity of the financial system.

Article 9
The Banque de France shall support the general economic policy of the Government, provided that such support does not prejudice its independence or its primary mission of monetary and financial stability.

Article 10
The Banque de France may act as lender of last resort, granting liquidity to solvent financial institutions facing temporary difficulties, under conditions defined by regulation.

Title III – Governance
Article 11
The Banque de France shall be directed by a Governor and two Deputy Governors. They shall be appointed by decree of the President of the Republic, upon proposal of the Prime Minister and after consultation with the relevant committees of Parliament. Their term of office shall be six years, renewable once. They shall enjoy guarantees of independence and may only be dismissed in cases of serious misconduct or incapacity, by decree issued in the Council of Ministers.

Article 12
A Monetary Policy Council shall be established within the Banque de France. It shall be composed of the Governor, the Deputy Governors, and six members appointed for renewable terms of five years, half by the Government and half by Parliament. The Council shall deliberate on monetary policy, financial stability, and other matters within the competence of the Bank. Decisions shall be taken by majority vote, with the Governor having a casting vote in case of a tie.

Title IV – Relations with the State and Parliament
Article 13
In the performance of its missions, the Banque de France shall not seek or receive instructions from the Government, Parliament, or any other authority, without prejudice to its duties of consultation and reporting as provided by this Act.

Article 14
The Banque de France shall submit to Parliament an annual report on its activities, including monetary policy, financial stability, and the exercise of its supervisory functions. The Governor shall present the report before the competent parliamentary committees.

Article 15
The Banque de France shall consult with the Government on major decisions of economic and financial policy, with a view to ensuring overall coherence between monetary and fiscal policy.

Title V – Financial Regime
Article 16
The Banque de France shall be endowed with capital provided by the State, the amount of which shall be fixed by decree issued in the Council of Ministers. This capital shall be recorded on the Bank’s balance sheet as a permanent resource.

Article 17
The services provided by the Banque de France in its capacity as banker to the State shall be subject to conditions, including possible remuneration, established by convention between the Government and the Bank, and approved by decree issued in the Council of Ministers.

Article 18
The Banque de France shall maintain its accounts in accordance with public accounting standards defined by regulation. Its annual net profits shall be allocated as follows:

1. a portion to statutory reserves, in an amount determined by the Monetary Policy Council;​

2. the balance to the State budget.​

Title VI – Final Provisions
Article 19
This Act shall enter into force on the first day of the month following its publication in the Official Journal of the French Republic.

Article 20
The detailed provisions necessary for the implementation of this Act shall be adopted by decrees issued in the Council of Ministers.

Done on May 2007.

NICOLAS VALÉRIAN​

By the President of the Republic:

Prime Minister
NATHALIE LYON

Minister of the Budget and Public Accounts
CHARLES LEROUX