MARIGOT–Implementing a full-time Police aux Frontières (PAF) border protection liaison officer at Princess Juliana International Airport due to the increase in immigration and establishing joint customs screening teams at both of the island’s airports were among considerations to be studied because of the fourth quadripartite meeting held in Paris on Thursday.
Difficulties in operational coordination to combat illegal trafficking on land, sea and air was cited as the reason for the latter point.
The French Ministry of Overseas Territories, elaborating on the meeting between France, The Netherlands, St. Martin and Sint Maarten that it was driven by the desire to consolidate and deepen the bonds of friendship between the two states and St. Martin and Sint Maarten, and intended to reinforce cooperation in all the areas and in particular the three points identified in the European summit on November 17, 2017, in Goteburg by President Emmanuel Macron and Dutch Prime Minister Mark Rutte, namely: (1) reconstruction after Hurricane Irma; (2) knowledge, organisation and control of flows; and (3) the fight against organised fraud.
Parties agreed on the need to create the conditions for development of regional cooperation with neighbouring territories and states; this implies an attention to transport, both by air and sea. This transport facilitation goes hand in hand with affirmation of a shared objective of knowledge and control of flows.
About circulation of persons, the parties agree on the need to combat immigration and to oppose the violations of human rights which sometimes accompanies it. About the circulation of goods, the parties confirm their willingness to acquire together the means of better visibility on the exchange of goods. Finally, the parties confirm, by agreement, their will to make the fight against fraud a main priority.
Cooperation is already fruitful in judicial, police, and customs matters. The parties undertake to increase the effectiveness of their partnership in these three areas and will explore ways to expand it in the tax and social fields. The following are the 13 articles all parties agreed to work on:
Article 1: Simpson Bay Lagoon
The waters of Simpson Bay Lagoon are divided territorially between St. Martin and Sint Maarten. Following the hurricanes of 2017, many vessels sank in the lagoon, causing environmental pollution and damage, jeopardizing the safety of mariners. The authorities shall jointly determine the objective of the removal, processing and securing of wrecks before the start of the next tourist season. This is a necessary first step in achieving joint management of Simpson Bay Lagoon, co-financed by the European Territorial Cooperation Programme 2014-2020.
Article 2: Treatment
and recovery of waste.
The parties recall that waste management must be dealt with in a long-term strategy. Although both territories are governed by different environmental legislation, the parties intend to work towards the definition and implementation of an orientation for sustainable management of waste, including its storage, treatment and disposal. The parties intend to begin discussions on this matter as soon as possible, to develop and agreement by March 2019.
Article 3: Crisis Management
In the light of the events of 2017, the parties stress that elaboration of a cooperation agreement on crisis management is more than necessary. It is essential to have a shared and coordinated vision of the actions to be taken in terms of alerting and communicating with the population. The parties agree that joint reflection work will be carried out to formalize the exchange of information and materials, as well as sharing of infrastructure, and means of communication in crisis situations, with the objective of drafting a framework of action by the end of 2018.
Article 4: Fire Fighting
The 1996 agreement signed between St. Martin and Sint Maarten should serve as a basis for cooperation in firefighting. The parties shall set themselves the objective of examining jointly as soon as possible a draft emergency plan to facilitate as necessary, fire and rescue services on both sides of the border and update the 1996 agreement about burden-sharing and shared responsibility by December 2018.
Article 5: Maritime traffic
The parties recall that an administrative arrangement was discussed in 2017 to govern maritime traffic between Anguilla/ St. Martin/ Sint Maarten regarding the passage of ships in French territorial waters. The parties agree to finalize and conclude the agreement by November 2018.
Article 6: Flow of Goods
The parties note that the main point of entry of goods into the Island is in Phillipsburg. Close collaboration between St. Martin and Sint Maarten is necessary to create more traceability for the flow of goods with the objective of allowing clarification of product flows and quality monitoring to facilitate the operations of customs clearance and strengthen action to combat fraud. The authorities decide, based on reciprocity, to study the establishment of a mechanism for periodical communication data relating to flows (both import and export) processed in the difficulties in operational coordination to combat illegal trafficking on land, sea and air.
Article 7: Civil Aviation
The parties recall that air transport is currently managed by the MOU’s of 1973 and 1986. The necessary improvement of air connections between the territories presupposes to encourage local cooperation in air transport. The authorities claim their willingness to act in this direction with the possibility of negotiation on a new agreement, in accordance with the international legal framework and the principle of reciprocity.
Article 8: Immigration
The parties note that cooperation between French Border Police services (PAF) and the immigration services of Sint Maarten is very satisfactory (presence of the PAF at Princess Juliana International Airport and weekly Alfa Team meetings) even if the rules of entry, movement and asylum are different between the two sovereign states. However, St. Martin and Sint Maarten are facing an increase in migration flows and must respond to the need to develop strategies to combat the underground economy, including illegal work, in context of reconstruction.
Beyond the creation of a multidisciplinary team, the French authorities will study the establishment of a full-time PAF liaison officer at Princess Juliana International Airport. The parties agree on the reciprocal presence of immigration officers at airports in both territories, and on the study for extension to port, marinas and commercial port entry points.
Article 9: Customs Cooperation
The parties recall that customs cooperation is not addressed in the police cooperation of 2015 but governed by a convention on administrative assistance and cooperation in the Caribbean region signed in 2010 between France and the Netherlands. The exchange of information is efficient; however, customs services meet with difficulties in operational coordination to combat land, air and sea trafficking. Therefore, parties intend to create the conditions for the establishment of joint screening teams at the two airports and are considering the formalisation of exchanges between Coast Guard Brigade and its counterparts with a monthly meeting.
Article 10: Police Co-operation
The Parties stress that police cooperation has been the subject of a treaty signed in 2015, the impact of which is very positive (exchange of information and means of communication). However, it requires cooperation action to be initiated for surveillance of maritime and air space. To this end, the parties shall continue their efforts to strengthen the means of implementation and, if necessary, amend existing legal instruments (regular coordination meetings, formalisation of procedure and contact sheets).
Article 11: Judicial cooperation
The authorities note that judicial cooperation between the two parts of the island works well with regular meetings. However, some procedures remain long and tedious including extraditions that require the endorsement of multiple entities and the sending of documents. The parties agree to work towards identifying the complexity of procedures and strive to study and eliminate obstacles; emphasis will be on formalisation, through a legal text, assistance in criminal matters and simplified proceedings.
Article 12: Taxation
The parties recall their common commitment to the fight against fraud and tax evasion. Mutual assistance between the two territories must be strengthened about both information exchange. They agree to work together on the definition of the most appropriate legal measure to achieve these objectives rapidly. By September 2018, a working group, consisting of the appropriate authorities will be put in place to explore possible solutions to prevent and eliminate situations of double taxation.
Article 13: Fraud in social benefits
The Parties reaffirm their commitment to fight against all forms of fraud. The combating fraud in social benefits to persons domiciled on the other part of the island is a priority in this respect. An exchange between St. Martin and Sint Maarten would allow for a better fight against fraud. The parties announce their willingness to establish a conventional framework for the exchange of information.
Source: The Daily Herald https://www.thedailyherald.sx/islands/78149-full-time-paf-officer-at-pjia-joint-customs-screening-to-be-considered
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