Preparations to implement
Franco-Dutch Treaty
PHILIPSBURG--Lt. Governor Franklyn Richards says that preparations are underway to prepare the implementation phase of the Franco-Dutch Treaty with respect to joint border controls. No date has been established when these controls will take place, as a number of things have to be put into place.
The treaty between the French Republic and the Kingdom of the Netherlands on the control of persons entering St. Maarten (French and Dutch side) through the airports came into effect on November 10, 2006. The treaty has extended the obligation to obtain a visa to enter Saint Martin through St. Maarten and vice versa.
Based on European Union (EU) regulations, France has a more restrictive visa policy than the Netherlands Antilles. Therefore, more nationalities will now require a visa to enter St. Maarten. The listing first consisted of 13 countries in the region.
Upon request of the Dutch Kingdom on behalf of the Netherlands Antilles, the French Government has agreed to limit the visa requirement for St. Martin (French side) to four countries in the region, namely Dominica, Jamaica, Guyana and Suriname. Negotiations are currently ongoing to also remove Suriname from this list.
“Our island nation will become a country within short and that entails additional responsibilities. Sharing an island, with a world power such as France, requires that we work together on areas of common interests that protect the well-being of our people. The measures to be taken, however, should not infringe upon the rights of the people from both sides of the island, but must serve the purpose for the reasons they have been established,” Governor Richards stated in a Government Information Service (GIS) press release.
Based on the treaty, joint immigration controls will be instituted at the airports on the islands. These controls will be conducted when a risk flight is due at one of the airports.
If a flight is earmarked as a risk flight, this means that the persons on board will be subjected to the controls of the immigration officials of both the Netherlands Antilles and France. The focus of the controls will be to establish that the passengers comply with the entry regulations of both the Netherlands Antilles and France.
With respect to flights that are considered as a risk, this is established in the treaty in two phases. The first phase is prepared by the Committee: The Committee will prepare a list of the nationalities that require a visa to enter St. Maarten.
The second phase is prepared by the Working Group, which is installed by the Committee as prescribed in the treaty. The Working Group will prepare a list of flights that are recommended for the joint immigration controls.
Both the Committee and the Working Group will consist of representatives of the parties to the treaty. One representative must represent the judicial authorities. In discussions with the Central Government, it was established and confirmed that St. Maarten will have ample representation in both the Committee and the Working Group.
It is essential that representatives on a local level participate and have decision- making power. Both the Committee and the Working Group will meet once a year and will be chaired by a representative of the party on whose territory the meeting is held. The parties will host the meetings alternately.
The Central Government has requested St. Maarten to nominate persons to participate in the Committee. Persons nominated by the Executive Council are the Lt. Governor in his capacity as the designated authority on the admittance and expulsion of persons, the Commissioner for Constitutional Affairs, the Commissioner for Economic & Tourism Affairs, the Minister of General & Foreign Affairs and the Minister of Justice. The nominees can in turn nominate a representative to act on their behalf.
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