The Franco-Dutch treaty on Saint Martin border controls, sometimes shortened to the Franco-Dutch treaty and in full the Treaty between the Kingdom of the Netherlands and the French Republic on the control of persons entering Saint Martin through the airports (french: Traité entre le Royaume des Pays-Bas et la République française sur le contrôle des personnes entrant dans Saint Martin sur les aéroports; nl, Verdrag tussen het Koninkrijk der Nederlanden en de Franse Republiek inzake personencontrole op de luchthavens op Sint Maarten), is a treaty between

France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan area ...

and the

Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...

aimed at improving border controls at the two airports on the

divided island This is a list of islands whose land is divided by one or more international borders. Sea islands Lake islands *''De facto'' between Russia (Crimea) ('' disputed'') and Ukraine ** Rotten Sea islands *Among Finland, Norway, and Sweden: **T ...

of Saint Martin. The island is divided into French Saint-Martin (at the time a part of Guadeloupe) and Dutch

Sint Maarten Sint Maarten () is a constituent country of the Kingdom of the Netherlands in the Caribbean. With a population of 41,486 as of January 2019 on an area of , it encompasses the southern 44% of the divided island of Saint Martin, while the nort ...

(at the time a part of the Netherlands Antilles). The airports concerned are

Princess Juliana International Airport Princess Juliana International Airport is the main airport on the Caribbean island of Saint Martin. The airport is located on the Dutch side of the island, in the country of Sint Maarten, close to the shore of Simpson Bay Lagoon. In 2015, the ...

and L'Espérance Airport.

History

The treaty was signed on 17 May 1994 in

Paris Paris () is the Capital city, capital and List of communes in France with over 20,000 inhabitants, most populous city of France, with an estimated population of 2,165,423 residents in 2019 in an area of more than 105 km² (41 sq mi), ma ...

, and is drawn up in both a French and Dutch original.

Ratification

Ratification proved to be difficult in the Netherlands. An advice from the

Estates of the Netherlands Antilles The Parliament of the Netherlands Antilles (; ), also translated as the Estates of the Netherlands Antilles, was the parliament of the Netherlands Antilles. It comprised 22 members, elected for a four-year term in three multi-seat constituencies ...

, which said that the treaty would have negative effects on Sint Maarten's tourist industry, initially blocked the ratification. There had also been objections about the authority of the committee (see below). The parliament of the Kingdom of the Netherlands decided in 1999 to hold off ratification until

made its position clear. Sint Maarten's position was never made clear, however. After France put pressure on the Dutch government, the treaty was eventually ratified in 2006, much to the dismay of the leader of the People's Progressive Alliance.The Daily Herald
Dutch Parliament ratifies Franco-Dutch Treaty
/ref>

Entry into force and implementation

Article 18 specifies that the treaty enters into force on the first day of the third month following a written declaration of both parties that the constitutional ratification procedure has been completed. The treaty entered into force on 1 August 2007. The treaty had yet to be implemented as of early 2016. The Sint Maarten government reported in January 2016 that a joint committee had been meeting, and that there was "steady progress" toward its implementation.

Provisions

The treaty allows for joint border controls to be carried out at the airports of Saint Martin. The treaty specifies that in order for an alien to be admitted to Saint Martin, he needs to have a visa (or a landing permit) for both the Dutch side and the French side. This has caused some controversy on the Dutch side, as that part has a more relaxed

visa regime A visa (from the Latin ''charta visa'', meaning "paper that has been seen") is a conditional authorization granted by a polity to a foreigner that allows them to enter, remain within, or leave its territory. Visas typically include limits on t ...

. The French part is an

outermost region The special territories of members of the European Economic Area (EEA) are the 32 special territories of EU member states and EFTA member states which, for historical, geographical, or political reasons, enjoy special status within or outside ...

of the

European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...

and thus uses its visa list.Governor of Sint Maarten
Implementation of the Franco-Dutch Treaty
Originally, this caused nationals from thirteen countries in the Caribbean region to require visa to land on Princess Juliana Airport which they did not require before. After negotiations, France agreed to limit the additional visa requirements to four countries in the region: Dominica,

Jamaica Jamaica (; ) is an island country situated in the Caribbean Sea. Spanning in area, it is the third-largest island of the Greater Antilles and the Caribbean (after Cuba and Hispaniola). Jamaica lies about south of Cuba, and west of His ...

, Guyana and Suriname. There are negotiations to remove Suriname from the list as well. Joint border controls will be executed at risk flights at both airports. The committee and the working group that have been established by article 13 will draw up a list of flights to be subjected to joint border control. Both the committee and the working group are composed of representatives from both sides and meet once a year. Implementation is held back by Sint Maarten, whose

Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...

Sarah Wescot-Williams said that implementation will harm tourist interests. The treaty was to be implemented on 1 April 2009, but it was postponed as the working group was still not installed.smn-news.com
Police and Foreign Affairs busy Discussing Franco Dutch Treaty
/ref>

References

External links