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 (; ), is a treaty between

France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...

and the

Netherlands , Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Nether ...

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 Island countries Non-island countries Both island countries and non-island countries Lake islands *Among Finland, Norway, and ...

Saint Martin Saint Martin may refer to: People * Saint Martin of Tours (c. 316–397), Bishop of Tours, France * Saint Martin of Braga (c. 520–580), archbishop of Bracara Augusta in Gallaecia (now Braga in Portugal) * Pope Martin I (c. 595–655), bishop of R ...

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

Sint Maarten Sint Maarten () is a Countries of the Kingdom of the Netherlands, constituent country of the Kingdom of the Netherlands located in the Caribbean region of North America. With a population of 58,477 as of June 2023 on an area of , it encompasses ...

(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 L'Esperance or L'Espérance (French for "The Hope"), may refer to: *L'Espérance (newspaper), Guinean newspaper * L'Esperance, U.S. Virgin Islands *L'Esperance Historic District, U.S. Virgin Islands * ''L'Espérance'' (ship), a French privateer shi ...

. Implementation has been delayed for several years by the government of Sint Maarten.

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, largest city of France. With an estimated population of 2,048,472 residents in January 2025 in an area of more than , Paris is the List of ci ...

, 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 a ...

, 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

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 for admittance to Saint Martin, an alien must 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 (; also known as visa stamp) 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 the duration of the foreigner's stay, area ...

. The French part is an

outermost region The special territories of members of the European Economic Area (EEA) are the 32 special territories of Member state of the European Union, EU member states and European Free Trade Association, EFTA member states which, for historical, geograph ...

of the

European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...

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 Dominica, officially the Commonwealth of Dominica, is an island country in the Caribbean. It is part of the Windward Islands chain in the Lesser Antilles archipelago in the Caribbean Sea. The capital, Roseau, is located on the western side of t ...

Jamaica Jamaica is an island country in the Caribbean Sea and the West Indies. At , it is the third-largest island—after Cuba and Hispaniola—of the Greater Antilles and the Caribbean. Jamaica lies about south of Cuba, west of Hispaniola (the is ...

Guyana Guyana, officially the Co-operative Republic of Guyana, is a country on the northern coast of South America, part of the historic British West Indies. entry "Guyana" Georgetown, Guyana, Georgetown is the capital of Guyana and is also the co ...

and

Suriname Suriname, officially the Republic of Suriname, is a country in northern South America, also considered as part of the Caribbean and the West Indies. It is a developing country with a Human Development Index, high level of human development; i ...

. 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 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. A prime minister is not the head of state, but r ...

Sarah Wescot-Williams Sarah A. Wescot-Williams (born 8 April 1956) is the leader of the Democratic Party of Sint Maarten and the first Prime Minister of Sint Maarten The prime minister of Sint Maarten became the head of government of Sint Maarten after the Netherlan ...

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