Chapter V: PROVISIONS APPLICABLE IN FRENCH POLYNESIA

For the application of this book in French Polynesia:
1° With the exception of the first paragraph of Article R. 313-3 and Articles D. 312-3 and R. 343-31, the words "in France" are replaced by the words: "on the territory of French Polynesia";
2° References to refusal of entry to French territory are replaced by references to refusal of entry to the territory of French Polynesia;

3° References to the Prefect are replaced by references to the High Commissioner of the Republic in French Polynesia;

4° References to the court of first instance are replaced by references to the court of first instance;
5° Monetary values expressed in euros shall be replaced by their equivalent value in CFP francs;
6° In Article R. 311-1, after the words: "the Minister responsible for immigration", the words: "the Minister of Foreign Affairs and the Minister responsible for Overseas Territories" are inserted, and the words: "documents provided for in Article L. 311-1" are replaced by the words: "documents provided for in 1° of Article L. 311-1";
6° bis In article R. 312-8, the reference to articles D. 312-5-1, D. 312-5-2 and D. 312-7-2 is replaced by the reference to articles D. 312-5-1 and D. 312-5-2;
7° Article R. 313-1 is worded as follows:

"Art. R. 313-1.-According to their declarations regarding the reasons for their trip, foreign nationals must present, depending on the case:
1° In the case of a tourist trip, any document that establishes the purpose and conditions of the trip, and in particular its duration;
" 2° In the case of a business trip, any document that establishes the purpose and conditions of the trip, and in particular its duration 2° For a business trip, any document giving details of the traveller's profession or status and the establishments or organisations located in French Polynesia through which he is expected;
" 3° For a private visit, any document giving details of the traveller's profession or status and the establishments or organisations located in French Polynesia through which he is expected "3° For a private visit, a reception certificate signed by the person who proposes to provide accommodation for the foreign national. This attestation d'accueil is the document provided for in international agreements to which France is a party to justify the conditions of stay in the case of a family or private visit;
" 4° For a stay motivated by the need to visit a foreign national, an attestation d'accueil signed by the person who proposes to provide accommodation for the foreign national. "4° For a stay motivated by hospitalisation, any document justifying that he/she meets the conditions required by the regulations in force locally for admission to public hospital establishments, except in the case of seriously ill or injured persons coming to receive emergency treatment in a health establishment. "8° In article R. 313-4, the words: "on mainland France or in Guadeloupe, French Guiana, Martinique, Mayotte and Reunion" are replaced by the words: "on the territory of French Polynesia". 9° Article R. 313-5 reads as follows:

"Art. R. 313-5.-The following in particular are considered as documents relating to repatriation guarantees:
1° A ticket valid for return travel to the country of habitual residence, the validity of which the bearer ensures remains unchanged until the date of departure;
" 2° A certificate from an insurance company that the bearer has a valid ticket for return travel to the country of habitual residence. "2° A certificate from a banking establishment located in France or abroad guaranteeing the repatriation of the person concerned in the event that they are unable to cover the costs themselves, accompanied, where applicable, by a translation into French. "

10° In article R. 313-9:
a) after the words: "the documents mentioned in articles R. 313-7 and R. 313-8," the following words are inserted: "a document proving the foreign national's place of residence if this is different from the place where the foreign national is received,";
b) the words: "by the mayor" and the words: "at the town hall" are replaced respectively by the words: "by the mayor of the municipality or by the head of the administrative subdivision in which the signatory resides" and by the words: "before one of these authorities";
11° In article R. 313-12, the last sentence is deleted;
12° In Article R. 313-13, the words: "the mayor" and the words: "the mayor sends to the prefect" are replaced respectively by the words: "the mayor of the municipality and the head of the administrative subdivision where the signatory resides" and by the words: "the mayor of the municipality or, where applicable, the head of the administrative subdivision where the signatory resides sends to the High Commissioner of the Republic in French Polynesia";
> 13. 13° Article R. 313-14 reads as follows:

"Art. R. 313-14.-The documents provided for in articles R. 313-1 to R. 313-4 and R. 313-6 to R. 313-8 are exempt:
"1° Andorran and Monegasque nationals;

and 3° A foreign national holding a travel visa as defined by the Convention implementing the Schengen Agreement, valid for several entries and valid for at least one year and issued by a French consular authority or by the authority of a State implementing this Convention and acting on behalf of France, subject to the validity of the said travel visa in French Polynesia;
" 4° A foreign national holding a travel visa as defined by the Convention implementing the Schengen Agreement, valid for several entries and valid for at least one year and issued by a French consular authority or by the authority of a State implementing this Convention and acting on behalf of France, subject to the validity of the said travel visa in French Polynesia 4° Foreign nationals holding a visa bearing the words: "residence permit to be applied for on arrival in French Polynesia";
" 5° Members of diplomatic missions in French Polynesia 5° Members of diplomatic missions and consular posts and their dependent family members coming from abroad to take up their duties in France;
" 6° Persons for whom a dispensation has been granted by the Ministry of Foreign Affairs. 6° Persons to whom an exemption has been granted by the Council of Ministers of French Polynesia in accordance with 3° of Article L. 312-6;
" 7° Persons to whom an exemption has been granted by the Council of Ministers of French Polynesia in accordance with 3° of Article L. 312-6;
" 8° Persons to whom an exemption has been granted by the Council of Ministers of French Polynesia in accordance with 3° of Article L. 312-6 7° Persons to whom an exemption has been granted by the French consular authorities in their country of residence;
" 8° Members of the Assemblies of French Polynesia 8° Members of the parliamentary assemblies of foreign States;
" 9° Civil servants, officers and employees of foreign States 9° Civil servants, officers and agents of foreign public services when they are bearers of a mission order from their government or civil servants of an intergovernmental organisation of which France is a member, bearers of a mission order issued by this organisation;
" 10° Members of crews of foreign States when they are bearers of a mission order from their government or civil servants of an intergovernmental organisation of which France is a member, bearers of a mission order issued by this organisation 10° Members of ships' and aircraft's crews travelling on official business under cover of the documents provided for by international conventions;
" 11° Foreign nationals referred to in "11° Foreign nationals mentioned in 6° to 8°, 10°, 13° and 15° to 17° of article R. 431-16. ";

14° In article R. 313-16, after the words: "trade and company register or trade register", the words: "or their local equivalent" are inserted;
15° Article R. 332-1 is worded as follows:

"Art. R. 332-1.-When the control of persons at the border is carried out by national police officers, the decision to refuse the foreigner entry into French Polynesia is taken by the officer in charge of the post or by the officer designated by him who holds the rank of police lieutenant or higher.
When the border control of persons is carried out by customs officials, the decision to refuse the foreigner entry into French Polynesia is taken by the official in charge of the post or by the official designated by him holding the rank of controller or higher.
"In the airports assigned to customs officials, the decision to refuse the foreigner entry into French Polynesia is taken by the official in charge of the post or by the official designated by him holding the rank of controller or higher. "In aerodromes assigned exclusively or primarily to the Ministry of Defence, this decision may also be taken by the unit commander of the maritime gendarmerie or the air gendarmerie or by a member of the military designated by him, holding at least the rank of gendarme. "

16° Article R. 342-5 reads as follows:

"Art. R. 342-5.-On receipt of the application, the president of the court of first instance the competent judge or his delegate shall set the day and time of the hearing.
"Notice is given by the court clerk, immediately and by any means, to the head of the border control service or to the official designated by him, to the High Commissioner of the Republic in French Polynesia, to the public prosecutor, to the foreign national and to his lawyer, if he has one";

17° In Article R. 342-7, the first paragraph reads as follows:
"At the hearing, the head of the border control service or the official designated by him, at his request or that of the judge, shall be heard. A representative of the High Commissioner of the Republic in French Polynesia may ask to be heard. "
18° In Article R. 342-10, the words: "twenty-four hours" are replaced by the words: "four days" and the third sentence is deleted;
19° In Article R. 342-10, the words: "twenty-four hours" are replaced by the words: "four days" and the third sentence is deleted. 19° Article R. 342-11 is worded as follows:

"Art. R. 342-11.-On pain of inadmissibility, the first president or his delegate shall be seised by a reasoned statement made or delivered by any means to the registry of the court of first instance or the court of appeal. The statement shall be recorded, stating the date and time
. When the statement of appeal is received by the clerk of the court of first instance, the latter shall without delay send a copy of the statement of appeal and the case file to the clerk of the court of appeal.
"When the statement of appeal is received by the clerk of the court of first instance, the latter shall without delay send a copy of the statement of appeal and the case file to the clerk of the court of appeal. "When the statement of appeal is received by the clerk of the court of appeal, the latter shall immediately notify the clerk of the court of first instance who shall without delay forward the file to the clerk's office of the court of appeal. "20° The second sentence of Article R. 342-15 is deleted;
21° In article R. 342-17, the second paragraph reads as follows:
"The head of the border control service or the official designated by him/her, a representative of the High Commissioner of the Republic in French Polynesia, the foreign national's lawyer and the foreign national him/herself may ask to be heard at the hearing. "
22° In Article R. 342-18, the second sentence is deleted and the second paragraph reads as follows:
"The order is communicated to the foreign national's lawyer. "The Public Prosecutor is notified of the order. It shall be notified on the spot to the foreign national and his or her counsel, if any, to the authority that decided to keep the foreign national in the waiting area, and to the High Commissioner of the Republic in French Polynesia. The parties present shall acknowledge receipt. The court clerk shall notify the other parties, who shall acknowledge receipt, by any means and as soon as possible. "
23° The second paragraph of Article R. 342-19 reads as follows:
"The appeal to the Supreme Court shall be lodged with the Court of Appeal. "The appeal in cassation is open to foreign nationals, the High Commissioner of the Republic in French Polynesia and the Public Prosecutor's Office. "
24° In article R. 343-5, the words: "the President of the Departmental Council" are replaced by the words: "the President of French Polynesia" ;
25° In articles R. 343-25 and R. 343-31, after the words: "mentioned in article L. 7111-6 of the Labour Code" are inserted the words: "or recognised as a journalist pursuant to the provisions having the same purpose applicable in the collectivity";
26° In articles R. 343-16 and R. 343-23, the words: "and the agents of the French Office for Immigration and Integration responsible for humanitarian assistance" are deleted;
27° In article R. 343-19, the words: "five years" are replaced by the words "one year" and after the words: "medical or social assistance", the words: "based in French Polynesia" are inserted;
28° In article R. 343-20, the words "ten persons" are replaced by the words "five persons" and the following paragraph is added to the same article:
"Subject to the needs of the French Polynesian authorities". "Subject to the requirements of public order and transport safety, an authorised association may have access, via one or two authorised representatives, to each waiting area eight times a year, between 8am and 8pm. "
29° The second paragraph of Article R. 351-1 is not applicable;
30° In article R. 351-3, the words: "Except where the examination of the asylum application falls within the jurisdiction of another State," are deleted.