For the application of this book in the Wallis and Futuna Islands:
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 the Wallis and Futuna Islands”;
2° The references to refusal of entry to French territory are replaced by the reference to refusal of entry to the territory of the Wallis and Futuna Islands;
3° The references to the prefect are replaced by the reference to the senior administrator of the Wallis and Futuna Islands and the references to the mayor and the town hall are replaced by the reference to the chief of district and the district respectively ;
4° References to the judicial court are replaced by reference to the court of first instance;
5° Monetary values expressed in euros are 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 for Foreign Affairs and the Minister responsible for Overseas France” are inserted, 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 reads as follows:
“Art. R. 313-1.-Depending on his declarations regarding the reasons for his trip, the foreign national must present as appropriate:
” 1° For a tourist stay, any document of a nature to establish the purpose and conditions of the stay, and in particular its duration;
” 2° For a professional trip, any document providing details of the traveller’s profession or capacity as well as the establishments or organisations located in the Wallis and Futuna Islands 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 certificate constitutes the document provided for by the 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 hospitalisation, any document proving that the costs of his/her stay in a health establishment in the Wallis and Futuna Islands have been covered either by a social welfare service, a health insurance organisation or a public organisation or, failing this, his/her undertaking to pay these costs, or those of his/her family or a responsible third party, and to pay a renewable advance calculated on the basis of the estimated length of stay as soon as he/she enters the establishment ; in the event of discharge before the expiry of the stipulated period, the fraction exceeding the number of days of presence is returned; these provisions do not apply in the case of seriously ill or injured patients coming to receive emergency care in a health establishment. “;
8° In article R. 313-4, the words: “in mainland France or in Guadeloupe, French Guiana, Martinique, Mayotte and Reunion” are replaced by the words: “in the territory of the Wallis and Futuna Islands”;
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 transport ticket valid for return to the country of habitual residence and whose holder ensures that it remains valid until the date of departure;
” 2° A certificate from a banking establishment located in France or abroad guaranteeing the repatriation of the person concerned in the event that he or she is unable to cover the costs himself or herself, accompanied, where applicable, by a translation into French. “
10° In article R. 313-9:
a) after the words: “documents mentioned in articles R. 313-7 and R. 313-8,” are inserted the words: “a document proving his or her place of residence if it differs from the place where the foreign national is received,”;
b) the words: “by the mayor” and the words “in the town hall” are replaced respectively by the words: “by the gendarmerie services or by the district chief” and by the words: “before one of these authorities”;
12° In article R. 313-12, the last sentence is deleted;
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:
“1° Andorran and Monegasque nationals;
“2° Foreign nationals holding a visa bearing the words: “family of a French national”, issued to the spouses of French nationals and members of their families mentioned in articles L. 423-11 and L. 423-12;
“3° A foreign national holding a travel visa 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 that of a State implementing this Convention and acting on behalf of France, subject to the validity of the said travel visa in the Wallis and Futuna Islands;
“4° A foreign national holding a visa bearing the words: “carte de séjour à solliciter dès l’arrivée dans les îles Wallis et Futuna”;
” 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 to whom an exemption has been granted by the territorial council 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 parliamentary assemblies 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, bearing a mission order issued by this organisation;
” 10° Members of the crews of ships and aircraft making service trips under cover of the documents provided for by international conventions. “;
” 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 reads 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 entry to the Wallis and Futuna Islands to the foreigner is taken by the officer vested with the duties of head of post or by the officer designated by him holding the rank of police lieutenant or higher.
“When the control of persons at the border is carried out by customs officials, the decision to refuse the foreigner entry into the Wallis and Futuna Islands is taken by the official vested with the duties of head of post or by the official designated by him holding the grade 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 competent judge or his delegate shall set the day and time of the hearing.
“Notice thereof shall be given by the registrar, immediately and by any means, to the head of the border control service or to the official designated by him, to the higher administrator of the Wallis and Futuna Islands, 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 is worded 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, is heard. A representative of the higher administrator of the Wallis and Futuna Islands 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° Article R. 342-11 reads as follows:
“Art. R. 342-11.-On pain of inadmissibility, the first president or his delegate is 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 with an indication of the date and time.
“When the statement of appeal is received by the registrar of the court of first instance, the latter shall without delay forward a copy of the statement of appeal and the case file to the registry of the court of appeal.
“When the statement of appeal is received by the registrar of the court of appeal, the latter shall immediately notify the registrar of the court of first instance who shall without delay forward the case file to the registry 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, a representative of the higher administrator of the Wallis and Futuna Islands, the foreign national’s lawyer and the foreign national himself may ask to be heard at the hearing. “
22° In article R. 342-18, the second sentence is deleted and the second paragraph is worded as follows:
“The order is communicated to the public prosecutor. It shall be notified on the spot to the foreign national and his or her counsel, if any, to the authority that ordered the detention in the waiting area, and to the higher administrator of the Wallis and Futuna Islands. The parties present shall acknowledge receipt. The Registrar shall notify it by any means and as soon as possible to the other parties, who shall acknowledge receipt. “
23° In Article R. 342-19, the second paragraph reads as follows:
“The appeal in cassation is open to the foreigner, the higher administrator of the Wallis and Futuna Islands and the public prosecutor. “;
24° In article R. 343-5, the reference to the children’s judge is replaced by the reference to the president of the court of first instance and the reference to the president of the departmental council is replaced by the reference to the higher administrator of the Wallis and Futuna Islands;
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 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 of 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: “and based in the Wallis and Futuna Islands” are inserted;
28° In article R. 343-20, the words: “ten persons” are replaced by the words: “five persons” and a paragraph is added to the same article as follows:
“Subject to the requirements of public order and transport safety, an authorised association may have access, via one or two approved 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.