February 9,1999
To The High Commissioner of the
French Republic
in French Polynesia
Madam, Sir,
I've received your letter dated the 27th of January 1999 in which
you have asked me to resolve your situation on the French
territory. First please observe that I was not the principle
recipient of your letter of November 19th 1998, since your letter
was actually addressed to the Gendarmerie of Hiva Oa.
Furthermore your request does not state precisely your intentions
in regard to the length of your desired stay in French Polynesia;
so realize that you must distinguish if your stay would be as a
tourist, or if you wish to establish yourself here for a longer
amount of time.
In either hypothesis, I declare that you are in violation of the
law, since a Visa is required for Americans after one month and
for Europeans after three months, and you've entered Polynesia
October 19, 1998.
I hereby confirm that all foreigners, including members of the
European Community, are under obligation to have a return ticket
to their home country or must pay the necessary bond deposit
equivalent to the price of a one way ticket to their home
country.
Indeed, since the bill of the State Council of December 20, 1995,
only French citizens are exempt of this obligation (the bill
attempting to change this law, of which you mention, not having
passed). European tourists actually having the three-month Visa
may solicit in advance the extension of this stay to a maximum of
six months.
Your general attitude seems to imply the assumption that, since
members of the European Community base their actions on the
principle of free circulation within Europe, they also have the
right to free access to the French Overseas territories.
So, as I've indicated to the honorary council of Germany in
French Polynesia, French Overseas Territory are not part of the
European territory of the French Republic. Also, the Treaty of
Rome and the Treaty of Maastricht are no more applicable here
than the principle of free circulation for Europeans here.
True that there exists a decision from the Council of the
European Community relative to the association of overseas
countries and territories to the European Economic Community,
according to which CEE citizens have a right of establishment and
of free offering of private business in the territories. The only
beneficiaries of this right to residency in Polynesia are those
people who wish to establish an independent business activity
here.
In all cases this allowance of residency and to conduct business
is subject to certain factors which temper this right. Indeed,
conforming to the above-mentioned association, in order to
protect local employment, a work authorization could be refused
if the proposed activity concerns a sensitive employment sector
in the Territory.
Furthermore, "non-business oriented" members of the CEE
must be able to justify sufficient resources for their stay
without necessitating work. The same as for the
"business-oriented" applicants for residency, neither
of these cases have an implicit right to residency in Polynesia.
The residency permit is delivered for a period of 5 years. These
dispositions are applicable to the German spouses of French
citizens as well as to spouses of German citizens.
I hope that this general information will enlighten you on the
applicable rights of foreigners in the Territory and that you
will, in the future, behave with more moderation in your various
written and telephone communications.
As for your situation, please send me by mail:
- A photocopy of your passport (pages relative to your identity
the validity of the document and the date of entry in the
Territory
-A copy of your boat papers.
If you wish to obtain the five year residency permit, you will
also have to send all relative complementary elements: your
financial resources (bank statement), your social security
coverage, and your eventual investment project or promise of
employment.
My distinguished sentiments while awaiting the above documents,
Monsieur Michel Jeanjean
The General Secretary of the High commissioner of French
Polynesia
BP 115, Papeete, Tahiti