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St Barth, French West Indies Law Firm

07/03/2007

New Powers

Article LO 6214-1. - The territorial authority (collectivité territoriale) exercises powers devolved by laws and regulations applying to district councils (communes) and powers devolved to the administrative department (département) of Guadeloupe.

Article LO 6214-2. - In accordance with the conditions laid down in Article LO 6251-5, the authority may adapt law and regulations which apply locally.

Article LO 6214-3. - I. - The authority lays down the applicable rules in the following areas:

1. Tax, duties and levies in accordance with the conditions provided for by Article LO 6214-4; land registry;

2. Town planning; construction; accommodation; housing;

3. Road traffic and road transport; liner service which is beneficial to the territorial authority; registration of ships; creation, development and use of sea ports, with the exception of employment rules;

4. Road maintenance; land law and property of the territorial authority;

5. Environment including the protection of wooded areas;

6. Foreigners' access to employment;

7. Energy;

8. Tourism;

9. Creation and organisation of services and public institutions for the territorial authority.

However, the State will continue to have powers to lay down the rules relating to carrying out inquiries, reporting and punishing criminal offences.

As an exception to point 2, the State authorities issue, in the scope of the regulations applying to Saint Barthélemy and with the approval of the Executive Council, authorisations or acts relating to land use and development for buildings, installations or work carried out on behalf of the State and public institutions.

vII. - In the event where the territorial authority of Saint Barthélemy is granted status as an "overseas country and territory of the European Union and European Communites", the territorial authority will have powers, upon acquiring such status, relating to customs matters, with the exception of French mandatory import and export prohibitions and international undertakings, rules relating to carrying out inquiries, reporting and punishing criminal offences, and litigation proceedings in customs matters.

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Emmanuel Jacques Almosnino Practice Areas

Real Estate / Wealth Management
Corporate Structuring
International Taxation
Litigation

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