French Code of civil enforcement procedures
In forceThe court may only authorise precautionary measures or compulsory execution measures in respect of property belonging to a foreign State if one of the following conditions is met:
1° The State concerned has expressly consented to the application of such a measure;
2° The State concerned has reserved or allocated this property to the satisfaction of the claim which is the subject of the proceedings;
3° Where a judgment or arbitral award has been rendered against the State concerned and the property in question is specifically used or intended to be used by the said State other than for non-commercial public service purposes and maintains a link with the entity against which the proceedings have been brought.
For the application of 3°, the following assets are considered to be specifically used or intended to be used by the State for non-commercial public service purposes:
a) Property, including bank accounts, used or intended to be used in the performance of the functions of the diplomatic mission of the State or its consular posts, its special missions, its missions to international organisations, or its delegations to the bodies of international organisations or to international conferences;
b) Goods of a military nature or goods used or intended to be used in the performance of military duties;
c) Goods forming part of the State's cultural heritage or its archives which are not offered or intended to be offered for sale;
d) Goods forming part of an exhibition of objects of scientific, cultural or historical interest which are not offered or intended to be offered for sale;
e) State tax or social security debts.
