Agreement on the Gaza Strip & the Jericho area
Documents
May
04, 1994
The Government
of the State of Israel and the Palestine Liberation Organization
(hereinafter "the PLO"), the representative of the Palestinian
people;
PREAMBLE
WITHIN the
framework of the Middle East peace process initiated at Madrid
in October 1991;
REAFFIRMING
their determination to live in peaceful coexistence, mutual
dignity and security, while recognizing their mutual legitimate
and political rights;
REAFFIRMING
their desire to achieve a just, lasting and comprehensive peace
settlement through the agreed political process;
REAFFIRMING
their adherence to the mutual recognition and commitments
expressed in the letters dated September 9, 1993 , signed by and
exchanged between the Prime Minister of Israel and the Chairman
of the PLO;
REAFFIRMING
their understanding that the interim self-government
arrangements, including the arrangements to apply in the Gaza
Strip and the Jericho Area contained in this Agreement, are an
integral part of the whole peace process and that the
negotiations on the permanent status will lead to the
implementation of Security Council Resolutions 242 and 338;
DESIROUS of
putting into effect the Declaration of Principles on Interim
Self-Government Arrangements signed at Washington, D.C. on
September 13, 1993, and the Agreed Minutes thereto (hereinafter
"the Declaration of Principles"), and in particular the Protocol
on withdrawal of Israeli forces from the Gaza Strip and the
Jericho Area;
HEREBY AGREE
to the following arrangements regarding the Gaza Strip and the
Jericho Area:
ARTICLE I
DEFINITIONS
For the purpose of this Agreement:
a. the Gaza
Strip and the Jericho Area are delineated on map No. 1 and map
No. 2 attached to this Agreement;
b. "the
Settlements" means the Gush Katif and Erez settlement areas, as
well as the other settlements in the Gaza Strip, as shown on
attached map No. 1;
c. "the
Military Installation Area" means the Israeli military
installation area along the Egyptian border in the Gaza Strip,
as shown on map No. 1; and
d. the term
"Israelis" shall also include Israeli statutory agencies and
corporations registered in Israel.
ARTICLE II
SCHEDULED WITHDRAWAL OF ISRAELI MILITARY FORCES
1. Israel
shall implement an accelerated and scheduled withdrawal of
Israeli military forces from the Gaza Strip and from the Jericho
Area to begin immediately with the signing of this Agreement.
Israel shall complete such withdrawal within three weeks from
this date.
2. Subject to
the arrangements included in the Protocol Concerning Withdrawal
of Israeli Military Forces and Security Arrangements attached as
Annex I , the Israeli withdrawal shall include evacuating all
military bases and other fixed installations to be handed over
to the Palestinian Police, to be established pursuant to Article
IX below (hereinafter "the Palestinian Police").
3. In order to
carry out Israel's responsibility for external security and for
internal security and public order of Settlements and Israelis,
Israel shall, concurrently with the withdrawal, redeploy its
remaining military forces to the Settlements and the Military
Installation Area, in accordance with the provisions of this
Agreement. Subject to the provisions of this Agreement, this
redeployment shall constitute full implementation of Article
XIII of the Declaration of Principles with regard to the Gaza
Strip and the Jericho Area only.
4. For the
purposes of this Agreement, "Israeli military forces" may
include Israel police and other Israeli security forces.
5. Israelis,
including Israeli military forces, may continue to use roads
freely within the Gaza Strip and the Jericho Area. Palestinians
may use public roads crossing the Settlements freely, as
provided for in Annex I.
6. The
Palestinian Police shall be deployed and shall assume
responsibility for public order and internal security of
Palestinians in accordance with this Agreement and Annex I.
ARTICLE III
TRANSFER OF AUTHORITY
1. Israel
shall transfer authority as specified in this Agreement from the
Israeli military government and its Civil Administration to the
Palestinian Authority, hereby established, in accordance with
Article V of this Agreement, except for the authority that
Israel shall continue to exercise as specified in this
Agreement.
2. As regards
the transfer and assumption of authority in civil spheres,
powers and responsibilities shall be transferred and assumed as
set out in the Protocol Concerning Civil Affairs attached as
Annex II .
3.
Arrangements for a smooth and peaceful transfer of the agreed
powers and responsibilities are set out in Annex II.
4. Upon the
completion of the Israeli withdrawal and the transfer of powers
and responsibilities as detailed in paragraphs 1 and 2 above and
in Annex II, the Civil Administration in the Gaza Strip and the
Jericho Area will be dissolved and the Israeli military
government will be withdrawn. The withdrawal of the military
government shall not prevent it from continuing to exercise the
powers and responsibilities specified in this Agreement.
5. A Joint
Civil Affairs Coordination and Cooperation Committee
(hereinafter "the CAC") and two Joint Regional Civil Affairs
Subcommittees for the Gaza Strip and the Jericho Area
respectively shall be established in order to provide for
coordination and cooperation in civil affairs between the
Palestinian Authority and Israel, as detailed in Annex II.
6. The offices
of the Palestinian Authority shall be located in the Gaza Strip
and the Jericho Area pending the inauguration of the Council to
be elected pursuant to the Declaration of Principles.
ARTICLE IV
STRUCTURE AND COMPOSITION OF THE PALESTINIAN AUTHORITY
1. The
Palestinian Authority will consist of one body of 24 members
which shall carry out and be responsible for all the legislative
and executive powers and responsibilities transferred to it
under this Agreement, in accordance with this Article, and shall
be responsible for the exercise of judicial functions in
accordance with Article VI, subparagraph 1.b. of this Agreement.
2. The
Palestinian Authority shall administer the departments
transferred to it and may establish, within its jurisdiction,
other departments and subordinate administrative units as
necessary for the fulfillment of its responsibilities. It shall
determine its own internal procedures.
3. The PLO
shall inform the Government of Israel of the names of the
members of the Palestinian Authority and any change of members.
Changes in the membership of the Palestinian Authority will take
effect upon an exchange of letters between the PLO and the
Government of Israel.
4. Each member
of the Palestinian Authority shall enter into office upon
undertaking to act in accordance with this Agreement.
ARTICLE V
JURISDICTION
1. The
authority of the Palestinian Authority encompasses all matters
that fall within its territorial, functional and personal
jurisdiction, as follows:
2. The
territorial jurisdiction covers the Gaza Strip and the Jericho
Area territory, as defined in Article I, except for Settlements
and the Military Installation Area.
a. Territorial
jurisdiction shall include land, subsoil and territorial waters,
in accordance with the provisions of this Agreement.
b. The
functional jurisdiction encompasses all powers and
responsibilities as specified in this Agreement. This
jurisdiction does not include foreign relations, internal
security and public order of Settlements and the Military
Installation Area and Israelis, and external security.
c. The
personal jurisdiction extends to all persons within the
territorial jurisdiction referred to above, except for Israelis,
unless otherwise provided in this Agreement.
3. The
Palestinian Authority has, within its authority, legislative,
executive and judicial powers and responsibilities, as provided
for in this Agreement.
a. Israel has
authority over the Settlements, the Military Installation Area,
Israelis, external security, internal security and public order
of Settlements, the Military Installation Area and Israelis, and
those agreed powers and responsibilities specified in this
Agreement.
b. Israel
shall exercise its authority through its military government,
which, for that end, shall continue to have the necessary
legislative, judicial and executive powers and responsibilities,
in accordance with international law. This provision shall not
derogate from Israel's applicable legislation over Israelis in
personam.
4. The
exercise of authority with regard to the electromagnetic sphere
and airspace shall be in accordance with the provisions of this
Agreement.
5. The
provisions of this Article are subject to the specific legal
arrangements detailed in the Protocol Concerning Legal Matters
attached as Annex III . Israel and the Palestinian Authority may
negotiate further legal arrangements.
6. Israel and
the Palestinian Authority shall cooperate on matters of legal
assistance in criminal and civil matters through the legal
subcommittee of the CAC.
ARTICLE VI
POWERS AND RESPONSIBILITIES OF THE PALESTINIAN AUTHORITY
1. Subject to
the provisions of this Agreement, the Palestinian Authority,
within its jurisdiction:
a. has
legislative powers as set out in Article VII of this Agreement,
as well as executive powers;
b. will
administer justice through an independent judiciary;
c. will have,
inter alia, power to formulate policies, supervise their
implementation, employ staff, establish departments, authorities
and institutions, sue and be sued and conclude contracts; and
d. will have,
inter alia, the power to keep and administer registers and
records of the population, and issue certificates, licenses and
documents.
2.
a.
In
accordance with the Declaration of Principles, the Palestinian
Authority will not have powers and responsibilities in the
sphere of foreign relations, which sphere includes the
establishment abroad of embassies, consulates or other types of
foreign missions and posts or permitting their establishment in
the Gaza Strip or the Jericho Area, the appointment of or
admission of diplomatic and consular staff, and the exercise of
diplomatic functions.
b.
Notwithstanding the provisions of this paragraph, the PLO may
conduct negotiations and sign agreements with states or
international organizations for the benefit of the Palestinian
Authority in the following cases only:
1. economic
agreements, as specifically provided in Annex IV of this
Agreement;
2. agreements
with donor countries for the purpose of implementing
arrangements for the provision of assistance to the Palestinian
Authority;
3. agreements
for the purpose of implementing the regional development plans
detailed in Annex IV of the Declaration of Principles or in
agreements entered into in the framework of the multilateral
negotiations; and
4. cultural,
scientific and educational agreements.
c. Dealings
between the Palestinian Authority and representatives of foreign
states and international organizations, as well as the
establishment in the Gaza Strip and the Jericho Area of
representative offices other than those described in
subparagraph 2.a. above, for the purpose of implementing the
agreements referred to in subparagraph 2.b. above, shall not be
considered foreign relations.
ARTICLE VII
LEGISLATIVE POWERS OF THE PALESTINIAN AUTHORITY
1. The
Palestinian Authority will have the power, within its
jurisdiction, to promulgate legislation, including basic laws,
laws, regulations and other legislative acts.
2. Legislation
promulgated by the Palestinian Authority shall be consistent
with the provisions of this Agreement.
3. Legislation
promulgated by the Palestinian Authority shall be communicated
to a legislation subcommittee to be established by the CAC
(hereinafter "the Legislation Subcommittee"). During a period of
30 days from the communication of the legislation, Israel may
request that the Legislation Subcommittee decide whether such
legislation exceeds the jurisdiction of the Palestinian
Authority or is otherwise inconsistent with the provisions of
this Agreement.
4. Upon
receipt of the Israeli request, the Legislation Subcommittee
shall decide, as an initial matter, on the entry into force of
the legislation pending its decision on the merits of the
matter.
5. If the
Legislation Subcommittee is unable to reach a decision with
regard to the entry into force of the legislation within 15
days, this issue will be referred to a board of review. This
board of review shall be comprised of two judges, retired judges
or senior jurists (hereinafter "Judges"), one from each side, to
be appointed from a compiled list of three Judges proposed by
each. In order to expedite the proceedings before this board of
review, the two most senior Judges, one from each side, shall
develop written informal rules of procedure.
6. Legislation
referred to the board of review shall enter into force only if
the board of review decides that it does not deal with a
security issue which falls under Israel's responsibility, that
it does not seriously threaten other significant Israeli
interests protected by this Agreement and that the entry into
force of the legislation could not cause irreparable damage or
harm.
7. The
Legislation Subcommittee shall attempt to reach a decision on
the merits of the matter within 30 days from the date of the
Israeli request. If this Subcommittee is unable to reach such a
decision within this period of 30 days, the matter shall be
referred to the Joint Israeli-Palestinian Liaison Committee
referred to in Article XV below (hereinafter "the Liaison
Committee"). This Liaison Committee will deal with the matter
immediately and will attempt to settle it within 30 days.
8. Where the
legislation has not entered into force pursuant to paragraphs 5
or 7 above, this situation shall be maintained pending the
decision of the Liaison Committee on the merits of the matter,
unless it has decided otherwise.
9. Laws and
military orders in effect in the Gaza Strip or the Jericho Area
prior to the signing of this Agreement shall remain in force,
unless amended or abrogated in accordance with this Agreement.
ARTICLE
VIII ARRANGEMENTS FOR SECURITY AND PUBLIC ORDER
1. In order to
guarantee public order and internal security for the
Palestinians of the Gaza Strip and the Jericho Area, the
Palestinian Authority shall establish a strong police force, as
set out in Article IX below. Israel shall continue to carry the
responsibility for defense against external threats, including
the responsibility for protecting the Egyptian border and the
Jordanian line, and for defense against external threats from
the sea and from the air, as well as the responsibility for
overall security of Israelis and Settlements, for the purpose of
safeguarding their internal security and public order, and will
have all the powers to take the steps necessary to meet this
responsibility.
2. Agreed
security arrangements and coordination mechanisms are specified
in Annex I .
3. A joint
Coordination and Cooperation Committee for mutual security
purposes (hereinafter "the JSC"), as well as three joint
District Coordination and Cooperation Offices for the Gaza
district, the Khan Yunis district and the Jericho district
respectively (hereinafter "the DCOs") are hereby established as
provided for in Annex I.
4. The
security arrangements provided for in this Agreement and in
Annex I may be reviewed at the request of either Party and may
be amended by mutual agreement of the Parties. Specific review
arrangements are included in Annex I.
ARTICLE IX
THE PALESTINIAN DIRECTORATE OF POLICE FORCE
1. The
Palestinian Authority shall establish a strong police force, the
Palestinian Directorate of Police Force (hereinafter "the
Palestinian Police"). The duties, functions, structure,
deployment and composition of the Palestinian Police, together
with provisions regarding its equipment and operation, are set
out in Annex I, Article III. Rules of conduct governing the
activities of the Palestinian Police are set out in Annex I,
Article VIII.
2. Except for
the Palestinian Police referred to in this Article and the
Israeli military forces, no other armed forces shall be
established or operate in the Gaza Strip or the Jericho Area.
3. Except for
the arms, ammunition and equipment of the Palestinian Police
described in Annex I, Article III, and those of the Israeli
military forces, no organization or individual in the Gaza Strip
and the Jericho Area shall manufacture, sell, acquire, possess,
import or otherwise introduce into the Gaza Strip or the Jericho
Area any firearms, ammunition, weapons, explosives, gunpowder or
any related equipment, unless otherwise provided for in Annex I.
ARTICLE X
PASSAGES
Arrangements for coordination between Israel and the Palestinian
Authority regarding the Gaza-Egypt and Jericho-Jordan passages,
as well as any other agreed international crossings, are set out
in Annex I, Article X.
ARTICLE XI
SAFE PASSAGE BETWEEN THE GAZA STRIP AND THE JERICHO AREA
Arrangements for safe passage of persons and transportation
between the Gaza Strip and the Jericho Area are set out in Annex
I, Article IX.
ARTICLE XII
RELATIONS BETWEEN ISRAEL AND THE PALESTINIAN AUTHORITY
1. Israel and
the Palestinian Authority shall seek to foster mutual
understanding and tolerance and shall accordingly abstain from
incitement, including hostile propaganda, against each other
and, without derogating from the principle of freedom of
expression, shall take legal measures to prevent such incitement
by any organizations, groups or individuals within their
jurisdiction.
2. Without
derogating from the other provisions of this Agreement, Israel
and the Palestinian Authority shall cooperate in combatting
criminal activity which may affect both sides, including
offenses related to trafficking in illegal drugs and
psychotropic substances, smuggling, and offenses against
property, including offenses related to vehicles.
ARTICLE
XIII ECONOMIC RELATIONS
The economic relations between the two sides are set out in the
Protocol on Economic Relations signed in Paris on April 29, 1994
and the Appendices thereto, certified copies of which are
attached as Annex IV, and will be governed by the relevant
provisions of this Agreement and its Annexes.
ARTICLE XIV
HUMAN RIGHTS AND THE RULE OF LAW
Israel and the Palestinian Authority shall exercise their powers
and responsibilities pursuant to this Agreement with due regard
to internationally-accepted norms and principles of human rights
and the rule of law.
ARTICLE XV
THE JOINT ISRAELI-PALESTINIAN LIAISON COMMITTEE
1. The Liaison
Committee established pursuant to Article X of the Declaration
of Principles shall ensure the smooth implementation of this
Agreement. It shall deal with issues requiring coordination,
other issues of common interest and disputes.
2. The Liaison
Committee shall be composed of an equal number of members from
each Party. It may add other technicians and experts as
necessary.
3. The Liaison
Committee shall adopt its rules of procedure, including the
frequency and place or places of its meetings.
4. The Liaison
Committee shall reach its decisions by Agreement.
ARTICLE XVI
LIAISON AND COOPERATION WITH JORDAN AND EGYPT
2. The
Continuing Committee shall decide by agreement on the modalities
of admission of persons displaced from the West Bank and the
Gaza Strip in 1967, together with necessary measures to prevent
disruption and disorder.
3. The
Continuing Committee shall deal with other matters of common
concern.
ARTICLE
XVII SETTLEMENT OF DIFFERENCES AND DISPUTES Any
difference relating to the application of this Agreement shall
be referred to the appropriate coordination and cooperation
mechanism established under this Agreement. The provisions of
Article XV of the Declaration of Principles shall apply to any
such difference which is not settled through the appropriate
coordination and cooperation mechanism, namely:
1. Disputes
arising out of the application or interpretation of this
Agreement or any subsequent agreements pertaining to the interim
period shall be settled by negotiations through the Liaison
Committee.
2. Disputes
which cannot be settled by negotiations may be settled by a
mechanism of conciliation to be agreed between the Parties.
3. The Parties
may agree to submit to arbitration disputes relating to the
interim period, which cannot be settled through conciliation. To
this end, upon the agreement of both Parties, the Parties will
establish an Arbitration Committee.
ARTICLE
XVIII PREVENTION OF HOSTILE ACTS
Both sides shall take all measures necessary in order to prevent
acts of terrorism, crime and hostilities directed against each
other, against individuals falling under the other's authority
and against their property, and shall take legal measures
against offenders. In addition, the Palestinian side shall take
all measures necessary to prevent such hostile acts directed
against the Settlements, the infrastructure serving them and the
Military Installation Area, and the Israeli side shall take all
measures necessary to prevent such hostile acts emanating from
the Settlements and directed against Palestinians.
ARTICLE XIX
MISSING PERSONS
The Palestinian Authority shall cooperate with Israel by
providing all necessary assistance in the conduct of searches by
Israel within the Gaza Strip and the Jericho Area for missing
Israelis, as well as by providing information about missing
Israelis. Israel shall cooperate with the Palestinian Authority
in searching for, and providing necessary information about,
missing Palestinians.
ARTICLE XX
CONFIDENCE BUILDING MEASURES
With a view to creating a positive and supportive public
atmosphere to accompany the implementation of this Agreement,
and to establish a solid basis of mutual trust and good faith,
both Parties agree to carry out confidence building measures as
detailed herewith:
1. Upon the
signing of this Agreement, Israel will release, or turn over, to
the Palestinian Authority within a period of 5 weeks, about
5,000 Palestinian detainees and prisoners, residents of the West
Bank and the Gaza Strip. Those released will be free to return
to their homes anywhere in the West Bank or the Gaza Strip.
Prisoners turned over to the Palestinian Authority shall be
obliged to remain in the Gaza Strip or the Jericho Area for the
remainder of their sentence.
2. After the
signing of this Agreement, the two Parties shall continue to
negotiate the release of additional Palestinian prisoners and
detainees, building on agreed principles.
3. The
implementation of the above measures will be subject to the
fulfillment of the procedures determined by Israeli law for the
release and transfer of detainees and prisoners.
4. With the
assumption of Palestinian authority, the Palestinian side
commits itself to solving the problem of those Palestinians who
were in contact with the Israeli authorities. Until an agreed
solution is found, the Palestinian side undertakes not to
prosecute these Palestinians or to harm them in any way.
5.
Palestinians from abroad whose entry into the Gaza Strip and the
Jericho Area is approved pursuant to this Agreement, and to whom
the provisions of this Article are applicable, will not be
prosecuted for offenses committed prior to September 13, 1993.
ARTICLE XXI
TEMPORARY INTERNATIONAL PRESENCE
1. The Parties
agree to a temporary international or foreign presence in the
Gaza Strip and the Jericho Area (hereinafter "the TIP"), in
accordance with the provisions of this Article.
2. The TIP
shall consist of 400 qualified personnel, including observers,
instructors and other experts, from 5 or 6 of the donor
countries.
3. The two
Parties shall request the donor countries to establish a special
fund to provide finance for the TIP.
4. The TIP
will function for a period of 6 months. The TIP may extend this
period, or change the scope of its operation, with the agreement
of the two Parties.
5. The TIP
shall be stationed and operate within the following cities and
villages: Gaza, Khan Yunis, Rafah, Deir El Ballah, Jabaliya,
Absan, Beit Hanun and Jericho.
6. Israel and
the Palestinian Authority shall agree on a special Protocol to
implement this Article, with the goal of concluding negotiations
with the donor countries contributing personnel within two
months.
ARTICLE
XXII RIGHTS, LIABILITIES AND OBLIGATIONS
1.
a. The
transfer of all powers and responsibilities to the Palestinian
Authority, as detailed in Annex II, includes all related rights,
liabilities and obligations arising with regard to acts or
omissions which occurred prior to the transfer. Israel will
cease to bear any financial responsibility regarding such acts
or omissions and the Palestinian Authority will bear all
financial responsibility for these and for its own functioning.
b. Any
financial claim made in this regard against Israel will be
referred to the Palestinian Authority.
c. Israel
shall provide the Palestinian Authority with the information it
has regarding pending and anticipated claims brought before any
court or tribunal against Israel in this regard.
d. Where legal
proceedings are brought in respect of such a claim, Israel will
notify the Palestinian Authority and enable it to participate in
defending the claim and raise any arguments on its behalf.
e. In the
event that an award is made against Israel by any court or
tribunal in respect of such a claim, the Palestinian Authority
shall reimburse Israel the full amount of the award.
f. Without
prejudice to the above, where a court or tribunal hearing such a
claim finds that liability rests solely with an employee or
agent who acted beyond the scope of the powers assigned to him
or her, unlawfully or with willful malfeasance, the Palestinian
Authority shall not bear financial responsibility.
2. The
transfer of authority in itself shall not affect rights,
liabilities and obligations of any person or legal entity, in
existence at the date of signing of this Agreement.
ARTICLE
XXIII FINAL CLAUSES
1. This
Agreement shall enter into force on the date of its signing.
2. The
arrangements established by this Agreement shall remain in force
until and to the extent superseded by the Interim Agreement
referred to in the Declaration of Principles or any other
agreement between the Parties.
3. The
five-year interim period referred to in the Declaration of
Principles commences on the date of the signing of this
Agreement.
4. The Parties
agree that, as long as this Agreement is in force, the security
fence erected by Israel around the Gaza Strip shall remain in
place and that the line demarcated by the fence, as shown on
attached map No. 1, shall be authoritative only for the purpose
of this Agreement.
5. Nothing in
this Agreement shall prejudice or preempt the outcome of the
negotiations on the interim agreement or on the permanent status
to be conducted pursuant to the Declaration of Principles.
Neither Party shall be deemed, by virtue of having entered into
this Agreement, to have renounced or waived any of its existing
rights, claims or positions.
6. The two
Parties view the West Bank and the Gaza Strip as a single
territorial unit, the integrity of which will be preserved
during the interim period.
7. The Gaza
Strip and the Jericho Area shall continue to be an integral part
of the West Bank and the Gaza Strip, and their status shall not
be changed for the period of this Agreement. Nothing in this
Agreement shall be considered to change this status.
8. The
Preamble to this Agreement, and all Annexes, Appendices and maps
attached hereto, shall constitute an integral part hereof.
Done in Cairo
this fourth day of May, 1994.
_______________________
For the Government of the
State of Israel
_______________________
For the PLO
Witnessed By:
_________________________
The United States of America
_________________________
The Russian Federation
_________________________
The Arab Republic of Egypt
*Annex 1 -
Withdrawal and Security Arrangements
*Annex 2 - Civil Affairs
*Annex 3 - Legal Matters
*Annex 4 - Economic Protocol
*Exchange of Letters - Arafat-Rabin
GAZA-JERICHO AGREEMENT
ANNEX I Protocol Concerning Withdrawal of Israeli Military
Forces and Security Arrangements
Article I
Arrangements for Withdrawal of Israeli Military Forces
1. Subject to
the provisions of this Annex, withdrawal of Israeli military
forces from the Gaza Strip and from the Jericho Area shall begin
on the date of the signing of this Agreement and shall be
completed within three weeks (21 days) from that date.
2.
a. The Joint Security Coordination and Cooperation Committee set
up under Article II hereunder shall develop a plan to ensure
full coordination between the Israeli military forces and the
Palestinian Police during the withdrawal phases and the entry
and deployment of the Palestinian Police.
b. This coordination will be implemented through the District
Coordination Offices set up under Article II hereunder, that
shall start functioning on the date of the signing of this
Agreement.
c. The plan will include arrangements for the entry of the
Palestinian Police, the introduction of police arms, ammunition
and equipment and related matters, as well as arrangements
intended to facilitate a smooth transfer of responsibility,
including the transfer of civil authority, so that no vacuum in
authority exists.
Article II
Coordination and Cooperation In Security Matters
1. Joint
Security Coordination and Cooperation Committee
a. A joint Security Coordination and Cooperation Committee for
Mutual Security Purposes (hereinafter "the JSC") is hereby
established.
b. The JSC shall:
1. recommend security policy guidelines for the approval of the
Joint Israeli-Palestinian Liaison Committee and implement such
approved guidelines;
2. deal with security issues raised by either side;
3. provide the proper channel for exchanging information between
the two sides, needed to solve security problems; and
4. provide directives for the District Coordination Offices.
c. The JSC shall comprise between five and seven members from
each side. Decisions of the JSC will be reached by agreement
between the two sides.
d. The JSC shall determine its rules of procedure. Meetings of
the JSC shall be held every two weeks. In the event that either
side requests a special meeting, it shall be convened within
forty-eight (48) hours.
e. Unless otherwise agreed by the two sides, JSC meetings will
be hosted by each of the sides alternately.
2. District
Coordination Offices
a. Three (3) District Coordination Offices are hereby
established, one each for the districts of Gaza, Khan Yunis and
Jericho (hereinafter "the DCOs").
b. The DCOs shall:
1. monitor and manage the matters requiring coordination as
determined by the JSC, according to the policy and guidelines
established by the JSC;
2. monitor and manage all matters of a joint nature within the
specific district of each DCO, including the coordination of
activities by one side which may affect the other side;
3. review, investigate and report to the JSC on the overall
situation within the DCO's respective district, with special
regard to specific events, incidents and activities occurring in
the district;
4. direct the Joint Patrols and Joint Mobile Units as defined in
this Article, operating within the DCO's respective district;
and
5. direct the Liaison Bureau established under Article X below,
operating at passages and crossing points as detailed in Article
VII and X below, in conjunction with the Joint Civil Affairs
Coordination and Cooperation Committee set up under Annex II to
the Agreement (hereinafter the "CAC").
c. Each DCO will be continuously staffed by a team of up to six
officers from each side, comprising one commander and five duty
officers.
d. The DCOs will be operated jointly by both sides, 24 hours a
day. At least one duty officer from each side will be present
during each eight-hour shift, as well as the necessary number of
assistants.
e. With a view to preventing friction and to enabling the two
sides to deal with possible incidents, both sides shall ensure
that the relevant DCO shall immediately be notified of any of
the following events:
1. routine, scheduled or irregular activity or deployment by the
Israeli military forces or the Palestinian Police that directly
affect the other side. This includes activity or deployment in
the proximity of Settlements or Palestinian villages, as the
case may be;
2. events that pose a threat to public order;
3. activities which disturb the regular flow of traffic on the
main roads, including roadblocks and road works;
4. incidents involving both Israelis and Palestinians, such as
road accidents, rescue of casualties or persons in mortal
danger, engagement steps or any incident in which a weapon is
used;
5. a terrorist action of any kind and from any source;
6. infiltrations across the lines of the Gaza Strip and the
Jericho Area; and
7. all cases in which Israelis are hospitalized in the Gaza
Strip or the Jericho Area or in which Palestinians of the Gaza
Strip or the Jericho Area are hospitalized in Israel.
f. Each DCO shall notify the relevant Israeli and Palestinian
headquarters, as well as the Joint Patrols and Joint Mobile
Units operating in the relevant district, of the occurrence of
any of the events listed in subparagraph e. above.
g. The JSC may modify the content of the list of events outlined
in subparagraph e. above.
h. Any event involving injury to Israelis, at any location
within the Gaza Strip or the Jericho Area, shall be immediately
reported to Israel through the relevant DCO. Israel may employ
any means necessary for the evacuation and treatment of such
injured persons, and will coordinate such activity through the
relevant DCO.
i. The DCOs shall be equipped with the necessary means of
communication to enable direct and immediate contact both with
the Joint Patrols and the Joint Mobile Units, as well as with
the respective district headquarters.
3. Joint
Patrols
a. The mission of the Joint Patrols is to ensure free, unimpeded
and secure movement along the roads and in the areas described
in Articles IV and V of this Annex.
b. Unless the JSC decides otherwise, the Joint Patrols shall
each be composed of two 4-wheel drive vehicles, one Palestinian
and one Israeli. The vehicles shall be marked so as to be easily
distinguishable from all other vehicles in the area. There will
be four persons in each vehicle: an officer, a signal operator,
a driver and a guard.
c. The Joint Patrols will patrol 24 hours a day, in vehicles and
on foot, along their routes of activity and on the adjacent
sides of the roads upon which the security of traffic along
these roads is dependent, or as directed by the DCO.
d. In roads under Israeli security responsibility, the Israeli
vehicle will be the leading vehicle. In roads under Palestinian
security responsibility, the Palestinian vehicle will be the
leading vehicle. The Joint Patrol will be under the direction of
the relevant DCO.
e. The Joint Patrols shall monitor continuously movement within
their area of operation with a view to preventing incidents that
may threaten or endanger persons using the roads. They shall
report any such incident or threat thereof to the relevant DCO,
and to the Israeli and Palestinian district headquarters.
f. On reaching the scene of an incident, the Joint Patrol will
provide as much assistance as possible. Where the incident is
dealt with by the authorities functioning in the area, the Joint
Patrol shall verify that the appropriate measures have been
taken and report to the relevant DCO accordingly.
g. Immediately upon becoming aware of the occurrence of one of
the events listed in subparagraph 2.e above, the Joint Patrols
shall report the event to the relevant DCO, as well as to the
respective headquarters of the two sides.
4. Joint
Mobile Units
a. The mission of the Joint Mobile Units is to provide rapid
response in the event of incidents and emergency situations, in
order to ensure free, unimpeded and secure movement at the
junctions where they are located, as well as along their
designated routes of activity.
b. The composition of the Joint Mobile Units shall be similar to
that of the Joint Patrols.
c. The duties of the Joint Mobile Units are:
1. to monitor movement along designated roads from stationary
locations on agreed junctions, from where they may patrol at
random on agreed roads as directed by the relevant DCO, in which
case their duties shall be the same as those of Joint Patrols;
and
2. in the event of an incident involving both Israelis and
Palestinians, to reach the site of the incident in order to
provide assistance and to investigate.
5. Review of
Security Arrangements
The JSC shall
meet six months after the signing of this Agreement, and at
six-month intervals thereafter, to review the security
arrangements and to recommend changes. Amendments will be
adopted by mutual agreement based, among other factors, on the
regular reports and recommendations received from the DCOs.
Article III
The
Palestinian Directorate of Police Force
1. General
The Palestinian Directorate of Police Force (hereinafter "the
Palestinian Police") shall function in accordance with the
following principles:
a. It will be responsible for public order and internal security
within the jurisdiction of the Palestinian Authority in
accordance with Article V of the Agreement.
b. Movement of Palestinian policemen between the Gaza Strip and
the Jericho Area will be conducted in accordance with Article IX
of this Annex.
2. Duties and
Functions
a. Subject to the provisions of this Agreement, in the areas
under Palestinian jurisdiction the duties of the Palestinian
Police shall be as follows:
1. performing normal police functions, including maintaining
internal security and public order;
2. protecting the public and its property and acting to provide
a feeling of security and safety;
3. adopting all measures necessary for preventing crime in
accordance with the law; and
4. protecting public installations and places of special
importance.
3. Structure
and Composition
a. The Palestinian Police shall consist of one integral unit
under the control of the Palestinian Authority. It shall be
composed of four branches:
1. Civil Police (Al Shurta);
2. Public Security;
3. Intelligence; and
4. Emergency Services and Rescue (Al Difa'a Al Madani).
In each district, all members of the four Police branches shall
be subordinate to one central command.
b. The Palestinian Police will establish a Palestinian Coastal
Police unit (hereinafter the "Palestinian Coastal Police") in
accordance with Article XI of this Annex.
c. The Palestinian Police will be comprised of up to 9,000
policemen in all its branches.
4. Recruitment
a. The Palestinian Police shall consist of policemen recruited
locally, and from abroad (from among individuals holding
Jordanian passports or Palestinian documents issued by Egypt).
The number of Palestinian recruits from abroad shall not exceed
7,000, of whom 1,000 will arrive three months after the signing
of the Agreement.
b. Palestinians recruited from abroad should be trained as
policemen. The employment of policemen who have been convicted
of serious crimes or have been found to be actively involved in
terrorist activities subsequent to their employment will be
immediately terminated. The list of Palestinians recruited,
whether locally or from abroad, shall be agreed on by both
sides.
c. Palestinian policemen coming from abroad may be accompanied
by spouse and children.
5. Arms,
Ammunition and Equipment
a. Uniformed policemen, as well as other policemen on duty who
hold special accreditation, may carry arms.
b. The Palestinian Police will possess the following arms and
equipment:
1. 7,000 light personal weapons.
2. Up to 120 machine guns of 0.3" or 0.5" caliber.
3. Up to 45 wheeled armored vehicles of a type to be agreed on
between the two sides, and of which 22 will be deployed in
protecting Palestinian Authority installations. The use of
wheeled armored vehicles in the Security Perimeter, on the
Lateral Roads and on their adjacent sides, or in the vicinity of
the Settlements shall be approved through the relevant DCO.
Movement of such vehicles along the central North-South road
(Road No. 4) in the Gaza Strip may take place only after
providing notification to the relevant DCO.
4. Communication systems, subject to Article II of Annex II of
this Agreement.
5. Distinctive uniforms, identification badges and vehicle
markings.
c. Relevant police equipment and infrastructure funded from the
budget of the Civil Administration shall be transferred to the
Palestinian Police.
6.
Introduction of Arms and Equipment and Foreign Assistance
a. All foreign contributions and other forms of assistance to
the Palestinian Police must comply with the provisions of this
Agreement.
b. The introduction into the Gaza Strip or the Jericho Area of
arms, ammunition or equipment for the Palestinian Police, from
all sources, shall be coordinated through the JSC.
7. Deployment
The
Palestinian Police shall be initially deployed in the Gaza Strip
and the Jericho Area as shown on attached maps Nos. 4 and 5. Any
changes to this deployment will be agreed on in the JSC.
Article IV
Security
Arrangements in the Gaza Strip
1. The
Delimiting Line
For the purpose of the present Agreement only, and without
prejudice to the final status, the line delimiting the northern
and eastern edge of the Gaza Strip follows the fence on the
ground, as delineated on attached map No. 1 by an unbroken green
line (hereinafter "the Delimiting Line") and shall have no other
effect.
2. Security
Perimeter
a. There will be a security perimeter along the Delimiting Line
inside the Gaza Strip as delineated on attached map No. 1 by a
broken green line (hereinafter "the Security Perimeter").
b. In accordance with the provisions of this Agreement, the
Palestinian Police will be responsible for security in the
Security Perimeter.
c. The Palestinian Police will enforce special security measures
aimed at preventing infiltrations across the Delimiting Line or
the introduction into the Security Perimeter of any arms,
ammunition or related equipment, except for the arms, ammunition
or equipment of the Palestinian Police, authorized through the
relevant DCO.
d. Activities of the Palestinian Police inside the Security
Perimeter will be coordinated through the relevant DCO. Security
activities in Israel in the vicinity of the Delimiting Line that
directly affect the other side will be coordinated with the
Palestinian Police through the relevant DCO.
3. The Israeli
Settlements
a. In accordance with the Declaration of Principles, during the
interim period, the Gush Katif and Erez settlement areas, as
well as the other settlements in the Gaza Strip, as delineated
on attached map No. 1 by a blue line, will be under Israeli
authority.
b. Palestinians will be free to move along the coast road and
along the road from the Netzarim Junction to the seashore.
4. The Yellow
Areas
a. In the areas delineated by a broken red line and shaded in
yellow on attached map No. 1 (hereinafter "the Yellow Areas"),
and without derogating from Palestinian authority,
responsibility will be shared as follows: The Israeli
authorities will have the overriding responsibility and powers
for security, and the Palestinian Authority will have the
responsibility and powers for civil affairs, subject to this
Agreement. In addition, with regard to the Yellow Areas,
cooperation and coordination in security matters, including
joint patrols, as agreed, will be implemented.
b. Entry of Palestinian policemen into the Yellow Areas and
their activity therein may take place as agreed upon through the
relevant DCO.
5. The Mawasi
Area
a. Two joint patrols will operate in the Mawasi area, the
fishermen's wharves of Rafah and Khan Yunis, and along the coast
road led by the Israeli vehicle.
b. Access of Palestinians to the Mawasi Area, as delineated on
attached map No. 1, will be by the following roads:
1. Rafah - Tel Sultan - Mawasi;
2. Khan Yunis - El Bahr Village; and
3. Deir El Ballah - along the beach to the Mawasi.
c. The Mawasi Beach
1. Notwithstanding Israeli authority over the Gush Katif
settlement area, the Palestinian Authority may operate sections
of the Mawasi beach extending to the east up to the coast road,
totalling, together with the Rafah and Khan Yunis wharves, five
(5) kilometers.
2. Upon the completion of the withdrawal of Israeli military
forces from the Gaza Strip and the Jericho Area, Israel will
notify the Palestinian Authority of the locations of these
sections.
3. These sections may be used for the following purposes:
a. sport and recreation, including boat hire facilities;
b. operating food establishments;
c. enlarging the wharves; and
d. expanding the facilities for fishermen, such as offices,
wharehouses and cold storage facilities.
4. In these sections, the Palestinian Authority, in exercising
its civil authority, will be able to grant licenses for
businesses, collect fees and taxes, set and enforce public
health standards and develop and manage the tourist sector.
5. In each of the fishermen's wharves, the Palestinian Authority
may have an office building which shall be protected.
6. There will be not be any construction by Israelis of new
sites along the beach.
7. During a period of three months from the signing of this
Agreement, Israel may consider, in light of the security
situation, the use by the Palestinian Authority of additional
beach sections.
6. The
Egyptian Border
The Military Installation Area along the Egyptian border in the
Gaza Strip, as delineated on attached map No. 1 by a blue line
and shaded in pink, will be under Israeli authority.
The village of Dahaniya will remain part of the Military
Installation Area pending a declaration of a general amnesty for
the residents of the village, and provision having been made for
their protection. Upon realization of the above amnesty and
protection, the village of Dahaniya will become part of the
Yellow Area.
7. Lateral
Roads to the Settlements
a. Without derogating from Palestinian authority and in
accordance with the Declaration of Principles:
1. On the three lateral roads connecting the Israeli settlements
in the Gaza Strip to Israel, namely: the Kissufim-Gush Katif
road; the Sufa-Gush Katif road; and the Karni-Netzarim road, as
delineated by a light blue line on attached map no. 1, including
the adjacent sides upon which the security of traffic along
these roads is dependent (hereinafter "the Lateral Roads"), the
Israeli authorities will have all necessary responsibilities and
powers in order to conduct independent security activity,
including Israeli patrols.
2. Joint Israeli-Palestinian patrols will operate along the
Lateral Roads. Such joint patrols will be led by the Israeli
vehicle.
3. Where the Israeli authorities carry out engagement steps,
they will do so with a view to transferring, at the earliest
opportunity, the continued handling of the incidents falling
within Palestinian responsibility, to the Palestinian Police.
4. Overpasses will be constructed on intersections between the
Lateral Roads and the central North-South road (Road No. 4).
5. These arrangements will be reviewed by the JSC one year after
the date of the signing of this Agreement.
b. Where the Lateral Roads overlap the Security Perimeter the
two sides, in the exercise of their respective powers and
responsibilities, will fully coordinate their activity in order
to prevent friction.
8. The Central
North-South Road (Road No. 4) A joint patrol led by the
Palestinian vehicle will be operated along the central
North-South road (Road No. 4) in the Gaza Strip between Kfar
Darom and Wadi Gaza.
9. Joint
Mobile Units
a. Joint Mobile Units will be located at the following
junctions:
1. the Nissanit junction;
2. the Netzarim junction:
3. the Deir el-Ballah junction; and
4. the Sufa-Morag junction.
b. At the Netzarim junction, the Israeli side of this Joint
Mobile Unit will check Israeli vehicles, which will then be able
to continue their journey without interference. This Joint
Mobile Unit will also operate as a Joint Patrol between the
Netzarim Junction and Wadi Gaza under the direction of the
relevant DCO.
10.
Coordination and Cooperation in the Gaza Strip Two DCOs will
function in the Gaza Strip as follows:
a. A DCO for the Gaza district, located at the Erez crossing
point with subordinate Joint Liaison Bureaus at the Erez and
Nahal Oz crossing points.
b. A DCO for the Khan Yunis district, located at the Nuriya Camp
with subordinate Joint Liaison Bureaus at the Sufa crossing
point and at the Rafah terminal.
Article V
Security
Arrangements in the Jericho Area1.
Clarifications Concerning the Jericho Area With regard to the
definition of the Jericho Area, as delineated on attached map
No. 2, it is hereby clarified that Route No. 90 crossing Auja
from South to North and the East-West road connecting Route No.
90 with Yitav, and their adjacent sides, shall remain under
Israeli authority. For the purpose of this Article, the width of
each such road and its adjacent sides, as shown on attached map
No. 2, shall extend at least 12 meters on each side measured
from its center.
2. A Joint
patrol led by the Palestinian vehicle shall operate along the
main North-South road crossing Jericho (Route No. 90).
3. Joint
Mobile Units
a. A Joint Mobile Unit shall be located at the Auja junction
being the intersection of Route No. 90 and the road to Yitav.
This unit shall be led by the Israeli vehicle, and may be
directed by the DCO to deal with certain incidents occurring on
the road between Auja and Jericho in which Palestinians are
involved.
b. A Joint Mobile Unit shall be located at the Nahal Elisha
junction on the road from Jericho to the Mousa Allami project.
4.
Coordination and Cooperation in the Jericho Area A DCO located
at the Vered Yericho crossing point will function in the Jericho
Area and will maintain a subordinate Joint Liaison Bureau in the
Allenby Terminal.
5.
a. Pending the entry into force of the interim agreement, the
holy site of Nebi Mousa will be under the auspices of the
Palestinian Authority, for religious purposes.
b. During religious events that take place three times a year
and other special occasions that will be coordinated with the
Israeli authorities, Palestinians will have the right to
religious pilgrimage to the al-Maghtas under the Palestinian
flag.
c. Palestinian private projects, as well as joint ventures in
accordance with the Declaration of Principles, will be located
as agreed on the shore of the Dead Sea.
d. Safe passage will be provided from the Jericho Area to Nebi
Mousa, al-Maghtas and the projects and ventures as agreed in
subparagraph c. above on the shore of the Dead Sea for the
aforementioned purposes.
6. Within
three months of the signing of this Agreement, Israel may
consider, in light of the security situation, the possibility of
widening of the Jericho Area.
Article VI
Security
Arrangements Concerning Planning, Building and Zoning
1.
Notwithstanding the provisions relating to planning, building
and zoning set out elsewhere in this Agreement, the provisions
of this Article shall apply with respect to the areas specified
below.
2. These
arrangements will be reviewed within a period of six months from
the signing of this Agreement and, thereafter, every six months,
with a view to modifying them, with due consideration to
Palestinian plans for establishing economic projects, and to the
security concerns of both sides.
3. The
limitations set out below on the construction of buildings and
installations in specific areas shall not require the demolition
or removal of existing buildings or installations.
4. The
existing buildings, installations and natural and artificial
culture in the Gaza Strip within a distance of 100 meters from
the Delimiting Line shall remain as they are at present.
5. Within the
next 500 meters of the Security Perimeter, and within the Yellow
Areas, buildings or installations may be constructed, provided
that:
a. one building or installation may be constructed on each plot,
the size of which shall not be less than 25 dunams; and
b. such building or installation shall not exceed two floors, of
a size not exceeding 180 sq. meters per floor.
The Palestinian Authority shall maintain the predominantly
agricultural character of the remaining areas of the Security
Perimeter.
6. Buildings
or installations shall not be constructed on either side of the
Lateral Roads up to a distance of 75 meters from the center of
these Roads.
7. In the
Jericho Area, no bridges or other structures will be built above
Route No. 90 which may prevent the movement on this road of
vehicles with a height of up to 5.25 meters.
8. For the
purpose of enforcing this Article, the United States will
provide both sides with satellite photographs of the Gaza Strip
depicting the buildings, installations and natural and
artificial culture existing at the time of the signing of this
Agreement.
Article VII
The
Crossing Points
1. General
a. Israel declares that work to relocate the Erez, Nahal Oz and
Sufa crossing points currently within the Gaza Strip, to a
location within Israel adjacent to the Delimiting Line, is
underway. Israel will attempt to complete this work not later
than 12 months from the date of the signing of this Agreement
with regard to the Erez crossing point, and not later than 8
months from the date of the signing of this Agreement with
regard to the Nahal Oz and Sufa crossing points. Pending the
completion of this work, Israel shall retain control over these
crossing points and operate them in accordance with the
provisions of this Article.
b. Israelis entering the Gaza Strip and the Jericho Area shall
carry Israeli documentation (if they are above the age of 16)
and, if driving a vehicle, a driving license and vehicle
registration documentation recognized in Israel. Tourists to
Israel entering the Gaza Strip and the Jericho Area shall carry
their passports and other relevant documentation.
c. Entry of residents of the Gaza Strip and the Jericho Area to
Israel shall be subject to Israeli laws and procedures
regulating entry into Israel, and such residents shall be
required to carry the identity card as agreed upon in this
Agreement, as well as documentation specified by Israel and
notified through the CAC to the Palestinian Authority.
d. The provisions of this Agreement shall neither prejudice the
use of safe passage nor Israel's right, for security and safety
considerations, to close the crossing points to Israel and to
prohibit or limit the entry into Israel of residents and of
vehicles from the Gaza Strip and the Jericho Area.
2. Passage
between the Gaza Strip and Israel
a. Passage between the Gaza Strip and Israel will be via one or
more of the following crossing points:
1. the Erez crossing point;
2. the Nahal Oz crossing point; and
3. the Sufa crossing point.
b. The Palestinian Authority may set up a checkpoint, within the
Gaza Strip, on the road leading to the Erez crossing point and
on the road leading to the Nahal Oz crossing point, at locations
to be coordinated between the two sides, for the purpose of
inspection and identification of passengers and vehicles.
Israelis and tourists to Israel passing through these
checkpoints may be only required to identify themselves by
presenting Israeli documentation or a passport, as set out in
subparagraph 1.b. above. The above requirements shall not apply
to uniformed members of the Israeli military forces.
c. The Palestinian Authority may set up a checkpoint, within the
Gaza Strip, on the road leading to the Sufa crossing point, at a
location acceptable to both sides, for the purpose of inspection
and identification of Palestinian passengers and vehicles.
Israeli vehicles may bypass this checkpoint unimpeded.
d. Passage of Israelis, and tourists to Israel, between the Gaza
Strip and Israel may, in addition, be via the following crossing
points:
1. the Karni crossing point;
2. the Kisufim crossing point;
3. the Kerem Shalom crossing point; and
4. the Elei Sinai crossing point.
e. Israelis, and tourists to Israel, who have passed through any
of the above crossing points into the Gaza Strip shall not be
required to undergo any inspection, identification or other
requirement in addition to the stated provisions for entry into
the Gaza Strip outlined in this Article.
Tourists to the Gaza Strip and the Jericho Area from countries
having diplomatic relations with Israel, who have passed through
an international crossing, will not be required to pass any
additional entry control before entry to Israel.
f. Arrangements for the movement of goods between the Gaza Strip
and Israel through the crossing points are set out in Annex IV.
g. A Palestinian liaison officer will be present at each of the
crossing points on the Lateral Roads.
3. Passage to
and from the Jericho Area
a. Passage between the Jericho Area and the rest of the West
Bank shall be governed by the same rules regulating the movement
of persons and vehicles within the West Bank, and shall not need
to be effected through designated crossing points.
b. Passage between the Jericho Area and Israel via the West Bank
shall be governed by the currently applicable rules regulating
the movement of persons and vehicles between the West Bank and
Israel.
Article
VIII
Rules of
Conduct in Security Matters
1. Subject to
the provisions of this Agreement, the security and public order
personnel of both sides shall exercise their powers and
responsibilities pursuant to this Agreement with due regard to
internationally-accepted norms of human rights and the rule of
law and shall be guided by the need to protect the public,
respect human dignity and avoid harassment.
2. In the
Yellow Areas and on the Lateral Roads and their adjacent sides,
vehicles bearing Israeli license plates shall not be stopped,
obstructed or delayed by the Palestinian Police, and no
identification shall be required.
3. On the
central North-South road (Road No. 4) in the Gaza Strip between
the Netzarim Junction and Kfar Darom, and on the main
North-South road crossing the Jericho Area (Route No. 90),
vehicles bearing Israeli license plates may be stopped for
identification by a Joint Patrol or a Joint Mobile Unit. The
Israeli side of such a patrol or unit may carry out identity and
vehicle documentation checks.
4. Without
prejudice to the provisions of this Article regarding the areas
mentioned in paragraphs 2 and 3 above, the following rules of
conduct shall apply throughout the rest of the Gaza Strip and
the Jericho Area:
a. Vehicles bearing Israeli license plates may be stopped by the
Palestinian Police for the purpose of checking the driving
license, and passengers' identity documentation (if above the
age of sixteen).
b. Israelis shall under no circumstances be apprehended,
arrested or placed in custody or prison by Palestinian
authorities.
However, where an Israeli is suspected of having committed of an
offense, he or she may be detained in place by the Palestinian
Police while ensuring his or her protection, in accordance with
the provisions of Annex III, until the arrival of a Joint Patrol
or Joint Mobile Unit, called immediately by the Palestinian
Police, or of other Israeli representatives dispatched by the
relevant DCO.
5. Pedestrians
may be required to produce identity documentation (if above the
age of sixteen). Thereafter, they shall be treated in accordance
with the provisions of this Article.
6. Uniformed
members of the Israeli military forces, as well as vehicles of
the Israeli military forces, shall not be stopped by the
Palestinian Police in any circumstances, and shall not be
subject to any identification requirements. Without derogating
from the above, in the event of suspicion regarding such a
person or vehicle, the Palestinian Police may notify the Israeli
authorities through the relevant DCO, in order to request
appropriate assistance.
7.
Notwithstanding the provisions of this Article, persons who are
subject to identification pursuant to this Article and who claim
to be Israelis but cannot present appropriate identification
documentation may be detained in place by the Palestinian
Police, in accordance with the provisions of Annex III, until
the arrival of a Joint Patrol or Joint Mobile Unit, called by
the Palestinian Police, or of other Israeli representatives
dispatched by the relevant DCO.
8.
a. Each side shall enforce upon civilians subject to its
authority a prohibition on possession or carrying weapons
without a license.
b. The Palestinian Authority may grant licenses to possess or
carry pistols for civilian use. The modalities for granting such
licenses, as well as categories of persons who may be granted
such licenses, will be agreed upon in the JSC.
9. Rules of
Engagement
a. For the purpose of this Article, "engagement" shall mean an
immediate response to an act or an incident constituting a
danger to life or property that is aimed at preventing or
terminating such an act or incident, or at apprehending its
perpetrators.
b. Within the territory under the jurisdiction of the
Palestinian Authority, in places where Israeli authorities
exercise their security functions in accordance with this Annex,
and in their immediate vicinities, the Israeli authorities may
carry out engagement steps in cases where an act or an incident
requires such action. In such cases, the Israeli authorities
will take any measures necessary to bring to an end such an act
or incident with a view to transferring, at the earliest
opportunity, the continued handling of the incident falling
within the Palestinian responsibility to the Palestinian Police.
The Palestinian Authority will immediately be notified, through
the relevant DCO, of such engagement steps.
c. Engagement with the use of firearms shall not be allowed,
except as a last resort after all attempts at controlling the
act or the incident such as warning the perpetrator or shooting
in the air have failed. Use of firearms should be aimed at
deterring and not at killing the perpetrator. The use of
firearms shall cease once the danger is past.
d. Any activity involving the use of firearms other than for
immediate operational purposes shall be subject to prior
notification to the relevant DCO.
10. If a
person is injured or otherwise in need of assistance, such
assistance will be provided by the side that first reaches the
site. If such a person is under the authority of the other side,
the assisting side shall notify the relevant DCO and the
appropriate provisions of Article II of this Annex, as well as
the provisions of Annex II, Article II, regarding arrangements
for treatment and hospitalization, shall be applied.
Article IX
Arrangements
for Safe Passage Between the Gaza Strip and the Jericho Area
1. General
a. There shall be safe passage between the Gaza Strip and the
Jericho Area for residents of the Gaza Strip and the Jericho
Area and visitors to these areas from abroad, as detailed in
this Article.
b. Israel will ensure safe passage during daylight hours (from
sunrise to sunset) for persons and transportation.
c. Safe passage will be effected via the following designated
crossing points:
1. the Erez crossing point; and
2. the Vered Yericho crossing point.
d. Israel will make safe passage available through one or more
of the routes delineated on attached map No. 3.
2. The usage
of safe passage
a. As detailed
below, persons using safe passage shall carry, in addition to
the personal and vehicle documentation, the following documents:
1. a safe
passage card; and
2. (for
drivers only) a vehicle safe passage permit.
Arrangements
for implementation of safe passage, as well as modalities for
the issuance by Israel of safe passage cards and vehicle safe
passage permits, shall be discussed and agreed in the CAC.
b. Residents
of the Gaza Strip and the Jericho Area in possession of a permit
enabling them to enter Israel will be able to use this permit as
a safe passage card.
c. Safe
passage cards and vehicle safe passage permits shall be stamped
by the Israeli authorities at the crossing point with the time
of departure from the crossing point and the estimated time of
arrival.
d. Residents
of the Gaza Strip and the Jericho Area who are denied entry into
Israel may be permitted by Israel to use safe passage in
accordance with special arrangements to be made in each
individual case through the JSC.
e. Special
arrangements will apply with respect to passage of Palestinian
leaders, senior Palestinian Authority officials and
distinguished personalities. The CAC will define the scope and
nature of these special arrangements, in consultation with the
JSC.
f. The mode of
passage of Palestinian policemen on duty, between the Gaza Strip
and the Jericho Area, will be coordinated through the JSC.
g. Any
additional matters relating to the usage of safe passage will be
coordinated through the JSC.
3. Passage and
Mode of Transit
a. Persons and
vehicles in transit under these arrangements shall neither break
their journey nor depart from the designated routes, and shall
complete the transit within the designated time stamped on their
safe passage cards and permits, unless a delay is caused by a
medical emergency or a technical breakdown.
b. Persons
using safe passage shall be subject to the laws and regulations
applicable in Israel and in the West Bank respectively.
c. Persons and
vehicles using safe passage shall not carry explosives, firearms
or other weapons or ammunition, except for special cases that
will be agreed to in the JSC.
4. General
Provisions Regarding the Routes
a. The above
arrangements shall in no way affect the status of the routes
used for safe passage.
b. Routes used
for safe passage shall be closed on Yom Kippur, Israel's
Memorial Day and Israel's Independence Day.
c. Without
prejudice to the use of safe passage, Israel may, for security
or safety reasons, temporarily modify the arrangements for safe
passage. Notice of such temporary modification shall be given to
the Palestinian authority through the JSC. At least one route of
safe passage shall, however, remain open.
d. Israel
shall notify the Palestinian Authority of incidents involving
persons using safe passage.
Article X
Passages
1. General
a. While Israel remains responsible during the interim period
for external security, including along the Egyptian border and
the Jordanian line, border crossing shall take place according
to the arrangements included in this Article. These arrangements
aim at creating a mechanism that facilitates the entry and exit
of people and goods, reflecting the new reality created by the
Declaration of Principles, while providing full security for
both sides.
b. The arrangements included in this Article shall apply to the
following border crossings:
1. the Allenby
Bridge crossing; and
2. the Rafah
crossing.
c. The same
arrangements will be applied by the Parties, with the necessary
adjustments, to agreed seaports, airports or other international
crossings, such as the Abdullah and Damya bridges.
d. The two
sides are determined to do their utmost to maintain the dignity
of persons passing through the border crossings. To this end,
the mechanism created will rely heavily on brief and modern
procedures.
e. In each
border crossing there will be one terminal, consisting of two
wings. The first wing will serve Palestinian residents of the
Gaza Strip and West Bank and visitors to these areas
(hereinafter "the Palestinian Wing"). The second wing will serve
Israelis and others (hereinafter "the Israeli Wing"). There will
be a closed Israeli checking area and a closed Palestinian
checking area, as set out below.
f. Special
arrangements will apply to VIPs crossing through the Palestinian
Wing. The liaison bureau to be established pursuant to paragraph
5 below (hereinafter "the Liaison Bureau") will define the scope
and the nature of these special arrangements.
2. Control and
Management of the Passages
a. For the
purpose of this Article, "passage" is defined to mean the area
from the crossing barrier at the Egyptian border or the Allenby
Bridge, passing through and including the terminal and:
1. with regard
to the Allenby Bridge crossing, from the terminal up to the
Jericho Area; and
2. with regard
to the Rafah crossing, from the terminal up to the outer limit
of the Israel military location along the Egyptian border.
b.
1. Israel will
have the responsibility for security throughout the passage,
including for the terminal.
2. An Israeli
director-general will have the responsibility for the management
and security of the terminal.
3. The
director-general will have two deputies who will report to him:
a. an Israeli
deputy who will be the manager of the Israeli Wing. Israel will
have exclusive responsibility for the management of the Israeli
Wing; and
b. a
Palestinian deputy, appointed by the Palestinian Authority, who
will be the manager of the Palestinian Wing.
4. Each deputy
will have an assistant for security and an assistant for
administration. The assignments of the Palestinian deputies for
security and administration will be agreed upon by the two
sides.
5. There will
be maximum coordination between the two sides. Both sides will
maintain cooperation and coordination on matters of mutual
concern.
6. The
director-general will continue to use Palestinian contractors to
provide bus services and other administrative and logistical
services.
7. Palestinian
policemen present at the terminal will be armed with handguns.
Their deployment will be decided upon by the two sides. Other
Palestinian officials present at the terminal will be unarmed.
8. The details
of management and security and Liaison Bureau issues will be
dealt with by the two sides.
9. The two
sides will work together in order to seek ways for additional
arrangements in the Rafah terminal.
10. Both sides
will review these procedures in a year's time.
c. Except for
the arrangements included in this Article, the current
procedures and arrangements applicable outside the terminal
shall continue to apply throughout the passage.
d.
1. Once
incoming passengers have crossed the terminal, they will proceed
to the Jericho Area or the Gaza Strip, as appropriate, without
any interference from Israeli authorities (safe passage).
2. Outgoing
passengers may proceed to the terminal without any interference
from Israeli authorities after joint verification that such
passengers hold the necessary documentation for exiting the area
to Jordan or Egypt, as set out in this Agreement.
3.
Arrangements for Entry from Egypt and Jordan Through the
Palestinian Wing
a. At the
entrance to the Palestinian Wing there will be a Palestinian
policeman and a raised Palestinian flag.
b. Before
entering the Palestinian Wing, passengers will identify their
personal luggage and it will be placed on a conveyor belt. Each
side will be able to inspect such luggage inside its own
checking area, using its own personnel and, if necessary, may
open the luggage for inspection in the presence of the owner and
a Palestinian policeman.
c. Persons
entering the Palestinian Wing will pass through a magnetic gate.
An Israeli policeman and a Palestinian policeman will be posted
on each side of this gate. In the event of suspicion, each side
will be entitled to require a physical inspection to be
conducted in inspection booths to be located adjacent to the
gate. Passengers will be inspected by a Palestinian policeman in
the presence of an Israeli policeman. Accompanying personal
belongings may also be inspected at this point.
d. Having
completed the above phase, persons entering the Palestinian Wing
will pass through one of three lanes for the purpose of
identification and document control, as follows:
1. The first
lane will be used by Palestinian residents of the Gaza Strip and
the Jericho Area. These passengers will pass via a Palestinian
counter, where their documents and identity will be checked.
Their documents will be checked by an Israeli officer who will
also check their identity indirectly in an invisible manner.
2. The second
lane will serve other Palestinian residents of the West Bank.
These passengers will first pass via a Palestinian counter,
where their documents and identity will be checked. Then they
will continue via an Israeli counter, where their documents and
identity will be checked. The two counters will be separated by
tinted glass and a revolving door.
3. The third
lane will serve visitors to the Gaza Strip and West Bank. An
identical procedure as in paragraph 3.d(2) above will apply to
such visitors, except that they will first pass via the Israeli
counter, and then continue via the Palestinian counter.
e. In the
event of suspicion regarding a passenger in any of the three
lanes described in subparagraph d. above, each side may question
such passenger in its closed checking area. Suspicion justifying
questioning in the closed checking area may be one of the
following:
1. the
passenger was involved, directly or indirectly, in criminal or
planned criminal activity, in terrorist or planned terrorist
activity and is not a beneficiary of the amnesty provisions of
this Agreement.
2. the
passenger conceals arms, explosives or related equipment;
3. the
passenger holds forged or non-valid documentation or the details
included in the documentation are inconsistent with those
included in the population registry (in case of a resident) or
in the data base (in case of a visitor), except that questions
relating to such inconsistency will initially be raised at the
counter and the passenger will be questioned in the closed
checking area only if the suspicion has not been removed; or
4. the
passenger acts in an obviously suspicious behavior during the
passage via the terminal.
If, at the
conclusion of this questioning, the suspicion has not been
removed, such passenger may be apprehended, after the other side
has been notified. In case of a Palestinian suspect being
apprehended by the Israeli side, a Palestinian policeman will be
asked to meet with the suspect. Following notification to the
Liaison Bureau, any further treatment of the apprehended person
will be in accordance with Annex III.
f. In the
Palestinian Wing, each side will have the authority to deny the
entry of persons who are not residents of the Gaza Strip and
West Bank.
For the
purpose of this Agreement, "residents of the Gaza Strip and West
Bank" means persons who, on the date of entry into force of this
Agreement, are registered as residents of these areas in the
population registry maintained by the military government of the
Gaza Strip and West Bank, as well as persons who have
subsequently obtained permanent residency in these areas with
the approval of Israel, as set out in this Agreement.
g. Following
the above procedure, the passengers will collect their luggage
and proceed to the customs area as described in Annex IV.
h. The Palestinian side will provide passengers whose entry is
approved with an entry permit stamped by the Palestinian side
and attached to their documents.
At the
conclusion of the direct and indirect checking of the documents
and identity of passengers passing via the first lane and
stamping their entry permits, the Palestinian officer will
provide the passenger with a white card issued by the Israeli
officer. A Palestinian official posted at the exit of the
Palestinian Wing will verify that the passenger holds such a
white card and will collect the cards with indirect and
invisible Israeli checking.
For passengers
going through the second and third lanes, the Israeli officer
will provide the passengers with a blue card, after checking
their documents and identity, and verifying their entry permits.
An Israeli and a Palestinian official posted at the exit of the
Palestinian Wing will verify and collect the cards. White and
blue cards collected will be checked by Israeli and Palestinian
officials.
In cases where
either side denies the entry of a non-resident passenger, that
passenger will be escorted out of the terminal and sent back to
Jordan or Egypt, as appropriate, after notifying the other side.
4.
Arrangements for Exit to Egypt and Jordan Through The
Palestinian Wing
Passengers
exiting to Egypt or Jordan through the Palestinian Wing will
enter the terminal without their luggage. Thereafter, the same
procedures described in paragraph 3 above will apply to them,
except that the order of passing via the Israeli and Palestinian
counters will be reversed.
5. Liaison
Bureau
a. There will
be a liaison bureau at each crossing point in order to deal with
matters arising regarding passengers passing through the
Palestinian Wing, issues requiring coordination, and differences
regarding the implementation of these arrangements.
Without
derogating from Israel's responsibility for security, the bureau
will also deal with incidents.
b. This bureau
will be comprised of an equal number of representatives from
each side and will be located at a specified location inside
each terminal.
c. This bureau
will be subordinate to the relevant subcommittee of the CAC.
6.
Miscellaneous
a. Special
arrangements will be agreed upon by the two sides regarding the
passage of goods, buses, trucks and privately-owned vehicles.
Pending this agreement, the current arrangements will continue
to apply.
b. Israel will
attempt to complete the structural alterations on the Rafah and
Allenby Bridge terminals not later than the date of the
completion of the withdrawal of Israeli forces from the Gaza
Strip and the Jericho Area. If these structural alterations are
not completed by that time, the arrangements described in this
Article shall apply, except for those arrangements that cannot
be implemented without the structural alterations.
c. In order to
cross through the crossing points into and out of the Gaza Strip
and the Jericho Area, residents of these areas will use
documents as detailed in Annex II. Pending the entry into force
of the Interim Agreement, other West Bank residents will
continue to use the existing documents issued by the military
government and its Civil Administration.
Article XI
Security Along
the Coastline and in the Sea of Gaza
1. Maritime
Activity Zones
a. Extent of
Maritime Activity Zones
The sea off
the coast of the Gaza Strip will be divided into three Maritime
Activity Zones, K, L, and M as shown on map No. 6 attached to
this Agreement, and as detailed below:
1. Zones K and
M
a. Zone K
extends to 20 nautical miles in the sea from the coast in the
northern part of the sea of Gaza and 1.5 nautical miles wide
southwards.
b. Zone M
extends to 20 nautical miles in the sea from the coast, and one
(1) nautical mile wide from the Egyptian waters.
c. Subject to
the provisions of this paragraph, Zones K and M will be closed
areas, in which navigation will be restricted to activity of the
Israel Navy.
2. Zone L
a. Zone L
bounded to the south by Zone M and to the north by Zone K
extends 20 nautical miles into the sea from the coast.
b. Zone L will
be open for fishing, recreation and economic activities, in
accordance with the following provisions:
i. Fishing
boats will not exit Zone L into the open sea and may have
engines of up to a limit of 25 HP for outboard motors and up to
a maximum speed of 15 knots for inboard motors. The boats will
neither carry weapons nor ammunition nor will they fish with the
use of explosives.
ii.
Recreational boats will be permitted to sail up to a distance of
3 nautical miles from the coast unless, in special cases,
otherwise agreed within the Maritime Coordination and
Cooperation Center as referred to in paragraph 3 below.
Recreational boats may have engines up to a limit of 10
horsepower. Marine motor bikes and water jets will neither be
introduced into Zone L nor be operated therein.
iii. Foreign
vessels entering Zone L will not approach closer than 12
nautical miles from the coast except as regards activities
covered in paragraph 4 below.
b. General
Rules of the Maritime Activity Zones
1. The
aforementioned fishing boats and recreational boats and their
skippers sailing in Zone L shall carry licenses issued by the
Palestinian Authority, the format and standards of which will be
coordinated through the JSC.
2. The boats
shall have identification markings determined by the Palestinian
Authority. The Israeli authorities will be notified through the
JSC of these identification markings.
3. Residents
of Israeli settlements in the Gaza Strip fishing in Zone L will
carry Israeli licenses and vessel permits.
4. As part of
Israel's responsibilities for safety and security within the
three Maritime Activity Zones, Israel Navy vessels may sail
throughout these zones, as necessary and without limitations,
and may take any measures necessary against vessels suspected of
being used for terrorist activities or for smuggling arms,
ammunition, drugs, goods, or for any other illegal activity. The
Palestinian Police will be notified of such actions, and the
ensuing procedures will be coordinated through the Maritime
Coordination and Cooperation Center.
2. The
Palestinian Coastal Police
a. The
Palestinian Coastal Police may function in Zone L, up to a
distance of 6 nautical miles from the coast. In special cases,
it may also exercise control over Palestinian fishing boats
fishing in Zone L in an additional area of 6 nautical miles, up
to the limit of 12 nautical miles from the coastline, after
clearance and coordination through the Maritime Coordination and
Cooperation Center.
b. The
Palestinian Coastal Police shall have up to 8 boats with a
displacement of up to 30 tons. They will sail at a speed of up
to 20 knots.
c. The boats
shall carry weapons of up to a 7.62 mm caliber.
d. Boats of
the Palestinian Coastal Police may fly a Palestinian flag, have
police identification markings and shall operate identification
lights.
e. The Parties shall cooperate on all sea matters, including
mutual help at sea, and pollution and environmental issues.
f. The boats
of the Palestinian Coastal Police will initially use the Gaza
Wharf.
g. Boats belonging to Israelis are solely subject to the
control, authority and jurisdiction of Israel and the Israel
Navy.
3. Maritime
Coordination and Cooperation Center
a. A Maritime
Coordination and Cooperation Center (hereinafter "the MC") shall
function as part of the JSC, to coordinate civil maritime
activities and coastal police affairs off the coast of the Gaza
Strip.
b. The MC
shall function within the relevant DCO, and will determine its
own rules of procedure.
c. The MC
shall function 24 hours a day.
d. The MC
shall be staffed by members of the Israel Navy and the
Palestinian Coastal Police, each providing a liaison officer and
an assistant liaison officer.
e. A direct
radio telephone link (hot line) shall be set up between the
Israel Navy vessels and the Palestinian Coastal Police vessels.
f. The role of
the MC is to coordinate:
1. assistance
between the Coastal Police and the Israel Navy as may be
necessary to deal with incidents arising at sea;
2. Coastal
Police training involving the use of firearms;
3. joint
activities between the Coastal Police and the Israel Navy when
pre-planning is operationally necessary;
4. radio
contact between Coastal Police and Israel Navy vessels in the
event that "hot line" communication between vessels of the two
sides was not established;
5.
6. search and rescue operations; and
7. maritime activities related to an agreed port, when
established in the Gaza Strip.
4. Gaza Strip
Port
a. Plans for the establishment of a port in the Gaza Strip in
accordance with the Declaration of Principles, its location, and
related matters of mutual interest and concern, as well as
licenses for vessels and crews sailing on international voyages
will be discussed and agreed upon between Israel and the
Palestinian Authority taking into consideration the provisions
of Article X of this Agreement. To this end a special committee
will be established by the two sides.
b. The Gaza
Sea Port Authority referred to in the Declaration of Principles,
shall act on behalf of the Palestinian Authority in accordance
with the provisions of this Agreement.
c. Pending
construction of a port, arrangements for entry and exit of
vessels, passengers and goods by sea, as well as licenses for
vessels and crews sailing on international voyages in transit to
the Gaza Strip and the Jericho Area, shall be through Israeli
ports in acordance with the relevant rules and regulations
applicable in Israel and in accordance with the provisions of
Annex IV.
Article XII
Security of
the Airspace
1. Operation
of aircraft for the use of the Palestinian Authority in the Gaza
Strip and the Jericho Area shall be initially as follows:
a. Two (2)
transport helicopters for VIP transportation within and between
the Gaza Strip and the Jericho Area.
b. Four (4) up
to twenty persons capacity fixed-wing transport aircraft, for
transporting persons between the Gaza Strip and the Jericho
Area.
2. Changes in
the number, type and capacity of aircraft may be discussed and
agreed upon in a Joint Aviation Subcommittee (hereinafter "the
JAC") to be established within the JSC.
3. The
Palestinian Authority may immediately establish and operate in
the Gaza Strip and the Jericho Area provisional airstrips for
the helicopters and fixed-wing aircraft referred to in
subparagraphs 1.a and 1.b above, in accordance with arrangements
and modalities to be discussed and agreed upon in the JAC.
All aviation
activity or usage of the airspace by any aerial vehicle in the
Gaza Strip and the Jericho Area shall require prior approval of
Israel. It shall be subject to Israeli air traffic control
including, inter alia, monitoring and regulation of air routes
as well as relevant regulations and requirements to be
implemented in accordance with the Israel Aeronautical
Information Publication, the relevant parts of which will be
issued after consultation with the Palestinian Authority.
Aircraft
taking off from, and landing in the Gaza Strip and the Jericho
Area shall be registered and licensed in Israel or in other
states members of ICAO. Air crews of such aircraft shall be
licensed in Israel or in such other states, provided that such
licenses have been approved and recommended by the Palestinian
Authority and validated by Israel.
4. Aircraft
referred to in this Article shall not carry firearms,
ammunition, explosives or weapons systems, unless otherwise
approved by both sides. Special arrangements for armed guards
escorting high-ranking officials, will be agreed upon in the
JAC.
5. The
location of navigational aids and other aviation equipment will
be approved by Israel through the JAC.
6.
a. The
Palestinian Authority shall ensure that only the aviation
activity in accordance with this Agreement will take place in
the Gaza Strip and the Jericho Area.
b. Further
powers and responsibilities may be transferred to the
Palestinian Authority through the JAC.
c. The
Palestinian Authority may establish a Palestinian Civil Aviation
Department to act on its behalf in accordance with the
provisions of this Article and of this Agreement.
7.
a. Aviation
activity by Israel will continue to be operated above the Gaza
Strip and the Jericho Area, with the same limitations applicable
in Israel regarding civil and military flights over
densely-populated areas.
b. Israel will
notify the Palestinian Authority of emergency rescue operations,
searches and investigations of aerial accidents carried out in
the Gaza Strip and the Jericho Area. Searches and investigations
of civilian aircraft accidents will be conducted by Israel with
the participation of the Palestinian Authority.
8. Commercial,
domestic and international air services to, from and between the
Gaza Strip and the Jericho Area may be operated by Palestinian,
Israeli or foreign operators approved by both sides, certified
and licensed in Israel or in ICAO member states maintaining
bilateral aviation relations with Israel. Arrangements for such
air services, beginning with a service between Gaza and Cairo
using two (2) fixed-wing aircraft with capacity up to fifty
passengers each, as well as arrangements regarding the
establishment and operation of airports and air terminals in the
Gaza Strip and the Jericho Area, will be discussed and agreed
upon by the two sides in the JAC.
Any such
international commercial air services will be carried out in
accordance with Israel's bilateral aviation agreements. The
implementation phase will be discussed and agreed upon in the
JAC.
GAZA-JERICHO AGREEMENT
ANNEX II PROTOCOL CONCERNING CIVIL AFFAIRS
Article I
Liaison and
Coordination in Civil Matters
A. Joint
Civil Affairs Coordination and Cooperation Committee
1. Joint Civil Affairs Coordination and Cooperation Committee
(hereinafter "the CAC") is hereby established.
2. The
functions of the CAC are to coordinate between the Palestinian
Authority on one hand, and Israel and the Civil Administration
that shall continue to function in the rest of the West Bank on
the other hand, concerning the following day-to-day matters:
a. Civil matters, including issues concerning the transfer of
powers and responsibilities from the Israeli military government
and its Civil Administration to the Palestinian Authority.
Matters
arising with regard to roads, power lines and other
infrastructure which require coordination according to this
Agreement.
b. Questions
regarding passage to and from the Gaza Strip and the Jericho
Area and safe passage between the Gaza Strip and the Jericho
Area, including crossing points and international crossings.
c. Day-to-day
contacts between the two sides as regards matters such as
employment permits, hospitalization, transportation licensing,
transfer of information, etc.
d. Joint projects, matters of mutual interest and other matters
requiring coordination and cooperation.
3. The CAC
shall be comprised of an equal number of representatives from
Israel and from the Palestinian Authority, and shall convene at
least once a month unless otherwise agreed. Each side may
initiate the convening of a special meeting on short notice.
4. The CAC
shall determine by agreement its mode of procedure.
5. Matters of
principle and policy not settled within the CAC shall be passed
on to the Joint Israeli-Palestinian Liaison Committee.
B. Joint
Regional Civil Affairs Subcommittees
1. The CAC
shall establish two Joint Regional Civil Affairs Subcommittees
(hereinafter "the Subcommittees") for the Gaza Strip and the
Jericho Area respectively.
2. Each
Subcommittee shall deal with the day-to-day civil affairs
matters as detailed in paragraph A.2 above.
The Jericho
Area Subcommittee shall also coordinate the relations between
the Palestinian Authority and the military government and Civil
Administration in the rest of the West Bank.
3. Each
Subcommittee may establish ad hoc working groups if and when the
need arises.
4. Each
Subcommittee shall be comprised of an equal number of
representatives from Israel and from the Palestinian Authority
and shall convene no less than once every two weeks.
C. General
1. Means of
communication shall be set up with a view to ensuring efficient
and direct contact 24 hours a day, in order to deal with any
urgent matter arising in the civil affairs field.
2. Each side
shall inform the other of its representatives to each committee
prior to a meeting. Meetings of the CAC and its subcommittees
shall be organized and hosted by the two sides alternately
unless otherwise agreed.
3. The
provisions detailed above shall not impede daily contacts
between representatives of Israel and of the Palestinian
Authority in all matters of mutual concern.
Article II
Transfer of
Powers and Responsibilities of the Civil Administration
A.
1. The
transfer of powers and responsibilities from the Israeli
military government and its Civil Administration to the
Palestinian Authority shall be coordinated through the CAC and
implemented in accordance with the following arrangements in a
smooth, peaceful and orderly manner.
2.
Preparations for the transfer of such powers and
responsibilities shall commence immediately upon the signing of
this Agreement, and shall be completed within 21 days.
a. The Israeli authorities shall provide all necessary
assistance to the Palestinian Authority, including access to
offices, registers, records, systems and equipment and all
necessary information, data and statistics required for the
transfer of powers and responsibilities.
b. Israel shall provide the Palestinian Authority with all the
details as described in subparagraph 38 below.
3. On the date
fixed for the transfer of powers and responsibilities, Israel
shall transfer from the possession of the Israeli military
government and its Civil Administration to the Palestinian
Authority offices, budgetary allocations, financial funds and
accounts, equipment, registers, files, computer programs and
other movable property necessary for its functioning.
B. All powers
and responsibilities of the Civil Administration shall be
transferred to the Palestinian Authority in the Gaza Strip and
the Jericho Area, in accordance with the following provisions:
1. Interior
Affairs:
This sphere includes, inter alia, municipal affairs, licensing
of newspapers and publications, censorship of films and plays
and appointment of Mukhtars. In the Gaza Strip, this sphere
shall also include fire fighting and Ottoman Societies.
2.
Fisheries:
a. This sphere includes, inter alia, licensing of fishermen,
marine agriculture and vessels' permits.
b. Security restrictions are dealt with in Annex I, Article XI.
3.
Surveying:
This sphere includes, inter alia, licensing of surveyors and
performing surveys in areas falling within the Palestinian
Authority's jurisdiction.
4.
Statistics:
a. The transfer of powers and responsibilities in this sphere
includes inter alia transfer of research reports and
publications prepared by the Department of Statistics.
b. The application and validity of censuses which may be
conducted by the Palestinian Authority shall be subject to the
provisions of subparagraph 27.l below.
c. Methods of cooperation regarding the collection of data on
the movement of goods, services and labor between Israel and the
Gaza Strip and the Jericho Area is dealt with in Annex IV.
5. Comptrol
6. Civil
Administration Employees:
The Palestinian Authority assures that it shall keep employing
the present Palestinian Civil Administration employees in the
Gaza Strip and the Jericho Area and shall maintain their rights.
7. Legal
Administration:
a. This sphere includes, inter alia, administration of the
Palestinian judiciary system in the Gaza Strip and the Jericho
Area, licensing of lawyers, registration of companies and
registration of patents and trademarks in these areas.
b. Legal issues regarding commercial and civil jurisdiction, as
well as legal assistance, are dealt with in Annex III.
8. Labor:
a. Israel and the Palestinian Authority shall establish agreed
procedures for mutual recognition of professional certificates
and diplomas.
b. Restrictions regarding supervision and licensing of the
production and use of explosives and gunpowder shall be in
accordance with Annex I, Article VIII, paragraph 8.
9.
Education:
Israel and the Palestinian Authority shall ensure that their
respective education systems contribute to the peace between
Israel and the Palestinian people and peace in the entire
region.
10. Social
Welfare:
This sphere includes, inter alia, registration and supervision
of charitable societies.
11.
Assessments
12. Housing
13.
Tourism:
a. This sphere includes, inter alia, the licensing of hotels,
souvenir shops and travel agents.
b. Tourism policy in general, and coordination between Israel
and the Palestinian Authority, are dealt with in Annex IV.
14. Parks:
Transfer of powers and responsibilities in this sphere is
without prejudice to the provisions applying to religious and
archaeological sites.
15. Religious
Affairs:
a. The Palestinian Authority shall ensure free access to all
holy sites in the Gaza Strip and the Jericho Area determined by
the respective religious sects and shall protect these sites.
b. The above is without prejudice to the arrangements with
regard to archaeological sites as set out in subparagraph 30
below.
c. Visitors to holy sites shall behave according to accepted
rules of behavior in holy sites.
d. Religious sects shall inform the Palestinian Authority of
their respective holy sites in the Gaza Strip and the Jericho
Area. For the purposes of this paragraph, the relevant authority
regarding Jewish holy sites shall be the Israeli Government.
e. A list of the existing Jewish holy sites is attached as
Appendix A attached to this Annex.
f. Israel declares that no property (including lands, buildings
and institutions) belonging to the Islamic Waqf in the Gaza
Strip and the Jericho Area was taken by the military government
or its Civil Administration, except such property that might
have been put to use for public purposes such as schools and
public roads.
g. Pending the entry into force of the Interim Agreement the
holy site of Nebi Mousa shall be under the auspices of the
Palestinian Authority for religious purposes.
h. During religious events that take place three times a year
and other special occasions that shall be coordinated with the
Israeli authorities, Palestinians shall have the right to
religious pilgrimage to the al-Maghtas under the Palestinian
flag.
i. Religious affairs in the "Shalom Al Israel" synagogue in
Jericho shall be under the auspices of the Israeli authorities.
16.
Employee Pensions:
a. This sphere includes, inter alia, the pension rights of
employees of the Civil Administration as well as employees of
other bodies who are entitled to pensions from the Civil
Administration in the Gaza Strip and the Jericho Area.
b. As part of its powers and responsibilities, the Palestinian
Authority shall assume the Civil Administration's statutory and
contractual obligations to Palestinian employees, regarding
pensions and their payment.
c. In the Gaza Strip, upon the transfer of powers and
responsibilities, the Palestinian Authority shall assume
prevailing powers and obligations, according to the existing
pension system.
Israel shall transfer to the Palestinian Authority, or to a
Pension and Insurance Fund if established, the net income of the
Fund (all payments plus interest after deduction of pension
payments and running expenses) as accumulated at the Israel
Ministry of Finance.
d. In the Jericho Area, the Palestinian Authority shall assume
responsibility for payment of a budgetary pension.
e. After the transfer of authorities in this sphere, if Israel
is sued by any employee or his/her heirs for any sums due to
him/her as a pension, the Palestinian Authority shall reimburse
Israel the full amount awarded the employee or his/her heirs by
any court or tribunal.
f. Where legal proceedings are brought in respect of such a
claim, Israel will notify the Palestinian Authority and enable
it to participate in defending the claim.
17.
Commerce and Industry:
a. This sphere includes, inter alia, licensing of crafts and
industries, supervision of commodities and services and of
weights and measures, and the regulation of commerce.
b. The Palestinian Authority shall make arrangements to ensure
safety conditions for the production, use and transportation of
fuel and gas.
c. The production and use of weapons, ammunition or explosives
are dealt with in Annex I, Article VIII, paragraph 8.
d. The economic relations between Israel and the Gaza Strip and
the Jericho Area, and questions relating to imports to and
exports from the Gaza Strip and the Jericho Area, are dealt with
in Annex IV.
e. Matters regarding the environment are dealt with in
subparagraph 35. below.
18. Health:
a. This sphere includes, inter alia, the health insurance
system.
b. The Palestinian Authority shall apply the present standards
of vaccination of Palestinians and shall improve them according
to internationally-accepted standards in the field.
c. The Palestinian Authority shall inform Israel of any Israeli
hospitalized in a Palestinian hospital as outlined in Annex I,
Article II. Arrangements for moving such hospitalized Israelis
shall be agreed upon in the CAC.
d. Israel and the Palestinian Authority shall agree on
arrangements regarding treatment and hospitalization of
Palestinians in Israeli hospitals.
e. Israel and the Palestinian Authority shall exchange
information regarding epidemics and contagious diseases and
shall develop methods for exchange of medical files and
documents.
f. Import of pharmaceuticals to the Gaza Strip and the Jericho
Area through Israeli sea ports and airports shall be in
accordance with general arrangements concerning imports, as
dealt with in Annex IV.
19.
Transportation:
a. This sphere includes, inter alia, licensing of public
transportation.
b. In exercising its powers and responsibilities, the
Palestinian Authority shall make appropriate arrangements for
the continued operation of existing Israeli public
transportation lines to the Settlements.
c. High and appropriate international transportation standards
shall be applied in the Gaza Strip and the Jericho Area.
d. Regulations in the transportation sphere shall continuously
adapt to improvements in international standards due to the
dynamics of technology and environmental considerations. Due
consideration shall be given to compatibility between the
standards of the Palestinian Authority and of Israel.
e. Regulations in the transportation field, including traffic
signalization, shall be applied with a view to assuring the
safety of all persons, to contributing to economic growth and to
protecting the common environment.
f. Regarding meteorology, there shall be mutual assistance and
cooperation between the Israeli and the Palestinian weather
forecasting offices.
g. The issue of establishing transport and communication lines
to and from the Jericho Area and the Gaza Strip to Israel and
the West Bank is dealt with in Appendix B attached to this
Annex.
h. The arrangements regarding the transfer of authorities
concerning maritime activity and aviation are dealt with in
Annex I.
20.
Agriculture:
a. Israel and the Palestinian Authority shall do their utmost to
preserve and improve the veterinary standards.
b. Israel and the Palestinian Authority shall take all measures
to reach equivalent and compatible standards regarding animal
disease control, including mass vaccination of animals and
avians, quarantines, "stamping out" measures and residue control
standards.
c. Mutual arrangements shall be made to prevent the introduction
and spread of plant pests and diseases, for their eradication,
as well as arrangements concerning residue control standards in
plant products.
d. The veterinary and the plant protection authorities of Israel
and the Palestinian Authority shall coordinate and regularly
exchange information regarding animal diseases, as well as plant
pests and diseases, and shall establish a mechanism for
immediate notification of the outbreak of such diseases.
e. Economic relations in the agricultural sphere between Israel
and the Palestinian Authority, including transfer of
agricultural goods, are dealt with in Annex IV.
f. Experts from both sides shall discuss the details of the
arrangements regarding veterinary and plant protection within
the CAC.
21.
Employment:
a. Procedures
for distributing employment permits to work in Israel and in the
Settlements shall be agreed upon between Israel and the
Palestinian Authority.
b. Arrangements concerning the rights of employees and workers
from the Gaza Strip and the Jericho Area working in Israel are
dealt with in Annex IV.
22. Land
Registration:
All powers and responsibilities regarding land registration will
be transferred to the Palestinian Authority, except the
Settlements and the Military Installation Area.
23. Nature
Reserves:
a. Israel and the Palestinian Authority shall safeguard and
preserve nature in general and shall protect species of animals,
plants and flowers of special breeds.
b. The Palestinian Authority shall respect the existing status
of declared nature reserves and shall safeguard them.
24.
Electricity:
a. The Palestinian Authority shall continue, as appropriate, to
buy electric power from the Jerusalem Electricity Company for
the Jericho area.
b. Pending the establishment by the Palestinian Authority of an
alternative system for the Gaza Strip, it shall temporarily buy
electric power from the Israel Electric Company (IEC), and to
that end shall enter into a commercial agreement with the IEC.
This Agreement shall relate to the settling of debts; to IEC
property; and to the maintenance of lines to Palestinian
customers.
c. Without derogating from the powers and responsibilities
transferred to the Palestinian Authority above, the Palestinian
Authority shall enable the supply of electricity to the Gush
Katif settlement area and the Kfar Darom settlement by the IEC,
as well as the maintenance by the IEC of the electricity lines
to these locations and of the electricity lines crossing the
Jericho Area.
The means of supplying electricity and the modalities of
maintenance of lines to the Gush Katif settlement area and the
Kfar Darom settlement shall be arranged by means of a commercial
agreement between the Palestinian Authority and the IEC.
d. Environmental matters relating to electricity shall be
governed by the provisions regarding environmental protection as
set forth in subparagraph 35. below.
25. Public
Works:
a. This sphere includes, inter alia, the Housing Department in
the Gaza Strip.
b. In principle, maintenance and repairs of the Lateral Roads
leading to the Settlements and the Military Installation Area
shall be carried out by the Palestinian Authority.
c. Where such maintenance and repairs have not been effected by
the Palestinian Authority within a reasonable time, the
Palestinian Authority shall request, through the CAC, that
Israel effect such maintenance and repairs.
d. The Palestinian Authority shall notify and update Israel
through the CAC of any activity which may disturb the regular
flow of traffic on roads, including road works, repairs and
large-scale construction in close proximity to roads.
26. Postal
Services:
a. This sphere includes, inter alia, the management of post
offices and postal delivery in the Gaza Strip and the Jericho
Area.
b. The Palestinian Authority may issue postage stamps, postal
stationery (hereinafter "stamps") and date stamps, subject to
the following provisions:
1. Stamps shall include only the term "the Palestinian
Authority", the face value and the subject.
2. The face value shall be stated only in the agreed legal
currency circulating in the Gaza Strip and the Jericho Area as
detailed in Annex IV.
3. The design, symbols and subjects of stamps, postal stationery
and date stamps issued by the Palestinian Authority will be in
accordance with the principles outlined in Article XII of the
Agreement.
4. The date stamp shall include only the name of the office
responsible for the cancelling of the stamp and the date of that
operation.
c. Both sides will coordinate and cooperate in establishing
postal rates for international postal services in such a way as
to prevent mutual economic harm to each other.
d. The modalities and arrangements for sending and receiving all
postal items, including parcels, between the Gaza Strip and the
Jericho Area and Israel and the West Bank will be arranged by
means of a commercial agreement between the Israel Postal
Authority and the Civil Administration respectively on one side,
and the Palestinian Authority on the other.
e. The modalities and arrangements for sending and receiving all
postal items, including parcels, between the Gaza Strip and the
Jericho Area and other countries will be arranged by means of a
commercial agreement between the Israel Postal Authority and the
Palestinian Authority, further modalities will be discussed in
the CAC.
f. The customs principles detailed in Annex IV shall also apply
to postal items, including parcels, transmitted to the Gaza
Strip and the Jericho Area.
27.
Population Registry and Documentation:
a. The Palestinian Authority shall receive the existing
population registry in the Gaza Strip and the Jericho Area, as
well as files pertaining to the residents of these areas.
b. The existing identity card of the present residents of the
Gaza Strip and the Jericho Area, as well as of new residents
therein, shall be substituted by a new identity card.
c. Possession of the aforementioned identity card and, whenever
necessary, of an Israeli entrance permit, shall be required for
entry into Israel by residents of the Gaza Strip and the Jericho
Area.
d. Safe passage between the Gaza Strip and the Jericho Area of
residents of these areas shall require the possession of the
aforementioned identity card and any other necessary documents.
e. In order to ensure efficient passage procedures and to avoid
discrepancies, the Palestinian Authority shall update Israel on
a regular basis, through the CAC, of every change in its
registry, with a view to enabling Israel to maintain an updated
and current registry.
f. Exit abroad through the passages or through Israeli points of
exit by residents of the Gaza Strip and the Jericho Area shall
only be possible by means of an agreed passport/travel document.
This title
shall be written on the cover in letters of equal size.
g.
1. Persons from countries not having diplomatic relations with
Israel who visit the Gaza Strip and Jericho Area shall be
required to obtain a special visitor's permit to be issued by
the Palestinian Authority and cleared by Israel. Requests for
such permits shall be filed by a relative of the visitor
residing in the areas, through the Palestinian Authority, or by
the Palestinian Authority itself.
2. Visitors to the Gaza Strip and the Jericho Area shall be
permitted to remain in these areas for a period of up to three
months granted by the Palestinian Authority and cleared by
Israel.
The
Palestinian Authority may extend this three month period for an
additional period of up to four months and shall inform Israel
about the extension. Any further extensions require the approval
of Israel.
h. Persons from countries having diplomatic relations with
Israel who visit the Gaza Strip and the Jericho Area shall
either be required to obtain the aforementioned visitor's permit
or to hold a valid passport and an Israeli visa, when required.
i. Entry into the Gaza Strip or the Jericho Area of non-resident
Palestinians who are visitors to these areas shall be handled by
the Palestinian Authority in accordance with subparagraphs g.
and h. above.
j. The Palestinian Authority shall ensure that visitors referred
to above shall not overstay the duration of their entry permit
and authorized extensions.
k. Special VIP certificates may be issued as detailed in Annex
I.
l. The Palestinian Authority may grant permanent residency in
the Gaza Strip and the Jericho Area with the prior approval of
Israel.
m. The format of the aforementioned identity card and
passport/travel document as well as arrangements of the
implementation of the provisions set forth in this Article are
detailed in Appendix C attached to this Annex.
28.
Government and Absentee Land and other Immovables:
a. All powers and responsibilities of the Custodian of Absentee
Land and Immovables and powers and responsibilities for
governmental land and other immovables in the Gaza Strip and the
Jericho Area shall be transferred to the Palestinian Authority
in accordance with the following.
b. During the interim period, the transfer of powers and
responsibilities of the Custodians of Absentee and Government
Property in the Gaza Strip and the Jericho Area, other than
those relating to movable property, shall not apply to land and
other immovables within the Settlements and the Military
Installation Area. The issue shall be dealt with within the
permanent status negotiations.
c. The status of land and other immovables which, prior to June
1967, were in the custody of the Jordanian Custodian of Enemy
Property in the West Bank or under the management of the
Director General appointed in accordance with Order no. 25 of
31.3.50 in the Gaza Strip, shall be dealt with in the permanent
status negotiations. Pending those negotiations, the status quo
of such land and other immovables shall be maintained.
29.
Telecommunications:
a. The
Electromagnetic Sphere
1. The frequencies detailed in the telecommunications technical
schedule attached to this Annex as Appendix D are assigned for
the use of the Palestinian Authority in the Gaza Strip and the
Jericho Area, to satisfy its present needs.
2. Conditions for the use of these frequencies as well as
details concerning power, timing, direction, antenna radiation
pattern and transmission methods, are also formulated in the
aforementioned Appendix.
3. The frequencies shall serve, inter alia, a television network
and a radio network.
4. The Palestinian Authority shall ensure that only the above
frequencies shall be used and that it shall not disturb or
interfere with Israel radio communications activity, and Israel
shall ensure that there shall be no disturbance or interference
with those frequencies.
5. The compatibility of the standards of electromagnetic and
telecommunications systems and equipment imported or installed
for use in the Gaza Strip and the Jericho Area, as well as the
standards of operation of such equipment, are as agreed upon and
formulated in the attached Appendix D.
6. The CAC shall establish, as the need arises, a joint
committee of technical experts from both sides to discuss and
deal with any issue arising out of this Agreement including the
fulfillment of future needs of the Palestinian Authority.
b.
Telecommunications
1. Pending the establishment by the Palestinian Authority of an
alternative telecommunications system in the Gaza Strip and the
Jericho Area, the existing system of telephone and other related
communication services including international
telecommunications in the Gaza Strip and the Jericho Area shall
continue through "Bezeq - the Israel Telecommunications Corp.
Ltd." (hereinafter "Bezeq") and to that end, the Palestinian
Authority shall enter into a commercial agreement with Bezeq.
2. Without derogating from the powers and responsibilities of
the Palestinian Authority, the Palestinian Authority shall
enable the supply of telecommunications services to the
Settlements and the Military Installation area by Bezeq, as well
as the maintenance by Bezeq of the telecommunications
infrastructure serving them or infrastructure crossing the Gaza
Strip and the Jericho Area.
30.
Archaeology:
a. The Palestinian Authority shall protect and guard all
archaeological sites in the Gaza Strip and the Jericho Area,
respect academic freedom in particular the freedom publishing
research work based on excavations and shall take all necessary
steps against theft of archaeological artifacts and illegal
trade in them.
b. The CAC shall establish a joint committee of experts from
both sides to deal with all archaeological issues of common
interest. Actions which may affect the sites detailed in
Appendix A shall also be referred to this committee for
discussion and recommendation.
The Palestinian Authority shall respect such recommendations.
Disagreements on this matter within the joint committee of
experts shall be referred to the CAC to be dealt with in
accordance with the provisions of this Agreement.
c. Subject to academic considerations, and in accordance with
the law, when the Palestinian Authority grants excavation
licenses to archaeologists, researchers and academics interested
in excavating in the Gaza Strip and Jericho Area, it shall do so
without discrimination.
d. The Palestinian Authority shall ensure free access to
archaeological sites.
e. With due consideration to the Palestinian demand that Israel
shall return all archaeological artifacts found in the Gaza
Strip and Jericho area since 1967, this issue shall be dealt
with in the negotiations on the final status.
For this
purpose, Israel shall provide a list of archaeological sites for
which excavation licenses were granted since 1967, including,
where available, a general description of the artifacts found
therein, and their location.
31. Water
and Sewage
a. All water and sewage (hereinafter referred to as "water")
systems and resources in the Gaza Strip and the Jericho Area
shall be operated, managed and developed (including drilling) by
the Palestinian Authority, in a manner that shall prevent any
harm to the water resources.
b. As an exception to subparagraph a., the existing water
systems supplying water to the Settlements and the Military
Installation Area, and the water systems and resources inside
them continue to be operated and managed by Mekoroth Water Co.
c. All pumping from water resources in the Settlements and the
Military Installation Area, shall be in accordance with existing
quantities of drinking water and agricultural water.
Without derogating from the powers and responsibilities of the
Palestinian Authority, the Palestinian Authority shall not
adversely affect these quantities.
Israel shall provide the Palestinian Authority with all data
concerning the number of wells in the Settlements and the
quantities and quality of the water pumped from each well, on a
monthly basis.
d. Without derogating from the powers and responsibilities of
the Palestinian Authority, the Palestinian Authority shall
enable the supply of water to the Gush Katif settlement area and
the Kfar Darom settlement by Mekoroth, as well as the
maintenance by Mekoroth of the water systems supplying these
locations and of water lines crossing the Jericho Area.
e. The Palestinian Authority shall pay Mekoroth for the cost of
water supplied from Israel and for the real expenses incurred in
supplying water to the Palestinian Authority.
f. All relations between the Palestinian Authority and Mekoroth
shall be dealt with in a commercial agreement.
g. The Palestinian Authority shall take the necessary measures
to ensure the protection of all water systems in the Gaza Strip
and the Jericho Area.
h. Upon the signing of this Agreement, the two Parties shall
establish a subcommittee to deal with all issues of mutual
interest including the exchange of all data relevant to the
management and operation of the water resources and systems and
mutual prevention of harm to water resources.
i. The subcommittee shall agree upon its agenda and upon the
procedures and manner of its meetings, and may invite experts or
advisers as it sees fit.
32.
Planning and Zoning:
a. Authorities, powers and responsibilities in this sphere,
except in the Settlements and the Military Installation Area,
shall be transferred to the Palestinian Authority subject to the
following.
b. Planning schemes, bylaws and regulations in effect in the
Gaza Strip and the Jericho Area prior to the signing of this
Agreement shall remain in force, unless amended or abrogated in
accordance with this Agreement.
c. The Palestinian Authority may amend, abrogate or promulgate
planning schemes, and issue licenses and exemptions within its
jurisdiction, provided that such acts are consistent with the
provisions of this Agreement.
d. As part of its procedure, the Palestinian Authority shall
publish planning schemes in the form of law. The Palestinian
Authority shall provide the CAC with a copy of it.
e. If Israel considers such a plan to be inconsistent with the
terms of this Agreement, including Annex I, it may, within
thirty (30) days of the receipt by the CAC of such a plan, bring
it for consideration by a special subcommittee of the CAC and/or
request additional information regarding the plan.
The
Palestinian Authority shall respect the recommendations of the
subcommittee. Pending the completion of such a consideration
process, and due settlement of the matter in accordance with the
provisions of this Agreement, the planning procedures shall not
be finalized.
33. Direct
Taxation:
This sphere includes, inter alia, income tax on individuals and
corporations, property taxes, municipal taxes and fees, as
formulated in Annex IV.
34.
Indirect Taxation:
This sphere includes, inter alia, VAT, purchase taxes on local
production and import taxes, as formulated in Annex IV.
35.
Environmental Protection:
a. Israel and the Palestinian Authority shall act for the
protection of the environment and prevention of environmental
risks, hazards and nuisances.
b. Israel and the Palestinian Authority shall respectively
adopt, apply and ensure compliance with
internationally-recognized standards concerning acceptable
levels of land, air, water and sea pollution, and acceptable
levels of treatment and disposal of solid and liquid wastes; for
the use and handling of hazardous substances, including
pesticides, insecticides and herbicides, and standards for the
prevention and abatement of noise, odor, pests and other
nuisances which may affect each side and the Settlements and the
Military Installation Area.
c. The Palestinian Authority shall take the appropriate measures
to prevent the uncontrolled discharge in the Gaza Strip and the
Jericho Area of sewage and effluence to water sources including
underground and surface water and rivers, and to promote the
proper treatment of sanitary and industrial waste water.
d. In the event that Israel or the Palestinian Authority
considers that there might be a threat to its environment, any
relevant information concerning the development activity and its
environmental impact shall be provided by the relevant side.
e. Israel and the Palestinian Authority shall respectively
operate an emergency warning system in order to respond to
events or accidents which may generate environmental pollution,
damage or hazards. A mechanism for mutual notification and
coordination in cases of such events or accidents shall be
established.
f. Israel and the Palestinian Authority shall cooperate in
implementing agreed principles and standards concerning the
protection of the Mediterranean Sea, the protection of the ozone
layer, the control of movement of hazardous wastes and their
disposal, the restriction of trade in endangered species of wild
fauna and flora, and the conservation of migratory species of
wild animals.
g. Israel and the Palestinian Authority shall establish within
the CAC an Environmental Experts Committee for the coordination
of environmental issues, to be convened when the need arises.
36. Gas and
Petroleum:
a. This sphere includes, inter alia, distribution, supply,
licensing, sales, exploration and production of gas and
petroleum in the Gaza Strip and the Jericho Area.
b. In authorizing the construction or operation of gas and
petroleum facilities (including gas and petrol stations), a
safety distance from the Settlements and the Military
Installation Area shall be observed by the Palestinian
Authority.
c. The color of all gas cylinders in use in the Gaza Strip and
the Jericho Area shall be different than that in use in Israel.
d. Israel and the Palestinian Authority agree to cooperate
concerning the exploration and production of oil and gas in
cases of joint geological structures lying partly in Israel or
the West Bank and partly in the Gaza Strip or the Jericho Area.
e. Transfer of gas or fuel products through or to Israel and the
West Bank shall be in accordance with Israeli standards
concerning safety, security and environmental protection, and in
accordance with the arrangements regarding entry into Israel.
f. Policies of pricing, taxation, import and marketing regarding
gas and petroleum are dealt with in Annex IV.
37.
Insurance:
a. This sphere includes, inter alia, licensing of insurance
companies, insurance agents and supervision of their activity.
b. Arrangements regarding the compulsory insurance of motor
vehicles and the compensation of road accident casualties, in
view of transportation between the Gaza and the Jericho area,
are dealt with in Annex IV.
38.
Treasury:
a. In view of
the need for a smooth transfer of powers and responsibilities,
Israel shall provide the Palestinian Authority, through a team
of Palestinian auditors, with all the details concerning the
Civil Administration budget allocated for the Gaza Strip and the
Jericho Area and the revenues, expenses and accounts. It shall
also provide details regarding the Civil Administration's
existing financial system in the Gaza Strip and the Jericho
Area.
b.
1. Israel shall transfer to the Palestinian Authority all the
Gaza Strip and the Jericho Area Civil Administration funds and
bank accounts as well as movable property.
2. Israel shall provide the Palestinian Authority with a list of
the Civil Administration departments and their immovable
offices, storerooms, warehouses, etc.
3. Where such immovables are situated on private property,
including property owned by absentees, Israel shall provide the
Palestinian Authority with the contracts between the Civil
Administration and the owners of such property.
c.
1. Israel shall bring to an end all the Gaza Strip and the
Jericho Area Civil Administration service contracts detailed in
Appendix E attached to this Annex.
Upon the transfer of powers and responsibilities, Israel shall
provide the Palestinian Authority with copies of confirmations
from the contractors declaring that they have no claim or demand
concerning these contracts.
2. Civil Administration development contracts, the duration of
which extends beyond the transfer of powers and
responsibilities, as detailed in Appendix E, shall be
transferred to the Palestinian Authority and shall remain in
force.
3. Civil Administration contracts concerning leasing or renting
Waqf, absentee or private property shall be transferred to the
Palestinian Authority and shall remain in force.
4. All contracts entered into by the Custodian of Absentee and
Governmental Property for renting and leasing land shall be
transferred to the Palestinian Authority, and Israel shall give
notice of such to the tenants and lessees. It is understood that
following the transfer of such contracts the Palestinian
Authority shall have full discretion to take any decision
regarding these contracts.
d. After the
transfer of authorities, powers and responsibilities in this
sphere, if Israel is sued with regard to the contracts and
obligations referred to in subparagraph c. above, the
Palestinian Authority shall reimburse Israel for the full amount
awarded by any court or tribunal.
e. Where legal
proceedings are brought in respect of such a claim, Israel will
notify the Palestinian Authority and enable it to participate in
defending the claim.
f. Upon the
transfer of powers and responsibilities, the Palestinian
Authority shall be solely responsible for any claim regarding
its actions pursuant to the transfer.
g. Israel
shall provide the Palestinian Authority with copies of the
contracts listed in Appendix E in order to enable it to make a
decision on new contracts which it may conclude. If such
contracts are not written in Arabic, Israel shall provide the
Palestinian Authority with a translation into Arabic.
APPENDIX A
1. The Naaran
Synagogue (Ein Diuk).
2. The Jewish Cemetery in Tel Sammarat.
3. "Shalom Al Israel" Synagogue in Jericho.
4. The Jewish Synagogue in Gaza city.
APPENDIX B
To be added in the future.
APPENDIX C
Technical Schedule Regarding Population Registry and
Documentation Note: The following is only part of this Appendix.
Other sections of this Appendix shall be added in the future.
1.
Passport/travel document format
a. General
specifications
1. Languages: Arabic and English.
2. External color: green.
3. Front cover titles will be Palestinian Authority,
Passport/Travel Document (shall be written in letters of equal
size).
4. Each person, without reference to age, will hold his/her own
document.
5. The validity of the document shall be up to 3 years.
6. The number of pages: not less than 32 pages (to be checked by
international standards).
7. Perforation of the Passport/Travel Document number shall be
in at least half of the pages.
b. Internal
page of external cover
1. The same title as external.
2. Text: in Arabic and English as follows:
"This Passport/Travel Document is issued pursuant to the
Palestinian Self Government Agreement according to the Oslo
Agreement signed in Washington on September 13, 1993."
3. The rest of the text: as usual.
4. Bottom of page: < signature + seal > of the Palestinian
Authority.
c. Page number
1
Number of the Passport/Travel Document.
d. Page number
2 - the sticker
1. Same information as today. Format: to be discussed.
2. Each name shall be titled for ease of reading (first name,
family name, etc.).
e. Page number
3
1. Address of holder.
2. Text: "The bearer of this document ... "
f. Visa pages
No comments.
g. Last page
(32 or other)
The text of
paragraph 1 will be:
"This
passport/travel document, as long as it is valid, will enable
its bearer on return from abroad, to enter the Gaza Strip and
the Jericho Area."
Note: The
aforementioned is meant to enable passage through Israeli border
control without the need of an entrance visa.
APPENDIX D
Technical Schedule:
Telecommunications Pursuant to the telecommunications principles
agreed upon on February 23rd, 1994, the following modalities and
technical details have been determined by the two sides:
1. General
The
Palestinian Authority shall use or reassign within its
jurisdiction sections of frequencies covering all its required
services within the bands L.F., M.F., H.F., V.H.F. and U.H.F. up
to 960 MHz, to satisfy its present and future needs, as
specified in the principles referred to above. The growing
communication needs of the Palestinian Authority in the spheres
of administration, police and civilian sectors in the Gaza Strip
and the Jericho Area will be satisfied within a framework of
coordination and cooperation.
To that end,
the Palestinian Authority shall present its requirements through
the Joint Subcommittee of Technical Experts. Frequencies or
sections of frequencies in the aforementioned bands will be
assigned, or an alternative thereto providing the required
service within the same band, or the best possible alternative
thereto, acceptable by the Palestinian side and agreed upon by
Israel in the Joint Subcommittee of Technical Experts.
2. Technical
Details of the Initial Requirements The following is the first
batch of initial requirements of immediate concern coinciding
with the entry of the Palestinian Police and establishment of
the Palestinian Authority.
Further details and additional requirements will be presented
through the Joint Subcommittee of Technical Experts at a later
stage.
a. Wireless:
1. DCO - will operate frequencies within a 410 to 430 MHz band.
2. PDPF
3. Cellular telephones
b. Radio and Television
c. Microwave:
Palestinian
requirements for microwave communications above the frequency 1
GHz will be satisfied using the same modality and will adhere to
the technical parameters outlined in paragraph B.2 of the above
principles of February 23rd, 1994.
GAZA-JERICHO AGREEMENT
ANNEX III PROTOCOL CONCERNING LEGAL MATTERS
Article I
Criminal
Jurisdiction
1. The
criminal jurisdiction of the Palestinian Authority covers all
offenses committed in the areas under its territorial
jurisdiction (hereinafter, for the purposes of this Annex, "the
Territory") subject to the provisions of this Article.
2. Israel has
sole criminal jurisdiction over the following offenses:
a. offenses committed in the Settlements and the Military
Installation Area subject to the provisions of this Annex; and
b. offenses committed in the Territory by Israelis.
3. In
exercising their criminal jurisdiction, each side shall have the
power, inter alia, to investigate, arrest, bring to trial and
punish offenders.
4. In
addition, and without derogating from the territorial
jurisdiction of the Palestinian Authority, Israel has the power
to arrest and to keep in custody individuals suspected of having
committed offenses which fall within Israeli criminal
jurisdiction as noted in paragraphs 2 and 7 of this Article, who
are present in the Territory, in the following cases:
a. The individual is an Israeli, in accordance with Article II
of this Annex; or
b.
1. The individual is a non-Israeli suspected of having just
committed an offense in a place where Israeli authorities
exercise their security functions in accordance with Annex I,
and is arrested in the vicinity in which the offense was
committed. The arrest shall be with a view to transferring the
suspect, together with all evidence, to the Palestinian Police
at the earliest opportunity.
2. In the event that such an individual is suspected of having
committed an offense against Israel or Israelis, and there is a
need for further legal proceedings with respect to that
individual, Israel may retain him or her in custody and the
question of the appropriate forum for prosecuting such a suspect
shall be dealt with by the Legal Committee on a case-by-case
basis.
5. In the case
of an offense committed in the Territory by a non-Israeli
against Israel or an Israeli, the Palestinian Authority shall
take measures to investigate and prosecute the case, and shall
report to Israel on the result of the investigation and any
legal proceedings.
6.
a. Tourists in transit to or from Israel through the Gaza Strip
or the Jericho Area, who are present on the Lateral Roads or on
the main North-South road crossing the Jericho Area (Route No.
90), may be arrested and questioned only by the Israeli
authorities which shall notify the Palestinian Authority. Where
the Israeli authorities conclude that an offense under the
prevailing law has been committed, and that further legal
proceedings in respect of the tourist are required, such
proceedings shall be taken by the Palestinian Authority.
b. Where such a tourist present outside these areas is detained
or arrested by the Palestinian Authority, it shall notify the
Israeli authorities immediately and shall enable them at the
earliest opportunity to meet the detainee and to provide any
necessary assistance, including consular notification, requested
by the detainee.
7. Nothing in
this Article shall derogate from Israel's criminal jurisdiction
in accordance with its domestic laws over offenses committed
outside Israel (including in the Territory) against Israel or an
Israeli with due regard to the principle that no person can be
tried twice for the same offense. The exercise of such
jurisdiction shall be subject to the provisions of this Annex
and without prejudice to the criminal jurisdiction of the
Palestinian Authority.
Article II
Legal
Assistance in Criminal Matters
1. General
a. Israel and the Palestinian Authority shall cooperate and
provide each other with legal assistance in criminal matters.
Such cooperation shall include the arrangements detailed in this
Article.
b. For the purpose of this Article, "Israeli military forces"
may include Israel Police and other Israeli security forces.
c. Documents served by one Party in the territory under the
responsibility of the other, shall be accompanied by a certified
translation into the official language of the other Party.
2. Cooperation
in Criminal Matters
a. The Israel Police and the Palestinian Police shall cooperate
in the conduct of investigations. Subject to detailed
arrangements to be agreed upon, such cooperation shall include
the exchange of information, records and fingerprints of
criminal suspects, vehicle ownership registration records, etc.
b. Where an offense is committed in the Territory by an Israeli
acting jointly with an individual under Palestinian personal
jurisdiction, the Israeli military forces and the Palestinian
Police will cooperate in conducting an investigation.
c. The Palestinian authorities shall not arrest or detain
Israelis or place them in custody. Israelis can identify
themselves by presenting Israeli documentation.
However, where an Israeli commits a crime against a person or
property in the Territory the Palestinian Police upon arrival at
the scene of the offense shall immediately notify the Israeli
authorities through the relevant DCO. Until the arrival of the
Israeli military forces the Palestinian Police may, if
necessary, detain the suspect in place while ensuring his
protection and the protection of all those involved and shall
prevent interference with the scene of the offense, collect the
necessary evidence and conduct preliminary questioning.
d. Without derogating from the jurisdiction of the Palestinian
Authority over property located or transported within the
Territory, where the property is being transported or carried by
an Israeli, the following procedure shall apply: The Palestinian
authorities have the power to take any measures necessary in
relation to Israeli vehicles or personal belongings where such
vehicle or belongings have been used in commission of a crime
and present an immediate danger to public safety or health. When
such measures are taken the Palestinian authorities shall
immediately notify the Israeli authorities through the relevant
DCO, and shall continue to take the necessary measures until
their arrival.
3.
a. When an Israeli is suspected of committing an offense and is
present in the Territory, the Israeli military forces shall be
able to arrest, search and detain the suspect as required, in
the presence of and with the assistance of the Palestinian
Police.
b. When an Israeli commits an offense and is present in the
Yellow Areas or on the Lateral Roads and their adjacent sides as
defined in Annex I, the Israeli military forces may, without
derogating from the territorial jurisdiction of the Palestinian
Authority, arrest, search and detain the offender and shall
notify the Palestinian Police immediately, provide it with all
necessary information, and coordinate wherever possible.
4. When an
offense is committed inside a Settlement, and all those involved
are Palestinians of the Gaza Strip or the Jericho Area or their
visitors, the Israeli military forces shall notify the
Palestinian Police immediately and shall hand over the offender
and the collected evidence to the Palestinian Police unless the
offense is security-related.
5. Restraining
Orders
Each side shall execute orders issued by the competent organ of
the other side restraining a person under the jurisdiction of
that side from travelling abroad.
6. Summons and
Questioning of Witnesses
a. Where the statement of a witness who is an Israeli or other
person present in Israel is required for a Palestinian
investigation, the statement shall be taken by the Israel Police
in the presence of a Palestinian Police officer in an Israeli
facility at an agreed location.
b. Where the statement of a non-Israeli witness present in the
Territory is required for an Israeli investigation, the
statement shall be taken by the Palestinian Police in the
presence of an Israeli police officer in a Palestinian facility
at an agreed location.
c. In exceptional cases, each side may take a statement
requested by the other side itself, without the presence of the
requesting side.
7. Transfer of
Suspects and Defendants
a. There a non-Israeli suspected of, charged with or convicted
of an offense that falls within Palestinian criminal
jurisdiction is present in Israel, the Palestinian Authority may
request Israel to arrest and transfer the individual to the
Palestinian Authority.
b. Where an individual suspected of, charged with or convicted
of an offense that falls within Israeli criminal jurisdiction is
present in the Territory, Israel may request the Palestinian
Authority to arrest and transfer the individual to Israel.
c. Requests under subparagraphs a. and b. above shall specify
the grounds for the request and shall be supported by an arrest
warrant issued by a competent court.
d. Where the request is for the transfer of a suspect who is not
a Palestinian requested by the Palestinian Authority:
1. the arrest warrant shall only be issued pursuant to an
application made by or on behalf of the Attorney-General,
confirming that there is reasonable evidentiary basis that the
offense was committed by the suspect;
2. the offense must be punishable by not less than 7 years'
imprisonment under the law of the requesting side.
e.
1. Individuals suspected of offenses punishable by less than 7
years' imprisonment shall be interrogated by the investigating
side in a facility of the other side or at an agreed location.
2. Interrogation shall take place in the presence of a police
officer of the other side.
3. Upon the request of the investigating side the other side may
detain the suspect in custody pending and during the
questioning.
4. Where the presence of the suspect is required for an
objective reason such as confronting witnesses and
identification of site, the suspect shall be transferred for
that purpose only.
f.
1. Both sides, upon receipt of a request in accordance with this
Article, shall effect the arrest and transfer requested.
2. If the individual requested is detained in custody or is
serving a prison sentence, the side receiving the request may
delay the transfer to the requesting side for the duration of
the detention or imprisonment.
g. No person shall be transferred in respect of an offense
punishable by capital punishment unless the requesting side
undertakes that capital punishment shall not be imposed in the
case.
h.
1. Both sides shall take all necessary measures to ensure that
the treatment of individuals transferred under this Article
complies with the applicable legal arrangements in Israel and in
the Territory and with internationally-accepted norms of human
rights regarding criminal investigations.
2. Suspects transferred under this paragraph shall have the
right to be assisted during the investigation period by an
advocate of their own choice.
i. Each side may, upon the request of the other side, detain,
for no more than seven days, an individual in respect of whom a
request for arrest and transfer is to be made, pending the
submission of such a request.
j. The transfer of foreigners by Israel to the Palestinian
Authority under this Article shall be subject to the applicable
conventions to which Israel is a party and in coordination with
the foreigner's state of origin.
k. Both sides may agree that an individual convicted in the
courts of one side shall serve his sentence in a prison of the
other side, subject to arrangements and conditions to be agreed
between the sides.
8. Assistance
in the Execution of Court Orders for the Purposes of
Investigation
a. Israel and the Palestinian Authority shall execute orders
issued by each others' courts for the purposes of investigations
(e.g., search warrants, orders for the production of documents
and seizure orders), subject to the provisions of local law.
b. Where, for the purposes of an investigation, Israel or the
Palestinian Authority requires that tests or examinations (such
as fingerprinting or blood analysis) be effected in relation to
an item situated in territory under the responsibility of the
other side, that side shall effect the tests or examinations
required and transfer the results to the side conducting the
investigation. Where these results are not sufficient for the
purposes of the investigation, arrangements shall be made for
the transfer of the item to the side conducting the
investigation.
9. Legal
Assistance in the Conduct of Judicial Proceedings
a. Summons and subpoenas issued by an Israeli court in respect
of defendants and witnesses present in the Territory, shall be
effected through the Palestinian Authority which shall be
responsible for the service of summons, and the execution of
subpoenas by the Palestinian Police. Subpoenas issued in respect
of an Israeli defendant or witness shall be executed by the
Israeli military forces in the presence of and with the
assistance of the Palestinian Police.
b. Summons or subpoenas issued by a Palestinian court in respect
of defendants and witnesses present in Israel shall be effected
through the Israel Police who shall be responsible for the
service of summons and the execution of subpoenas.
c. Where the evidence of an Israeli witness is required in
connection with proceedings conducted by a Palestinian court,
the evidence of the witness shall be taken at a Palestinian
court situated at an agreed location close to one of the
crossing points, and the witness shall be accompanied by
representatives of the Israeli military forces together with the
Palestinian Police.
d. Where the evidence of a witness is required in connection
with proceedings conducted by a court of one side, such a
request will be notified to the authorities of the other side to
summon the witness.
Article III
Civil
Jurisdiction
1. The
Palestinian courts and judicial authorities have jurisdiction in
all civil matters, subject to this Agreement.
2. Israelis
conducting commercial activity in the Territory are subject to
the prevailing civil law in the Territory relating to that
activity.
Nevertheless, any enforcement of judicial and administrative
judgments and orders issued against Israelis and their property
shall be effected by Israel. Israel undertakes to execute such
judgments and orders within a reasonable time.
3. The
Palestinian courts and judicial authorities have no jurisdiction
over civil actions in which an Israeli is a party, except for
the following cases:
a. the subject matter of the action is an ongoing Israeli
business situated in the Territory (the registration of an
Israeli company as a foreign company in the Territory being
evidence of the fact that it has an ongoing business situated in
the Territory);
b. the subject matter of the action is real property located in
the Territory;
c. the Israeli party is a defendant in the action and has
consented to such jurisdiction by notice in writing to the
Palestinian court or judicial authority;
d. the Israeli party is a defendant in an action the subject
matter of which is a written agreement, and the Israeli party
has consented to such jurisdiction by a specific provision in
this agreement;
e. the Israeli party is a plaintiff who has filed an action in
the Territory. If the defendant in the action is an Israeli, his
consent to such jurisdiction in accordance with subparagraphs c.
or d. above shall be required; or
f. actions concerning other matters as agreed between the
Parties.
4. The
jurisdiction of the Palestinian courts and judicial authorities
does not cover actions against the State of Israel including its
statutory entities, organs and agents.
Article IV
Legal
Assistance in Civil Matters
1. Service of
Legal Documents Israel and the Palestinian Authority will be
responsible, in the areas under their respective territorial
responsibility, for the service of legal documents, including
subpoenas, issued by the judicial organs under the
responsibility of the other Party.
2. Interim
Orders
a. Interim orders (e.g., temporary orders of attachment, the
appointment of a receiver, restraining orders) issued by
judicial organs under the responsibility of either Party will
not have effect in the areas under the territorial
responsibility of the other Party.
b. Judicial organs under the responsibility of both Parties will
be authorized to issue interim orders which shall apply in the
areas under their territorial responsibility, even in cases in
which the primary action was filed with the judicial organs
under the responsibility of the other Party.
c. The judicial organs of each side may issue orders restraining
an individual from travelling abroad when the order relates to a
matter being tried by that organ, subject to the relevant
provisions of the domestic laws.
3. Taking
of evidence
<
>Israel and the Palestinian Authority will make arrangements for
taking evidence from witnesses, when necessary, within the areas
under their territorial responsibility, when such evidence is
sought in connection with proceedings conducted by the judicial
organs under the responsibility of the other side.
4.
Enforcement of judgements
a. Israel and the Palestinian Authority will enforce judgements
rendered by the judicial organs under the responsibility of the
other Party, provided that the judicial organ concerned had the
jurisdiction to render the judgement and further provided that
the enforcement is not contrary to public policy. The execution
office under the responsibility of Israel and the Palestinian
Authority shall execute such judgements as if rendered by their
own judicial organs.
b. In executing any judgement against Israelis the Palestinian
execution offices will be authorized to issue orders (e.g.,
attachments, receivership, eviction) against Israeli property
within the Territory.
c. Orders against the freedom of Israelis (e.g., imprisonment
orders, restraining orders) shall only be issued by Israeli
execution offices.
d. All orders issued by execution offices against Israelis or
Israeli property within the Territory will be executed by the
Israel Police with the assistance of the Palestinian Authority,
or where the Israel Police notifies the Palestinian Authority
that it has no objection, by the Palestinian Police.
GAZA-JERICHO AGREEMENT ANNEX IV
PROTOCOL ON ECONOMIC RELATIONS
between the Government of the State of Israel and the P.L.O.,
representing the Palestinian people Paris, April 29, 1994
PREAMBLE The
two parties view the economic domain as one of the cornerstone
in their mutual relations with a view to enhance their interest
in the achievement of a just, lasting and comprehensive peace.
Both parties shall cooperate in this field in order to establish
a sound economic base for these relations, which will be
governed in various economic spheres by the principles of mutual
respect of each other's economic interests, reciprocity, equity
and fairness.
This protocol lays the groundwork for strengthening the economic
base of the Palestinian side and for exercising its right of
economic decision making in accordance with its own development
plan and priorities. The two parties recognise each other's
economic ties with other markets and the need to create a better
economic environment for their peoples and individuals.
Article I
FRAMEWORK AND SCOPE OF THIS PROTOCOL
1. This
protocol establishes the contractual agreement that will govern
the economic relations between the two sides and will cover the
West Bank and the Gaza Strip during the interim period. The
implementation will be according to the stages envisaged in the
Declaration of Principles on Interim Self Government
Arrangements signed in Washington D.C. on September 13, 1993 and
the Agreed Minutes thereto. It will therefore begin in the Gaza
Strip and the Jericho Area and at a later stage will also apply
to the rest of the West Bank, according to the provisions of the
Interim Agreement and to any other agreed arrangements between
the two sides.
2. This Protocol, including its Appendixes, will be incorporated
into the Agreement on the Gaza Strip and the Jericho Area (in
this Protocol - the Agreement), will be an integral part thereof
and interpreted accordingly. This paragraph refers solely to the
Gaza Strip and the Jericho Area.
3. This Protocol will come into force upon the signing of the
Agreement.
4. For the purpose of this Protocol, the term "Areas" means the
areas under the jurisdiction of the Palestinian Authority,
according to the provisions of the Agreement regarding
territorial jurisdiction. The Palestinian Jurisdiction in the
subsequent agreements could cover areas, spheres or functions
according to the Interim Agreement. Therefore, for the purpose
of this Protocol, whenever applied, the term "Areas" shall be
interpreted to mean functions and spheres also, as the case may
be, with the necessary adjustments.
Article II
THE JOINT ECONOMIC COMMITTEE
1. Both
parties will establish a Palestinian-Israeli Joint Economic
Committee (hereinafter - the JEC) to follow up the
implementation of this Protocol and to decide on problems
related to it that may arise from time to time. Each side may
request the review of any issue related to this Agreement by the
JEC.
2. The JEC will serve as the continuing committee for economic
cooperation envisaged in Annex III of the Declaration of
Principles.
3. The JEC will consist of an equal number of members from each
side and may establish sub-committees specified in this
Protocol.
A sub-committee may include experts as necessary.
4. The JEC and its sub-committees shall reach their decisions by
agreement and shall determine their rules of procedure and
operation, including the frequency and place or places of their
meetings.
Article III
IMPORT TAXES AND IMPORT POLICY
1. The import
and customs policies of both sides will be according to the
principles and arrangements detailed in this Article.
2.
a. The Palestinian Authority will have all powers and
responsibilities in the sphere of import and customs policy and
procedures with regard to the following:
1. Goods on List Al, attached hereto as Appendix I
locally-produced in Jordan and in Egypt particularly and in the
other Arab countries, which the Palestinians will be able to
import in quantities agreed upon by the two sides up to the
Palestinian market needs as estimated according to para 3 below.
2. Goods on List A2, attached hereto as Appendix II, from the
Arab, Islamic and other countries, which the Palestinians will
be able to import in quantities agreed upon by the two sides up
to the Palestinian market needs as estimated according to para 3
below.
b. The import policy of the Palestinian Authority for Lists Al
and A2 will include independently determining and changing from
time to time the rates of customs, purchase tax, levies, excises
and other charges, the regulation of licensing requirements and
procedures and of standard requirements. The valuation for
custom purposes will be based upon the GATT 1994 agreement as of
the date it will be introduced in Israel, and until then - on
the Brussels Definition of Valuation (BDV) system. The
classification of goods will be based on the principles of "the
Harmonized Commodity Description and Coding System". Concerning
imports referred to in Article VII of this Protocol
(Agriculture), the provisions of that Article will apply.
3. For the purposes of para 2(a) above, the Palestinian market
needs for 1994 will be estimated by a sub-committee of experts.
These estimates will be based on the best available data
regarding past consumption, production, investment and external
trade of the Areas. The sub-committee will submit its estimate
within three months from the signing of the Agreement. These
estimates will be reviewed and updated every six months by the
sub-committee, on the basis of the best data available regarding
the latest period for which relevant data are available, taking
into consideration all relevant economic and social indicators.
Pending an agreement on the Palestinian market needs, the
previous period's estimates adjusted for population growth and
rise in per-capita GNP in the previous period, will serve as
provisional estimate.
4. The Palestinian Authority will have all powers and
responsibilities to independently determine and change from time
to time the rates of customs, purchase taxes; levies, excises
and other charges on the goods on List B, attached hereto as
Appendix III, of basic food items and other goods for the
Palestinian economic development program, imported by the
Palestinians to the Areas.
5.
a. With respect to all goods not specified in Lists Al, A2 and
B, and with respect to quantities exceeding those determined in
accordance with paras 2(a) & 3 above (hereinafter - the
Quantities), the Israeli rates of customs, purchase tax, levies,
excises and other charges, prevailing at the date of signing of
the Agreement , as changed from time to time, shall serve as the
minimum basis for the Palestinian Authority. The Palestinian
Authority may decide on any upward changes in the rates on these
goods and exceeding quantities when imported by the Palestinians
to the Areas.
b. With respect to all goods not specified in Lists A1 and A2,
and with respect to quantities exceeding the Quantities, Israel
and the Palestinian Authority will employ for all imports the
same system of importation, as stipulated in para 10 below,
including inter alia standards, licensing, country of origin,
valuation for customs purposes etc.
6. Each side will notify the other side immediately of changes
made in rates and in other matters of import policy, regulations
and procedures, determined by it within its respective powers
and responsibilities as detailed in this Article. With regard to
changes which do not require immediate application upon
decision, there will be a process of advance notifications and
mutual consultations which will take into consideration all
aspects and economic implications.
7. The Palestinian Authority will levy VAT at one rate on both
locally produced goods and services and on imports by the
Palestinians (whether covered by the three Lists mentioned above
or not), and may fix it at the level of 15% to 16%.
8. Goods imported from Jordan, Egypt and other Arab countries
according to para 2(a)(1) above (List Al) will comply with rules
of origin agreed upon by a joint sub-committee within three
months of the date of the signing of the Agreement. Pending an
agreement, goods will be considered to have been "locally
produced" in any of those countries if they conform with all the
following:
a.
i. They have been wholly grown, produced, or manufactured in
that country, or have been substantially transformed there into
new or different goods, having a new name, character, or use,
distinct from the goods or materials from which they were so
transformed;
ii. They have been imported directly from the said country;
iii. The value or the costs of the materials produced in that
country, plus the direct processing costs in it, do not fall
short of 30 percent of the export value of the goods. This rate
may be reviewed by the joint committee mentioned in para 16 a
year after the signing of the Agreement.
iv. The goods are accompanied by an internationally recognized
certificate of origin;
v. No goods will be deemed as substantially new or different
goods, and no material will be eligible for inclusion as
domestic content, by virtue of having merely undergone simple
combining or packaging, or dilution with water or other
substances, which do not materially alter the characteristics of
the said goods.
9. Each side will issue import licences to its own importers,
subject to the principles of this Article and will be
responsible for the implementation of the licensing requirements
and procedures prevailing at the time of the issuance of the
licenses. Mutual arrangements will be made for the exchange of
information relevant to licensing matters.
10. Except for the goods on Lists Al and A2 and their Quantities
- in which the Palestinian Authority has all powers and
responsibilities, both sides will maintain the same import
policy (except for rates of import taxes and other charges for
goods in List B) and regulations including classification,
valuation and other customs procedures, which are based on the
principles governing international codes, and the same policies
of import licensing and of standards for imported goods, all as
applied by Israel with respect to its importation. Israel may
from time to time introduce changes in any of the above,
provided that changes in standard requirements will not
constitute a non-tariff-barrier and will be based on
considerations of health, safety and the protection of the
environment in conformity with Article 2.2. of the Agreement on
Technical Barriers to trade of the Final Act of the Uruguay
Round of Trade Negotiations. Israel will give the Palestinian
Authority prior notice of any such changes, and the provisions
of para 6 above will apply.
11.
a. The Palestinian Authority will determine its own rates of
customs and purchase tax on motor vehicles imported as such, to
be registered with the Palestinian Authority. The vehicle
standards will be those applied at the date of the signing of
the Agreement as changed according to para 10 above. However,
the Palestinian Authority may request, through the sub-committee
on transportation, that in special cases different standards
will apply. Used motor vehicles will be imported only if they
are passenger cars or dual-purpose passenger cars of a model of
no more than three years prior to the importation year. The
sub-committee on transportation will determine the procedures
for testing and confirming that such used cars comply with the
standards' requirements for that model year. The issue of
importing commercial vehicles of a model prior to the
importation year will be discussed in the joint sub-committee
mentioned in para 16 below.
b. Each side may determine the terms and conditions for the
transfer of motor vehicles registered in the other side to the
ownership or use of a resident of its own side, including the
payment of the difference of import taxes, if any, and the
vehicle having been tested and found compatible with the
standards required at that time by its own registration
administration, and may prohibit transfer of vehicles.
12.
a. Jordanian standards, as specified in the attached Appendix I,
will be acceptable in importing petroleum products into the
Areas, once they meet the average of the standards existing in
the European Union countries, or the USA standards, which
parameters have been set at the values prescribed for the
geographical conditions of Israel, the Gaza Strip and the West
Bank. Cases of petroleum products which do not meet these
specifications will be referred to a joint experts' committee
for a suitable solution. The committee may mutually decide to
accept different standards for the importation of gasoline which
meet the Jordanian standards even though, in some of their
parameters, they do not meet the European Community or USA
standards. The committee will give its decision within six
months. Pending the committee's decision, and for not longer
than six months of the signing of the Agreement, the Palestinian
Authority may import to the Areas, gasoline for the Palestinian
market in the Areas, according to the needs of this market,
provided that:
0. this gasoline is marked in a distinctive colour to
differentiate it from the gasoline marketed in Israel; and
1. the Palestinian Authority will take all the necessary steps
to ensure that this gasoline is not marketed in Israel.
b. The difference in the final price of gasoline to consumers in
Israel and to consumers in the Areas, will not exceed 15% of the
official final consumer price in Israel. The Palestinian
Authority has the right to determine the prices of petroleum
products, other than gasoline, for consumption in the Areas.
c. If Egyptian gasoline standards will comply with the
conditions of sub-para (a) above, the importation of Egyptian
gasoline will also be allowed.
13. In addition to the points of exit and entry designated
according to the Article regarding Passages in Annex I of the
Agreement for the purpose of export and import of goods, the
Palestinian side has the right to use all points of exit and
entry in Israel designated for that purpose. The import and
export of the Palestinians through the points of exit and entry
in Israel will be given equal trade and economic treatment.
14. In the entry points of the Jordan River and the Gaza Strip:
a. Freight shipment
The Palestinian Authority will have full responsibility and
powers in the Palestinian customs points (freight-area) for the
implementation of the agreed upon customs and importation policy
as specified in this protocol, including the inspection and the
collection of taxes and other charges, when due.
Israeli customs officials will be present and will receive from
the Palestinian customs officials a copy of the necessary
relevant documents related to the specific shipment and will be
entitled to ask for inspection in their presence of both goods
and tax collection.
The Palestinian customs officials will be responsible for the
handling of the customs procedure including the inspection and
collection of due taxes.
In case of disagreement on the clearance of any shipment
according to this Article, the shipment will be delayed for
inspection for a maximum period of 48 hours during which a joint
sub-committee will resolve the issue on the basis of the
relevant provisions of this Article. The shipment will be
released only upon the sub-committee's decision.
b. Passengers customs lane
Each side will administer its own passengers customs procedures,
including inspection and tax collection. The inspection and
collection of taxes due in the Palestinian customs lane will be
conducted by customs officials of the Palestinian Authority.
Israeli customs officials will be invisibly present in the
Palestinian customs lane and entitled to request inspection of
goods and collection of taxes when due. In the case of
suspicion, the inspection will be carried out by the Palestinian
official in a separate room in the presence of the Israeli
customs official.
15. The clearance of revenues from all import taxes and levies,
between Israel and the Palestinian Authority, will be based on
the principle of the place of final destination. In addition,
these tax revenues will be allocated to the Palestinian
Authority even if the importation was carried out by Israeli
importers when the final destination explicitly stated in the
import documentation is a corporation registered by the
Palestinian Authority and conducting business activity in the
Areas. This revenue clearance will be effected within six
working days from the day of collection of the said taxes and
levies.
16. The Joint Economic Committee or a sub-committee established
by it for the purposes of this Article will deal inter alia with
the following:
1. Palestinian proposals for addition of items to Lists Al, A2
and B. Proposals for changes in rates and in import procedures,
classification, standards and licensing requirements for all
other imports;
2. Estimate the Palestinian market needs, as mentioned in para 3
above;
3. Receive notifications of changes and conduct consultations,
as mentioned in para 6 above;
4. Agree upon the rules of origin as mentioned in para 8 above,
and review their implementation;
5. Coordinate the exchange of information relevant to licensing
matters as mentioned in para 9 above;
6. Discuss and review any other matters concerning the
implementation of this Article and resolve problems arising
therefrom.
17. The Palestinian Authority will have the right to exempt the
Palestinian returnees who will be granted permanent residency in
the Areas from import taxes on personal belongings including
house appliances and passenger cars as long as they are for
personal use.
18. The Palestinian Authority will develop its system for
temporary entry of needed machines and vehicles used for the
Palestinian Authority and the Palestinian economic development
plan.
Concerning other machines and equipment, not included in Lists
Al, A2 and B, the temporary entry will be part of the import
policy as agreed in para 10 above, until the joint sub-committee
mentioned in para 16 decides upon a new system proposed by the
Palestinian Authority. The temporary entry will be coordinated
through the joint sub-committee.
19. Donations in kind to the Palestinian Authority will be
exempted from customs and other import taxes if destined and
used for defined development projects or non-commercial
humanitarian purposes. The Palestinian Authority will be
responsible exclusively for planning and management of the
donors' assistance to the Palestinian people. The Joint Economic
Committee will discuss issues pertaining to the relations
between the provisions in this Article and the implementation of
the principles in the above paragraph.
Article IV
MONETARY AND FINANCIAL ISSUES
1. The
Palestinian Authority will establish a Monetary Authority (PMA)
in the Areas. The PMA will have the powers and responsibilities
for the regulation and implementation of the monetary policies
within the functions described in this Article.
2. The PMA will act as the Palestinian Authority's official
economic and financial advisor.
3. The PMA will act as the Palestinian Authority's and the
public sector entities' sole financial agent, locally and
internationally.
4. The foreign currency reserves (including gold) of the
Palestinian Authority and all Palestinian public sector entities
will be deposited solely with the PMA and managed by it.
5. The PMA will act as the lender of last resort for the banking
system in the Areas.
6. The PMA will authorize foreign exchange dealers in the Areas
and will exercise control (regulation and supervision) over
foreign exchange transactions within the Areas and with the rest
of the world.
7.
a. The PMA will have a banking supervision department that will
be responsible for the proper functioning, stability, solvency
and liquidity of the banks operating in the Areas.
b. The banking supervision department will predicate its
supervision on the international principles and standards
reflected in international conventions and especially on the
principles of the "Basle Committee".
c. The supervision department will be charged with the general
supervision of every such bank, including:
d. The regulation of all kinds of banking activities, including
their foreign activities;
e. The licensing of banks formed locally and of branches,
subsidiaries, joint ventures and representative offices of
foreign banks and the approval of controlling shareholders;
f. The supervision and inspection of banks.
• The PMA will relicense each of the five branches of the
Israeli banks operating at present in the Gaza Strip and the
West Bank, as soon as its location or the authorities regarding
it come under the jurisdiction of the Palestinian Authority.
These branches will be required to comply with the general rules
and regulations of the PMA concerning foreign banks, based on
the "Basle Concordat". Para I0 d, e, and f below will apply to
these branches.
a. • Any other Israeli bank wishing to open a branch or a
subsidiary in the Areas will apply for a license to the PMA and
will be treated equally to other foreign banks, provided that
the same will apply to the Palestinian banks wishing to open a
branch or a subsidiary in Israel.
b. Granting of a license by both authorities will be subject to
the following arrangements based on the "Basle Concordat" valid
on the date of signing of the Agreement and to the host
authority's prevailing general rules and regulations concerning
opening of branches and subsidiaries of foreign banks.
In this para 10 "host authority" and "home authority" apply only
to the Bank of Israel (BOI) and the PMA.
c. A bank wishing to open a branch or establish a subsidiary
will apply to the host authority, having first obtained the
approval of its home authority. The host authority will notify
the home authority of the terms of the license, and will give
its final approval unless the home authority objects.
d. The home authority will be responsible for the consolidated
and comprehensive supervision of banks, inclusive of branches
and subsidiaries in the area under the jurisdiction of the host
authority. However, the distribution of supervision
responsibilities between the home and the host authorities
concerning subsidiaries will be according to the "Basle
Concordat".
e. The host authority will regularly examine the activities of
branches and subsidiaries in the area under its jurisdiction.
The home authority will have the right to conduct on site
examinations in the branches and subsidiaries in the host area.
However, the supervision responsibilities of the home authority
concerning subsidiaries will be according to the "Basle
Concordat".
Accordingly, each authority will transfer to the other authority
copies of its examination reports and any information relevant
to the solvency, stability and soundness of the banks, their
branches and subsidiaries.
f. The BOI and the PMA will establish a mechanism for
cooperation and for the exchange of information on issues of
mutual interest.
a. • The New Israeli Sheqel (NIS) will be one of the circulating
currencies in the Areas and will legally serve there as means of
payment for all purposes including official transactions. Any
circulating currency, including the NIS, will be accepted by the
Palestinian Authority and by all its institutions, local
authorities and banks, when offered as a means of payment for
any transaction.
b. Both sides will continue to discuss, through the JEC, the
possibility of introducing mutually agreed Palestinian currency
or temporary alternative currency arrangements for the
Palestinian Authority.
a. • The liquidity requirements on all deposits in banks
operating in the Areas will be determined and announced by the
PMA.
b. Banks in the Areas will accept NIS deposits. The liquidity
requirements on the various kinds of NIS deposits (or deposit
linked to the NIS) in banks operating in the Areas will not be
less than 4% to 8%, according to the type of deposits. Changes
of over 1% in the liquidity requirements on NIS deposits (or
deposits linked to the NIS) in Israel will call for
corresponding changes in the above mentioned rates.
c. The supervision and inspection of the implementation of all
liquidity requirements will be carried out by the PMA.
d. The reserves and the liquid assets required according to this
paragraph will be deposited at the PMA according to rules and
regulations determined by it. Penalties for non compliance with
the liquidity requirements will be determined by the PMA.
• The PMA will regulate and administer a discount window system
and the supply of temporary finance for banks operating in the
Areas.
a. • The PMA will establish or license a clearing house in order
to clear money orders between the banks operating in the Areas,
and with other clearing houses.
b. The clearing of money orders and transactions between banks
operating in the Areas and banks operating in Israel will be
done between the Israeli and the Palestinian clearing houses on
same working day basis, according to agreed arrangements.
• Both sides will allow correspondential relations between each
others' banks.
• The PMA will have the right to convert at the BOI excess NIS
received from banks operating in the Areas into foreign
currency, in which the BOI trades in the domestic inter-bank
market, up to the amounts determined per period, according to
the arrangements detailed in para 16 below.
a. • The excess amount of NIS, due to balance of payments flows,
that the PMA will have the right to convert into foreign
currency, will be equal to:
1. Estimates of all Israeli "imports" of goods and services from
the Areas, valued at market prices (inclusive of taxes), which
were paid for in NIS, less:
i. the taxes collected by the Palestinian Authority on all
Israeli "imports" from the Areas and rebated to Israel in NIS,
and
ii. the taxes collected by Israel on all Israeli "imports" from
the Areas and included in their market value, and not rebated to
the Palestinian Authority,
minus
2. Estimates of all Israeli "exports" of goods and services to
the Areas, valued at market prices (inclusive of taxes), which
were paid for in NIS, less
i. the taxes collected by Israel on such "exports" and rebated
to the Palestinian Authority, and
ii. the taxes collected by the Palestinian Authority on such
"exports" and included in their market value, and not rebated to
Israel;
plus
3. The accumulated net amounts of foreign currency converted
previously into NIS by the PMA, as recorded in the BOI Dealing
Room.
b. The said flows and amounts will be calculated as of the date
of the signing of the Agreement.
Notes to para 16:
i. The estimates of the said "exports and imports" of goods and
services will include inter alia labor services, NIS expenditure
of tourists and Israelis in the Areas and NIS expenditure of
Palestinians of the Areas in Israel.
ii. Taxes and pension contributions on "imports" of labor
services, paid to "importing" side and rebated to the
"exporting" one, will not be included in the estimates of the
sums to be converted, as the "exports'" earnings of labor
services are recorded in the statistics inclusive of them,
although they do not accrue to the individuals supplying them.
• The PMA and the BOI will meet annually to discuss and
determine the annual amount of convertible NIS during the
following calendar year and will meet semi-annually to adjust
the said amount. The amounts determined annually and adjusted
semi-annually will be based on data and estimates regarding the
past and on forecasts for the wi following period, according to
the formula mentioned in para 16. The first meeting will be as
soon as possible within three months after the date of the
signing of the Agreement.
a. • The exchange of foreign currency for NIS and vice-versa by
the PMA will be carried out through the BOI Dealing Room, at the
market exchange rates.
b. The BOI will not be obliged to convert in any single month
more than 1/5 of the semi-annual amount, as mentioned in para
17.
c. There will be no ceiling on the annual foreign currency
conversions by the PMA into NIS. However, in order to avoid
undesirable fluctuations in the foreign exchange market, monthly
ceilings of such conversions will be agreed upon in the annual
and semi-annual meetings referred to in para 17.
d. Banks in the Areas will convert NIS into other circulating
currencies and vice-versa.
e. The Palestinian Authority will have the authorities, powers
and responsibilities regarding the regulation and supervision of
capital activities in the Areas, including the licensing of
capital market institutions, finance companies and investment
funds.
Article V
DIRECT TAXATION
1. Israel and
the Palestinian Authority will each determine and regulate
independently its own tax policy in matters of direct taxation,
including income tax on individuals and corporations, property
taxes, municipal taxes and fees.
2. Each tax administration will have the right to levy the
direct taxes generated by economic activities within its area.
3. Each tax administration may impose additional taxes on
residents within its area on (individuals and corporations) who
conduct economic activities in the other side's area.
4. Israel will transfer to the Palestinian Authority a sum equal
to:
a. 75% of the income taxes collected from Palestinians from the
Gaza Strip and the Jericho Area employed in Israel.
b. The full amount of income taxes collected from Palestinians
from the Gaza Strip and Jericho Area employed in the
settlements.
5. The two sides will agree on a set of procedures that will
address all issues concerning double taxation.
Article VI
INDIRECT TAXES ON LOCAL PRODUCTION
1. The Israel
and the Palestinian tax administrations will levy and collect
VAT and purchase taxes on local production, as well as any other
indirect taxes, in their respective areas.
2. The purchase tax rates within the jurisdiction of each tax
administration will be identical as regards locally produced and
imported goods.
3. The present Israeli VAT rate is 17%. The Palestinian VAT rate
will be 15% to 16%.
4. The Palestinian Authority will decide on the maximum annual
turnover for businesses under its jurisdiction to be exempt from
VAT, within an upper limit of 12,000 US $.
5. The VAT on purchases by businesses registered for VAT
purposes will accrue to the tax administration with which the
respective business is registered.
Businesses will register for VAT purposes with the tax
administration of the side of their residence, or on the side of
their ongoing operation.
There will be clearance of VAT revenues between the Israeli and
Palestinian VAT administrations on the following conditions:
a. The VAT clearance will apply to VAT on transactions between
businesses registered with the VAT administration of the side in
which they reside.
b. The following procedures will apply to clearance of VAT
revenues accruing from transactions by businesses registered for
VAT purposes:
1. To be acceptable for clearance purposes, special invoices,
clearly marked for this purpose, will be used for transactions
between businesses registered with the different sides.
2. The invoices will be worded either in both Hebrew and Arabic
or in English and will be filled out in any of these three
languages, provided that the figures are written in "Arabic"
(not Hindi) numerals.
3. For the purpose of tax rebates, such invoices will be valid
for six months from their date of issue.
4. Representatives of the two sides will meet once a month, on
the 20th day of the month, to present each other with a list of
invoices submitted to them for tax rebate, for VAT clearance.
This list will include the following details regarding each
invoice:
a. The number of the registered business issuing it;
b. The name of the registered business issuing it;
c. The number of the invoice;
d. The date of issue;
e. The amount of the invoice;
f. The name of the recipient of the invoice.
5. The clearance claims will be settled within 6 days from the
meeting, through a payment by the side with the net balance of
claims against it, to the other side.
6. Each side will provide the other side, upon demand, with
invoices for verification purposes. Each tax administration will
be responsible for providing invoices for verification purposes
for 6 months after receiving them.
7. Each side will take the necessary measure to verify the
authenticity of the invoices presented to it for clearance by
the other side.
8. Claims for VAT clearance which will not be found valid will
be deducted from the next clearance payment.
9. Once an inter-connected computer system for tax rebates to
businesses and for VAT clearance between the two sides is
operational, it will replace the clearance procedures specified
in sub-paras (4) - (8).
10. The two tax administrations will exchange lists of the
businesses registered with them and will provide each other with
the necessary documentation, if required, for the verification
of transactions.
11. The two sides will establish a sub-committee which will deal
with the implementation arrangements regarding the clearance of
VAT revenues set above.
6. VAT paid by not-for-profit Palestinian organizations and
institutions, registered by the Palestinian Authority, on
transactions in Israel, will accrue to the Palestinian tax
administration. The clearance system set out in para 5 will
apply to these organizations and institutions.
Article VII
LABOR
1. Both sides
will attempt to maintain the normality of movement of labor
between them, subject to each side's right to determine from
time to time the extent and conditions of the labor movement
into its area. If the normal movement is suspended temporarily
by either side, it will give the other side immediate
notification, and the other side may request that the matter be
discussed in the Joint Economic Committee.
The placement and employment of workers from one side in the
area of the other side will be through the employment service of
the other side and in accordance with the other sides'
legislation. The Palestinian side has the right to regulate the
employment of Palestinian labor in Israel through the
Palestinian employment service, and the Israeli Employment
Service will cooperate and coordinate in this regard.
2.
a. Palestinians employed in Israel will be insured in the
Israeli social insurance system according to the National
Insurance Law for employment injuries that occur in Israel,
bankruptcy of employers and maternity leave allowance.
b. The National Insurance fees deducted from the wages for
maternity insurance will be reduced according to the reduced
scope of maternity insurance, and the equalization deductions
transferred to the Palestinian Authority, if levied, will be
increased accordingly.
c. Implementation procedures relating thereto will be agreed
upon between the Israeli National Insurance Institute and the
Palestinian Authority or the appropriate Palestinian social
insurance institution.
3.
a. Israel will transfer to the Palestinian Authority, on a
monthly basis, the equalization deductions as defined by Israeli
legislation, if imposed and to the extent levied by Israel. The
sums so transferred will be used for social benefits and health
services, decided upon by the Palestinian Authority, for
Palestinians employed in Israel and for their families.
The equalization deductions to be so transferred will be those
collected after the date of the signing of the Agreement from
wages of Palestinians employed in Israel and from their
employers.
These sums will not include
1. Payments for health services in places of employment.
2. 2/3 of the actual administrative costs in handling the
matters related to the Palestinians employed in Israel by the
Payments Section of the Israeli Employment Service.
4. Israel will transfer, on a monthly basis, to a relevant
pension insurance institution to be established by the
Palestinian Authority, pension insurance deductions collected
after the establishment of the above institution and the
completion of the documents mentioned in para 6.
These deductions will be collected from wages of Palestinians
employed in Israel and their employers, according to the
relevant rates set out in the applicable Israeli collective
agreements. 2/3 of the actual administrative costs in handling
these deductions by the Israeli Employment Service will be
deducted from the sums transferred. The sums so transferred will
be used for providing pension insurance for these workers.
Israel will continue to be liable for pension rights of the
Palestinian employees in Israel, to the extent accumulated by
Israel before the entry into force of this para 4.
5. Upon the receipt of the deductions, the Palestinian Authority
and its relevant social institutions will assume full
responsibility in accordance with the Palestinian legislation
and arrangements, for pension rights and other social benefits
of Palestinians employed in Israel, that accrue from the
transferred deductions related to these rights and benefits.
Consequently, Israel and its relevant social institutions and
the Israeli employers will be released from, and will not be
held liable for any obligations and responsibilities concerning
personal claims, rights and benefits arising from these
transferred deductions, or from the provisions of paras 2-4
above.
6. Prior to the said transfers, the Palestinian Authority or its
relevant institutions, as the case may be, will provide Israel
with the documents required to give legal effect to their
aforesaid obligations, including mutually agreed implementation
procedures of the principles agreed upon in paras 3-5 above.
7. The above arrangements concerning equalization deductions
and/or pension deductions may be reviewed and changed by Israel
if an authorized court in Israel will determine that the
deductions or any part thereof must be paid to individuals, or
used for individual social benefits or insurance in Israel, or
that it is otherwise unlawful. In such a case the liability of
the Palestinian side will not exceed the actual transferred
deductions related to the case.
8. Israel will respect any agreement reached between the
Palestinian Authority, or an organization or trade-union
representing the Palestinians employed in Israel, and a
representative organization of employees or employers in Israel,
concerning contributions to such organization according to any
collective agreement.
9.
a. The Palestinian Authority may integrate the existing health
insurance scheme for Palestinians employed in Israel and their
families in its health insurance services. As long as this
scheme continues, whether integrated or separately, Israel will
deduct from their wages the health insurance fees ("health
stamp") and will transfer them to the Palestinian Authority for
this purpose.
b. The Palestinian Authority may integrate the existing health
insurance scheme for Palestinians who were employed in Israel
and are receiving pension payments through the Israeli
Employment Service, in its health insurance services. As long as
this scheme continues, whether integrated or separately, Israel
will deduct the necessary sum of health insurance fees ("health
stamp") from the equalization payments and will transfer them to
the Palestinian Authority for this purpose.
10. The JEC will meet upon the request of either side and review
the implementation of this Article and other issues concerning
labor, social insurance and social rights.
11. Other deductions not mentioned above, if any, will be
jointly reviewed by the JEC. Any agreement between the two sides
concerning these deductions will be in addition to the above
provisions.
12. Palestinians employed in Israel will have the right to bring
disputes arising out of employee - employer relationships and
other issues before the Israeli Labor Courts, within these
courts' jurisdiction.
13. This Article governs the future labor relations between the
two sides and will not impair any labor rights prior to the date
of signing of the Agreement.
Article
VIII AGRICULTURE
1. There will
be free movement of agricultural produce, free of customs and
import taxes, between the two sides, subject to the following
exceptions and arrangements.
2. The official veterinary and plant protection services of each
side will be responsible, within the limits of their respective
jurisdiction, for controlling animal health, animal products and
biological products, and plants and parts thereof, as well as
their importation and exportation.
3. The relations between the official veterinary and plant
protection services of both sides will be based on mutuality in
accordance with the following principles, which will be applied
in all the areas under their respective jurisdiction:
a. Israel and the Palestinian Authority will do their utmost to
preserve and improve the veterinary standards.
b. Israel and the Palestinian Authority will take all measures
to reach equivalent and compatible standards regarding animal
disease control, including mass vaccination of animals and
avians, quarantines, "stamping out" measures and residue control
standards.
c. Mutual arrangements will be made to prevent the introduction
and spread of plant pests and diseases, for their eradication
and concerning residue control standards in plant products.
d. The official veterinary and plant protection services of
Israel and the Palestinian Authority will coordinate and
regularly exchange information regarding animal diseases, as
well as plant pests and diseases, and will establish a mechanism
for immediate notification of the outbreak of such diseases.
4. Trade between the two sides in animals, animal products and
biological products will be in keeping with the principles and
definitions set out in the current edition of the OIE National
Animal Health Code as updated from time to time (hereinafter -
I.A.H.C.).
5. Transit of livestock, animal products and biological products
from one side through the area under the jurisdiction of the
other side, should be conducted in a manner aimed at the
prevention of diseases spreading to or from the consignment
during its movement. For such a transit to be permitted, it is a
prerequisite that the veterinary conditions agreed upon by both
sides will be met in regard to importation of animals, their
products and biological products from external markets.
Therefore the parties agree to the following arrangements.
6. The official veterinary services of each side have the
authority to issue veterinary import permits for import of
animals, animal products and biological products to the areas
under its jurisdiction. In order to prevent the introduction of
animal diseases from third parties, the following procedures
will be adopted:
a. The import permits will strictly follow the professional
veterinary conditions for similar imports to Israel as
prevailing at the time of their issuance. The permits will
specify the country of origin and the required conditions to be
included in the official veterinary certificates which should be
issued by the veterinary authorities in the countries of origin
and which should accompany each consignment.
Each side may propose a change in these conditions. The change
will come into force 10 days after notice to the other side,
unless the other side requested that the matter be brought
before the Veterinary Sub-Committee specified in para 14
(hereinafter - VSC). If it is more stringent than the prevailing
conditions - it will come into force 20 days after the request,
unless both sides decide otherwise through the VSC, and if more
lenient - it will come into force only if agreed upon by both
sides through the VSC. However, if the change is urgent and
needed for the protection of animal and public health, it will
come into force immediately after notice by the other side and
will remain in force unless and until both sides agree otherwise
through the VSC.
b. The official veterinary certificates will include the
provisions regarding OIE Lists A & B Diseases as specified in
the I.A.H.C. When the I.A.H.C. allows alternative requirements
regarding the same disease, the most stringent one will be
adopted unless otherwise agreed upon by the VSC.
c. When infectious diseases which are not included in Lists A &
B of the I.A.H.C. exist or are suspected, on scientific grounds,
to exist in the exporting country, the necessary veterinary
import conditions that will be required and included in the
official veterinary certificates, will be discussed in the VSC,
and in the case of different professional opinions, the most
stringent ones will be adopted.
d. The import of live vaccines will be permitted only if so
decided by the VSC.
e. Both sides will exchange, through the VSC, information
pertaining to import licensing, including the evaluation of the
disease situation and zoosanitary capability of exporting
countries, which will be based upon official information as well
as upon other available data.
f. Consignments which do not conform with the above mentioned
requirements will not be permitted to enter the areas under the
jurisdiction of either side.
7. Transportation of livestock and poultry and of animal
products and biological products between areas under the
jurisdiction of one side through areas under the jurisdiction of
the other side, will be subject to the following technical
rules:
a. The transportation will be by vehicles which will be sealed
with a seal of the official veterinary services of the place of
origin and marked with a visible sign "Animal Transportation" or
"Products of Animal Origin" in Arabic and Hebrew, in coloured
and clearly visible letters on white background;
b. Each consignment will be accompanied by a veterinary
certificate issued by the official veterinary services of the
place of origin, certifying that the animals or their products
were examined and are free of infectious diseases and originate
from a place which is not under quarantine or under animal
movement restrictions.
8. Transportation of livestock and poultry, animal products and
biological products destined for Israel from the Areas and vice
versa will be subject to veterinary permits issued by the
official veterinary services of the recipient side, in keeping
with the OIE standards used in international traffic in this
field. Each such consignment will be transported by a suitable
and marked vehicle, accompanied by a veterinary certificate in
the form agreed upon between the official veterinary services of
both sides. Such certificates will be issued only if permits of
the recipient side are presented.
9. In order to prevent the introduction of plant pests and
diseases to the region, the following procedures will be
adopted:
a. The transportation between the Areas and Israel, of plants
and parts thereof (including fruits and vegetables), the control
of pesticide residues in them and the transportation of plant
propagation material and of animal feed, may be inspected
without delay or damage by the plant protection services of the
recipient side.
b. The transportation between the Areas through Israel of plants
and parts thereof (including fruits and vegetables) as well as
of pesticides, may be required to pass a phytosanitary
inspection without delay or damage.
c. The official Palestinian plant protection services have the
authority to issue permits for the import of plants and parts
thereof as well as of pesticides from external markets. The
permits will be based on the prevailing standards and
requirements.
The permits will specify the required conditions to be included
in the official Phytosanitary Certificates (hence P.C.) based
upon the standards and the requirements of the International
Plant Protection Convention (I.P.P.C.)and those of the European
and Mediterranean Plant Protection Organization (E.P.P.O.) which
should accompany each consignment. The P.C.'s will be issued by
the plant protection services in the countries of origin.
Dubious or controversial cases will be brought before the
sub-committee on plant protection.
10. The agricultural produce of both sides will have free and
unrestricted access to each others' markets, with the temporary
exception of sales from one side to the other side of the
following items only: poultry, eggs, potatoes, cucumbers,
tomatoes and melons. The temporary restrictions on these items
will be gradually removed on an increasing scale until they are
finally eliminated by 1998, as listed below:
Year Poultry Eggs Potatoes Cucumbers Tomatoes Melons
(In tons) (In millions) (In tons) (In tons) (In tons) (In tons)
1994 5,000 30
10,000 10,000 13,000 10,000
1995 6,000 40 13,000 13,000 16,000 13,000
1996 7,000 50 15,000 15,000 19,000 15,000
1997 8,000 60 17,000 17,000 22,000 17,000
1998 unlimited unlimited unlimited unlimited unlimited unlimited
11.
12.
Note: The above figures refer to the combined quantities
marketed from the West Bank and Gaza Strip to Israel and
vice-versa. The Palestinian Authority will notify Israel the
apportioning of these quantities between these areas concerning
the quantities pertaining to the Palestinian produce.
13. The Palestinians will have the right to export their
agricultural produce to external markets without restrictions,
on the basis of certificates of origin issued by the Palestinian
Authority.
14. Without prejudice to obligations arising out of existing
international agreements, the two sides will refrain from
importing agricultural products from third parties which may
adversely affect the interests of each other's farmers.
15. Each side will take the necessary measures in the area under
its jurisdiction to prevent damage which may be caused by its
agriculture to the environment of the other side.
16. The two sides will establish sub-committees of their
respective official veterinary and plant protection services,
which will update the information and review issues, policies
and procedures in these fields. Any changes in the provisions of
this Article will be agreed upon by both sides.
17. The two sides will establish a sub-committee of experts in
the dairy sector in order to exchange information, discuss and
coordinate their production in this sector so as to protect the
interests of both sides. In principle, each side will produce
according to its domestic consumption.
Article IX
INDUSTRY
1. There will
be free movement of industrial goods free of any restrictions
including customs and import taxes between the two sides,
subject to each side's legislation.
2.
a. The Palestinian side has the right to employ various methods
in encouraging and promoting the development of the Palestinian
industry by way of providing grants, loans, research and
development assistance and direct-tax benefits. The Palestinian
side has also the right to employ other methods of encouraging
industry resorted to in Israel.
b. Both sides will exchange information about the methods
employed by them in the encouragement of their respective
industries.
c. Indirect tax rebates or benefits and other subsidies to sales
shall not be allowed in trade between the two sides.
3. Each side will do its best to avoid damage to the industry of
the other side and will take into consideration the concerns of
the other side in its industrial policy.
4. Both sides will cooperate in the prevention of deceptive
practices, trade in goods which may endanger health, safety and
the environment and in goods of expired validity.
5. Each side will take the necessary measures in the area under
its jurisdiction to prevent damage which may be caused by its
industry to the environment of the other side.
6. The Palestinians will have the right to export their
industrial produce to external markets without restrictions, on
the basis of certificates of origin issued by the Palestinian
Authority.
7. The JEC will meet and review issues pertaining to this
Article.
Article X
TOURISM
1. The Palestinian Authority will establish a Palestinian
Tourism Authority which will exercise, inter alia, the following
powers in the Areas.
a. Regulating, licensing, classifying and supervising tourist
services, sites and industries.
b. Promoting foreign and domestic tourism and developing the
Palestinian tourist resources and sites.
c. Supervising the marketing, promotion and information
activities related to foreign and domestic tourism.
2. Each side shall, under its respective jurisdiction, protect,
guard and ensure the maintenance and good upkeep of historical,
archaeological, cultural and religious sites and all other
tourist sites, to fit their status as well as their purpose as a
destination for visitors.
3. Each side will determine reasonable visiting hours and days
for all tourist sites in order to facilitate visits at a wide
variety of days and hours, taking into consideration religious
and national holidays. Each side shall publicize such opening
times. Meaningful changes in the opening times will take into
consideration tourist programs already committed to.
4. Tourist buses or any other form of tourist transport
authorized by either side, and operated by companies registered
and licensed by it, will be allowed to enter and proceed on
their tour within the area under the jurisdiction of the other
side, provided that such buses or other vehicles conform with
the EEC technical specifications [I. currently adopted.] All
such vehicles will be clearly marked as tourist vehicles.
5. Each side will protect the environment and the ecology around
the tourist sites under its jurisdiction. In view of the
importance of beaches and maritime activities for tourism, each
side will do its best efforts to ensure that development and
construction on the Mediterranean coast, and especially at ports
(such as Ashqelon or Gaza), will be planned and carried out in a
manner that will not adversely affect the ecology, environment
or the functions of the coastline and beaches of the other side.
6. Tourism companies and agencies licensed by either side shall
enjoy equal access to tourism - related facilities and amenities
in border points of exit and entry according to the regulations
of the authority operating them.
7.
a. Each side will license, according to its own rules and
regulations, travel agents, tour companies, tour guides and
other tourism businesses (hereinafter - tourism entities) within
its jurisdiction.
b. Tourism entities authorized by either side, will be allowed
to conduct tours that include the area under the jurisdiction of
the other side, provided that their authorization as well as
their operation will be in accordance with rules, professional
requirements and standards agreed upon by both sides in the
sub-committee mentioned in para 9.
Pending that agreement, existing tourism entities in the Areas
which are currently allowed to conduct tours that include
Israel, will be allowed to continue to do so, and Israeli
authorized tourism entities will continue to be allowed to
conduct tours that include the Areas.
In addition, any tourism entity of one side that the tourism
authorities of the other side will certify as fulfilling all its
rules, professional requirements and standards, will be allowed
to conduct tours that include that other side.
8. Each side will make its own arrangement for compensation of
tourists for bodily injury and property damages caused by
political violence in the areas under its respective
jurisdiction.
9. The JEC or a tourism sub-committee established by it shall
meet upon the request of either side in order to discuss the
implementation of the provisions of this Article and resolve
problems that may arise. The sub-committee will also discuss and
consider tourist issues of benefit to both sides, and will
promote educational programs for tourism entities of both sides
in order to further their professional standards and their
ethics. Complaints of one side against the behaviour of tourism
entities of the other side will be channelled through the
committee.
Note: It is agreed that the final wording in the last sentence
in para 4 will be adopted according to the final wording in the
relevant provisions of the Agreement.
Article XI
INSURANCE ISSUES
1. The
authorities, powers and responsibilities in the insurance sphere
in the Areas, including inter alia the licensing of insurers,
insurance agents and the supervision of their activities, will
be transferred to the Palestinian Authority.
2.
a. The Palestinian Authority will maintain a compulsory absolute
liability system for road accident victims with a ceiling on the
amount of compensation based upon the following principles:
1. Absolute liability for death or bodily injury to road
accident victims, it being immaterial whether or not there was
fault on the part of the driver and whether or not there was
fault or contributory fault on the part of others, each driver
being responsible for persons travelling in his vehicle and for
pedestrians hit by his vehicle.
2. Compulsory insurance for all motor vehicles, covering death
or bodily injury to all road accident victims, including
drivers.
3. No cause of action in tort for death or bodily injury
resulting from road accidents.
4. The maintenance of a statutory fund (hereinafter - the Fund)
for compensation of road accident victims who are unable to
claim compensation from an insurer for the following reasons:
i. the driver liable for compensation is unknown;
ii. the driver is not insured or his insurance does not cover
the liability involved; or
iii. the insurer is unable to meet his liabilities.
5. Terms in this Article will have the same meaning as in the
legislation prevailing at the date of signing of the Agreement
concerning compulsory motor vehicle insurance and compensation
of road accident victims.
6. Any change by either side in the rules and regulations
regarding the implementation of the above mentioned principles
will require prior notice to the other side. A change which
might substantially affect the other side will require prior
notice of at least three months.
3.
a. Upon the signing of the Agreement the Palestinian Authority
will establish a Fund for the Areas (hereinafter - the
Palestinian Fund) for the purposes detailed in para 2(a)(4)
above and for the purposes detailed below. The Palestinian Fund
will assume the responsibilities of the statutory Road Accident
Victims Compensation Fund in the West Bank and the Gaza Strip
(hereinafter - the Existing Fund) regarding the Areas, according
to the prevailing law at that time. Accordingly, the Existing
Fund will cease to be responsible for any liability regarding
accidents occurring in the Areas from the date of signing of the
Agreement.
b. The Existing Fund will transfer to the Palestinian Fund,
after the assumption of the above mentioned responsibilities by
it, the premiums paid to the Existing Fund by the insurers for
vehicles registered in the Areas, pro-rata to the unexpired
period of each insurance policy.
4.
a. Compulsory motor vehicle insurance policies issued by
insurers licensed by either side will be valid in the
territories of both sides. Accordingly, a vehicle registered in
one side covered by such a policy will not be required to have
an additional insurance coverage for travel in the areas under
the other side's jurisdiction. These insurance policies will
cover all the liabilities according to the legislation of the
place of the accident.
b. In order to cover part of the liabilities which may incur due
to road accidents in Israel by uninsured vehicles registered in
the Palestinian Authority, the Palestinian Fund will transfer to
the Israeli Fund, on a monthly basis, for each insured vehicle,
an amount equal to 30% of the amount paid to the Israeli Fund by
an insurer registered in Israel, for the sat-ne type of vehicle,
for the same period of insurance (which will not be less than 90
days).
5. In cases where a victim of a road accident wishes to claim
compensation from an insurer registered by the other side or
from the Fund of the other side or in cases where a driver or an
owner of a car is sued by a victim, by an insurer or by the Fund
of the other side, he may nominate the Fund of his side as his
proxy for this purpose. The Fund so nominated may address any
relevant party from the other side directly or through the other
sides' Fund.
6. In the case of a road accident in which neither the
registration number of the vehicle nor the identity of the
driver are known, the Fund of the side which has jurisdiction
over the place of the accident will compensate the victim,
according to its own legislation.
7. The Fund of each side will be responsible towards the victims
of the other side for any liability of the insurers of its side
regarding the compulsory insurance and will guarantee their
liabilities.
8. Each side will guarantee its Fund's liabilities according to
this Article.
9. The two sides will negotiate within three months from the
date of the signing of the Agreement a cut-off agreement between
the Existing Fund and the Palestinian Fund concerning accidents
which occurred in the Areas prior to the date of the signing of
the Agreement, whether claims have been reported or not. The
cut-off agreement will not include compensation for Israeli
victims involved in accidents which occurred in the Areas prior
to the date of the signing of the Agreement.
10.
a. The two sides will establish immediately upon the signing of
the Agreement, a sub-committee of experts (hereinafter - the
Sub-Committee) which will deal with issues regarding the
implementation of this Article, including:
1. Procedures concerning the handling of claims of victims of
the one side from insurers or from the Fund of the other side;
2. Procedures concerning the transfer of the amounts between the
Funds of both sides as mentioned in para 4(b) above;
3. The details of the cut-off agreement between the Existing
Fund and the Palestinian Fund, as set out in para 9 above;
4. Any other relevant issue raised by either side.
b. The Sub-Committee will act as a continuous committee for
issues regarding this Article.
c. The two sides will exchange, through the Sub-Committee, the
relevant information regarding the implementation of this
Article, including police reports, medical information, relevant
statistics, premiums, etc. The two sides will provide each other
with any other assistance required in this regard.
11. Each side may require the re-examination of the arrangements
set out in this Article a year after the date of the signing of
the Agreement.
12. Insurers from both sides may apply for a license to the
relevant authorities of the other side, according to the rules
and regulations regarding foreign insurers in the latter side.
The two sides agree not to discriminate against such applicants.
Done in Paris,
this twenty ninth day of April, 1994
For the Government of Israel
Finance Minister Avraham Shohat
For the PLO
Abu Ala (Ahmed Korei)
GAZA-JERICHO AGREEMENT - LETTERS
Letter from
PLO Chairman Yasser Arafat to Prime Minister Yitzhak Rabin: May
4, 1994
Yitzhak Rabin
Prime Minister of Israel
Mr. Prime
Minister,
With regard to
the Agreement on the Gaza Strip and the Jericho Area, signed in
Cairo on May 4, 1994 (hereinafter 'the Agreement'), the PLO
hereby confirms the following:
1. The PLO
undertakes to ensure that the Palestinian Authority, including
the Palestinian Police and other Palestinian Authority agencies,
will function in accordacne with the Agreement, and that the
Palestinian Authority will activate the coordination and
cooperation mechanism in a timely manner.
2. The PLO
undertakes to cooperate with Israel, and to assist it, in its
efforts to locate and to return to Israel Israeli soldiers who
are missing in action and the bodies of killed soldiers which
have not been recovered.
3. The PLO
undertakes to submit to the next meeting of the Palestinian
National Council for formal approval the necessary changes in
regard to the Palestinian Covenant, as undertaken in the letter
dated September 9, 1993 signed by the Chairman of the PLO and
addressed to the Prime Minister of Israel.
4. When
Chairman Arafat enters the Gaza Strip and the Jericho Area, he
will use the title 'Chairman (Ra'ees in Arabic) of the
Palestinian Authority' or 'Chairman of the PLO', and will not
use the title 'President of Palestine.'
5. Neither
side shall initiate or take any step that will change the status
of the Gaza Strip and the Jericho Area pending the outcome of
the permanent status negotiations.
6. Pursuant to
Article IV, paragraph 3, of the Agreement, the PLO shall inform
the Government of Israel of the names of the members of the
Palestinian Authority in a letter that shall be provided within
a week of signing the Agreement. The appointment of these
members to the Palestinian Authority shall take effect upon an
exchange of letters between the PLO and the Government of
Israel. Changes in the membership of the Palestinian Authority
will take effect upon an exchange of letters between the PLO and
the Government of Israel.
7. Immediately
after the conclusion of the Agreement, early empowerment
negotiations will commence pursuant to Article VI of the
Declaration of Principles, and the two sides will explore
possible expansion of the scope of these negotiations beyond the
five spheres.
8. The two
sides will intensify the negotiations on the interim
arrangements consistant with the Declaration of Principles and
guided by its target date.
9. The two
sides reiterate their commitment to commence permanent status
negotiations as soon as possible, but no later than the
beginning of the third year of the interim period, as provided
for in Article V of the Declaration of Principles.
10. As regards
the relations between Israel and the PLO, and without derogating
from the commitments contained in the letters dated September 9,
1993 signed by and exchanged between the Prime Minister of
Israel and the Chairman of the PLO, the two sides will apply
between them the provisions contained in Article XII, paragraph
1, with the necessary changes.
11. The two
Parties shall, within one month of signing the Agreement, invite
the Governments of Jordan and Egypt to establish the Continuing
Committee referred to in Article XII of the Declaration of
Principles and in Article XVI of the Agreement.
12. The
Government of Israel and the Palestinian Authority shall pass
all necessary legislation to implement the Agreement.
13. The two
Parties shall continue discussions on the following issues:
a. the size of the Jericho Area;
b. the positioning of a Palestinian official at the bridge;
c. additional arrangement in the Rafah passage; and
d. all outstanding issues specified in the Agreement.
Sincerely,
Yasser Arafat
Chairman
The Palestinian Liberation Organization
Letter from
Prime Minister Yitzhak Rabin to PLO Chairman Yasser Arafat: May
4, 1994
Yasser Arafat
Chairman
The Palestine Liberation Organization
Mr. Chairman,
The Government
of the State of Israel has the honor to acknowledge receipt of
your letter of today's date which reads as follows:
"With regard
to the Agreement on the Gaza Strip and the Jericho Area, signed
in Cairo on May 4, 1994 (hereinafter 'the Agreement'), the PLO
hereby confirms the following:
1. The PLO
undertakes to ensure that the Palestinian Authority, including
the Palestinian Police and other Palestinian Authority agencies,
will function in accordacne with the Agreement, and that the
Palestinian Authority will activate the coordination and
cooperation mechanism in a timely manner.
2. The PLO
undertakes to cooperate with Israel, and to assist it, in its
efforts to locate and to return to Israel Israeli soldiers who
are missing in action and the bodies of killed soldiers which
have not been recovered.
3. The PLO
undertakes to submit to the next meeting of the Palestinian
National Council for formal approval the necessary changes in
regard to the Palestinian Covenant, as undertaken in the letter
dated September 9, 1993 signed by the Chairman of the PLO and
addressed to the Prime Minister of Israel.
4. When
Chairman Arafat enters the Gaza Strip and the Jericho Area, he
will use the title 'Chairman (Ra'ees in Arabic) of the
Palestinian Authority' or 'Chairman of the PLO', and will not
use the title 'President of Palestine.'
5. Neither
side shall initiate or take any step that will change the status
of the Gaza Strip and the Jericho Area pending the outcome of
the permanent status negotiations.
6. Pursuant to
Article IV, paragraph 3, of the Agreement, the PLO shall inform
the Government of Israel of the names of the members of the
Palestinian Authority in a letter that shall be provided within
a week of signing the Agreement. The appointment of these
members to the Palestinian Authority shall take effect upon an
exchange of letters between the PLO and the Government of
Israel. Changes in the membership of the Palestinian Authority
will take effect upon an exchange of letters between the PLO and
the Government of Israel.
7. Immediately
after the conclusion of the Agreement, early empowerment
negotiations will commence pursuant to Article VI of the
Declaration of Principles, and the two sides will explore
possible expansion of the scope of these negotiations beyond the
five spheres.
8. The two
sides will intensify the negotiations on the interim
arrangements consistant with the Declaration of Principles and
guided by its target date.
9. The two
sides reiterate their commitment to commence permanent status
negotiations as soon as possible, but no later than the
beginning of the third year of the interim period, as provided
for in Article V of the Declaration of Principles.
10. As regards
the relations between Israel and the PLO, and without derogating
from the commitments contained in the letters dated September 9,
1993 signed by and exchanged between the Prime Minister of
Israel and the Chairman of the PLO, the two sides will apply
between them the provisions contained in Article XII, paragraph
1, with the necessary changes.
11. The two
Parties shall, within one month of signing the Agreement, invite
the Governments of Jordan and Egypt to establish the Continuing
Committee referred to in Article XII of the Declaration of
Principles and in Article XVI of the Agreement.
12. The
Government of Israel and the Palestinian Authority shall pass
all necessary legislation to implement the Agreement.
13. The two
Parties shall continue discussions on the following issues:
a. the size of the Jericho Area;
b. the positioning of a Palestinian official at the bridge;
c. additional arrangement in the Rafah passage; and
d. all outstanding issues specified in the Agreement."
The Government
of the State of Israel acknowledges and confirms the
undertakings and commitments contained in this letter.
Sincerely,
Yitzhak Rabin
Prime Minister
of Israel
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