GAZA-JERICHO AGREEMENT
ANNEX I
Protocol Concerning Withdrawal of Israeli Military Forces and Security
Arrangements
Article I
Arrangements for Withdrawal of Israeli Military Forces
- 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.
- 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.
- 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.
- 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
- Joint Security Coordination and Cooperation Committee
- A joint Security Coordination and Cooperation Committee for
Mutual Security Purposes (hereinafter "the JSC") is hereby established.
- The JSC shall:
- recommend security policy guidelines for the approval of
the Joint Israeli-Palestinian Liaison Committee and implement such
approved guidelines;
- deal with security issues raised by either side;
- provide the proper channel for exchanging information between the two
sides, needed to solve security problems;
and
- provide directives for the District Coordination Offices.
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.
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.
Unless otherwise agreed by the two sides, JSC meetings will be hosted
by each of the sides alternately.
District Coordination Offices
- Three (3) District Coordination Offices are hereby
established, one each for the districts of Gaza, Khan Yunis and Jericho
(hereinafter "the DCOs").
- The DCOs shall:
- monitor and manage the matters requiring coordination as
determined by the JSC, according to the policy and guidelines established
by the JSC;
- 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;
- 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;
- direct the Joint Patrols and Joint Mobile Units as defined in this
Article, operating within the DCO's respective district; and
- 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").
Each DCO will be continuously staffed by a team of up to six officers
from each side, comprising one commander and five duty officers.
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.
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:
- 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;
- events that pose a threat to public order;
- activities which disturb the regular flow of traffic on the main
roads, including roadblocks and road works;
- 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;
- a terrorist action of any kind and from any source;
- infiltrations across the lines of the Gaza Strip and the Jericho Area;
and
- 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.
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.
The JSC may modify the content of the list of events outlined in
subparagraph e. above.
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.
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.
Joint Patrols
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Joint Mobile Units
- 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.
- The composition of the Joint Mobile Units shall be similar to that of
the Joint Patrols.
- The duties of the Joint Mobile Units are:
- 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
- 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.
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
- General
The Palestinian Directorate of Police Force (hereinafter "the Palestinian
Police") shall function in accordance with the following principles:
- 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.
- Movement of Palestinian policemen between the Gaza Strip and the
Jericho Area will be conducted in accordance with Article IX of this
Annex.
Duties and Functions
- Subject to the provisions of this Agreement, in the areas
under Palestinian jurisdiction the duties of the Palestinian Police shall
be as follows:
- performing normal police functions, including maintaining internal
security and public order;
- protecting the public and its property and acting to provide a feeling
of security and safety;
- adopting all measures necessary for preventing crime in accordance
with the law; and
- protecting public installations and places of special
importance.
Structure and Composition
- The Palestinian Police shall consist of one integral unit
under the control of the Palestinian Authority. It shall be composed of
four branches:
- Civil Police (Al Shurta);
- Public Security;
- Intelligence; and
- 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.
The Palestinian Police will establish a Palestinian Coastal Police
unit (hereinafter the "Palestinian Coastal Police") in accordance with
Article XI of this Annex.
The Palestinian Police will be comprised of up to 9,000 policemen in
all its branches.
Recruitment
- 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.
- 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.
- Palestinian policemen coming from abroad may be accompanied by spouse
and children.
Arms, Ammunition and Equipment
- Uniformed policemen, as well as other policemen on duty who
hold special accreditation, may carry arms.
- The Palestinian Police will possess the following arms and
equipment:
- 7,000 light personal weapons.
- Up to 120 machine guns of 0.3" or 0.5" caliber.
- 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.
- Communication systems, subject to Article II of Annex II of this
Agreement.
- Distinctive uniforms, identification badges and vehicle
markings.
Relevant police equipment and infrastructure funded from the budget of
the Civil Administration shall be transferred to the Palestinian
Police.
Introduction of Arms and Equipment and Foreign Assistance
- All foreign contributions and other forms of assistance to
the Palestinian Police must comply with the provisions of this
Agreement.
- 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.
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
- 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.
- Security Perimeter
- 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").
- In accordance with the provisions of this Agreement, the Palestinian
Police will be responsible for security in the Security Perimeter.
- 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.
- 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.
The Israeli Settlements
- 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.
- Palestinians will be free to move along the coast road and along the
road from the Netzarim Junction to the seashore.
The Yellow Areas
- 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.
- Entry of Palestinian policemen into the Yellow Areas and their
activity therein may take place as agreed upon through the relevant
DCO.
The Mawasi Area
- 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.
- Access of Palestinians to the Mawasi Area, as delineated on attached
map No. 1, will be by the following roads:
- Rafah - Tel Sultan - Mawasi;
- Khan Yunis - El Bahr Village; and
- Deir El Ballah - along the beach to the Mawasi.
The Mawasi Beach
- 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.
- 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.
- These sections may be used for the following purposes:
- sport and recreation, including boat hire facilities;
- operating food establishments;
- enlarging the wharves; and
- expanding the facilities for fishermen, such as offices, wharehouses
and cold storage facilities.
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.
In each of the fishermen's wharves, the Palestinian Authority may have
an office building which shall be protected.
There will be not be any construction by Israelis of new sites along
the beach.
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.
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.
Lateral Roads to the Settlements
- Without derogating from Palestinian authority and in
accordance with the Declaration of Principles:
- 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.
- Joint Israeli-Palestinian patrols will operate along the Lateral
Roads. Such joint patrols will be led by the Israeli vehicle.
- 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.
- Overpasses will be constructed on intersections between the Lateral
Roads and the central North-South road (Road No. 4).
- These arrangements will be reviewed by the JSC one year after the date
of the signing of this Agreement.
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.
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.
Joint Mobile Units
- Joint Mobile Units will be located at the following
junctions:
- the Nissanit junction;
- the Netzarim junction:
- the Deir el-Ballah junction; and
- the Sufa-Morag junction.
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.
Coordination and Cooperation in the Gaza Strip Two DCOs will function
in the Gaza Strip as follows:
- 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.
- 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 Area
- 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.
- A Joint patrol led by the Palestinian vehicle shall operate along the
main North-South road crossing Jericho (Route No. 90).
- Joint Mobile Units
- 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.
- A Joint Mobile Unit shall be located at the Nahal Elisha junction on
the road from Jericho to the Mousa Allami project.
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.
- 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.
- 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.
- 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.
- 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.
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
- 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.
- 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.
- 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.
- 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.
- Within the next 500 meters of the Security Perimeter, and within the
Yellow Areas, buildings or installations may be constructed, provided
that:
- one building or installation may be constructed on each
plot, the size of which shall not be less than 25 dunams; and
- 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.
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.
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.
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
- General
- 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.
- 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.
- 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.
- 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.
Passage between the Gaza Strip and Israel
- Passage between the Gaza Strip and Israel will be via one
or more of the following crossing points:
- the Erez crossing point;
- the Nahal Oz crossing point; and
- the Sufa crossing point.
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.
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.
Passage of Israelis, and tourists to Israel, between the Gaza Strip
and Israel may, in addition, be via the following crossing points:
- the Karni crossing point;
- the Kisufim crossing point;
- the Kerem Shalom crossing point; and
- the Elei Sinai crossing point.
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.
Arrangements for the movement of goods between the Gaza Strip and
Israel through the crossing points are set out in Annex IV.
A Palestinian liaison officer will be present at each of the crossing
points on the Lateral Roads.
Passage to and from the Jericho Area
- 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.
- 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
- 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.
- 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.
- 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.
- 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:
- 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).
- 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.
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.
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.
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.
- Each side shall enforce upon civilians subject to its
authority a prohibition on possession or carrying weapons without a
license.
- 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.
Rules of Engagement
- 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.
- 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.
- 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.
- Any activity involving the use of firearms other than for immediate
operational purposes shall be subject to prior notification to the
relevant DCO.
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
- General
- 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.
- Israel will ensure safe passage during daylight hours (from sunrise to
sunset) for persons and transportation.
- Safe passage will be effected via the following designated crossing
points:
- the Erez crossing point; and
- the Vered Yericho crossing point.
- Israel will make safe passage available through one or more of the
routes delineated on attached map No. 3.
The usage of safe passage
- As detailed below, persons using safe passage shall carry,
in addition to the personal and vehicle documentation, the following
documents:
- a safe passage card; and
- (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.
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.
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.
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.
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.
The mode of passage of Palestinian policemen on duty, between the Gaza
Strip and the Jericho Area, will be coordinated through the JSC.
Any additional matters relating to the usage of safe passage will be
coordinated through the JSC.
Passage and Mode of Transit
- 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.
- Persons using safe passage shall be subject to the laws and
regulations applicable in Israel and in the West Bank respectively.
- 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.
General Provisions Regarding the Routes
- The above arrangements shall in no way affect the status of
the routes used for safe passage.
- Routes used for safe passage shall be closed on Yom Kippur, Israel's
Memorial Day and Israel's Independence Day.
- 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.
- Israel shall notify the Palestinian Authority of incidents involving
persons using safe passage.
Article X
Passages
- General
- 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.
- The arrangements included in this Article shall apply to the following
border crossings:
- the Allenby Bridge crossing; and
- the Rafah crossing.
- 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.
- 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.
- 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.
- 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.
Control and Management of the Passages
- 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:
- with regard to the Allenby Bridge crossing, from the terminal up
to the Jericho Area; and
- with regard to the Rafah crossing, from the terminal up to the outer
limit of the Israel military location along the Egyptian border.
- Israel will have the responsibility for security throughout
the passage, including for the terminal.
- An Israeli director-general will have the responsibility for the
management and security of the terminal.
- The director-general will have two deputies who will report to
him:
- 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
- a Palestinian deputy, appointed by the Palestinian Authority, who will
be the manager of the Palestinian Wing.
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.
There will be maximum coordination between the two sides. Both sides
will maintain cooperation and coordination on matters of mutual
concern.
The director-general will continue to use Palestinian contractors to
provide bus services and other administrative and logistical services.
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.
The details of management and security and Liaison Bureau issues will
be dealt with by the two sides.
The two sides will work together in order to seek ways for additional
arrangements in the Rafah terminal.
Both sides will review these procedures in a year's time.
Except for the arrangements included in this Article, the current
procedures and arrangements applicable outside the terminal shall continue
to apply throughout the passage.
- 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).
- 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.
Arrangements for Entry from Egypt and Jordan Through the Palestinian
Wing
- At the entrance to the Palestinian Wing there will be a
Palestinian policeman and a raised Palestinian flag.
- 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.
- 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.
- 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:
- 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.
- 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.
- 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.
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:
- 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.
- the passenger conceals arms, explosives or related equipment;
- 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
- 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.
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.
Following the above procedure, the passengers will collect their
luggage and proceed to the customs area as described in Annex IV.
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.
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.
Liaison Bureau
- 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.
- 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.
- This bureau will be subordinate to the relevant subcommittee of the
CAC.
Miscellaneous
- 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.
- 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.
- 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
- Maritime Activity Zones
- 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:
- Zones K and M
- 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.
- Zone M extends to 20 nautical miles in the sea from the coast, and one
(1) nautical mile wide from the Egyptian waters.
- 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.
- Zone L
- 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.
- Zone L will be open for fishing, recreation and economic activities,
in accordance with the following provisions:
- 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.
- 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.
- 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.
General Rules of the Maritime Activity Zones
- 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.
- The boats shall have identification markings determined by the
Palestinian Authority. The Israeli authorities will be notified through
the JSC of these identification markings.
- Residents of Israeli settlements in the Gaza Strip fishing in Zone L
will carry Israeli licenses and vessel permits.
- 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.
The Palestinian Coastal Police
- 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.
- 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.
- The boats shall carry weapons of up to a 7.62 mm caliber.
- Boats of the Palestinian Coastal Police may fly a Palestinian flag,
have police identification markings and shall operate identification
lights.
- The Parties shall cooperate on all sea matters, including mutual help
at sea, and pollution and environmental issues.
- The boats of the Palestinian Coastal Police will initially use the
Gaza Wharf.
- Boats belonging to Israelis are solely subject to the control,
authority and jurisdiction of Israel and the Israel Navy.
Maritime Coordination and Cooperation Center
- 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.
- The MC shall function within the relevant DCO, and will determine its
own rules of procedure.
- The MC shall function 24 hours a day.
- 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.
- A direct radio telephone link (hot line) shall be set up between the
Israel Navy vessels and the Palestinian Coastal Police vessels.
- The role of the MC is to coordinate:
- assistance between the Coastal Police and the Israel Navy as may
be necessary to deal with incidents arising at sea;
- Coastal Police training involving the use of firearms;
- joint activities between the Coastal Police and the Israel Navy when
pre-planning is operationally necessary;
- 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;
-
- search and rescue operations; and
- maritime activities related to an agreed port, when established in the
Gaza Strip.
Gaza Strip Port
- 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.
- 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.
- 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
- Operation of aircraft for the use of the Palestinian Authority in
the Gaza Strip and the Jericho Area shall be initially as follows:
- Two (2) transport helicopters for VIP transportation within
and between the Gaza Strip and the Jericho Area.
- Four (4) up to twenty persons capacity fixed-wing transport aircraft,
for transporting persons between the Gaza Strip and the Jericho Area.
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.
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.
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.
The location of navigational aids and other aviation equipment will be
approved by Israel through the JAC.
- 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.
- Further powers and responsibilities may be transferred to the
Palestinian Authority through the JAC.
- 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.
- 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.
- 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.
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.
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