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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