The Government of the State of Israel and the Palestine Liberation
Organization (PLO), the representative of the Palestinian
people;
Preamble
Within the framework of the Middle East peace process initiated at
Madrid in October 1991 Reaffirming their determination to live in
peaceful coexistence, mutual dignity and security while recognizing
their mutual legitimate and political rights;
Reaffirming their desire to achieve a just, lasting and
comprehensive peace settlement through the agreed political
process;
Reaffirming their adherence to the mutual recognition and
commitments expressed in the letters dated September 9, 1993,
signed by and exchanged between the Prime Minister of Israel and
the Chairman of the PLO;
Reaffirming their understanding that the interim arrangements,
including the arrangements to apply in the Gaza Strip and the
Jericho Area contained in this Agreement, are an integral part of
the whole peace process and that the negotiations on the permanent
status will lead to the implementation of Security Council
Resolutions 242 and 338;
Desirous of putting into effect the Declaration of Principles on
Interim Self-Government Arrangements signed at Washington, D.C. on
September 13, 1993, and the Agreed Minutes thereto (hereinafter
"the Declaration of Principles"), and in particular the Protocol on
withdrawal of Israeli forces from the Gaza Strip and the Jericho
Area;
Hereby Agree to the following arrangements regarding the Gaza Strip
and the Jericho Area:
Definition of the Gaza Strip and Jericho Area
1. For the purpose of this Agreement, the Gaza Strip and the
Jericho Area are delineated on the relevant map.
2. The two sides view the West Bank and the Gaza Strip as a single
territorial unit, the integrity of which will be preserved during
the interim period.
Scheduled Withdrawal of Israeli Military Forces
1. Israel shall implement an accelerated and scheduled withdrawal
of Israeli military forces from the Gaza Strip and from the Jericho
Area beginning immediately with the Signing of this Agreement and
to be completed within three weeks from this date.
2. Subject to the arrangements included in the Annex, the Israeli
withdrawal shall include evacuating all military bases and other
fixed installations to be handed over to the Palestinian
police.
3. In order to carry out Israel's responsibility for external
security and for internal security and public order of Israelis and
Israeli settlements, concurrently with the withdrawal, Israel will
redeploy its remaining military forces to the Israeli settlement
areas, Israeli settlements and the military installation area shown
on the map, in accordance with the provisions of this Agreement.
Subject to the provisions of this Agreement, this redeployment
shall constitute full implementation of Article XIII of the
Declaration of Principles with regard to the Gaza Strip and the
Jericho Area.
4. For the purposes of this Agreement, "Israeli military forces"
may include Israeli Police and other Israeli security forces.
5. [I: Israelis, including Israeli military forces,] [P: Israeli
military forces and civilians]
may continue to use roads freely within the Gaza Strip and the
Jericho Area.
6. The Palestinian police force shall be deployed and shall assume
responsibility for public order and internal security of
Palestinians in accordance with this Agreement and the Annex.
Transfer of Authority
1. Israel shall transfer authority as set out in this Agreement
from the Israeli military government and its Civil Administration
to a Palestinian Authority, hereby established, in accordance with
the Article on Jurisdiction of this Agreement, except for the fact
that Israel shall continue to exercise authority in accordance with
the Article on Jurisdiction.
2. As regards the transfer of authority in civil spheres, powers
and responsibilities shall be transferred as set out in the
Protocol concerning Civil Affairs attached as an Annex.
3. The Palestinian Authority shall have the structure described.
The PLO shall inform the Israeli government of the names of the
members of the Palestinian Authority and any changes thereof.
4. Arrangement for a smooth and peaceful transfer of the agreed
powers and responsibilities, are set out in the Annex.
5. Upon the completion of the Israeli withdrawal and the transfer
of powers and responsibilities, the Civil Administration in the
Gaza Strip and the Jericho Area will be dissolved and the Israeli
military government will be withdrawn. The withdrawal of the
military government shall not prevent it from continuing to
exercise the powers and responsibilities set out in this
Agreement.
6. A joint Civil Affairs Coordination and Cooperation Committee and
two Joint Regional Civil Affairs Sub-Committees for the Gaza Strip
and the Jericho Area respectively will be established in order to
provide for coordination and cooperation in civil affairs between
the Palestinian Authority and Israel.
7. The offices of the Palestinian Authority shall be located in the
Gaza Strip and the Jericho Area pending the inauguration of the
Council to be elected pursuant to the Declaration of
Principles.
Legislative Powers of the Palestinian Authority
1. The Palestinian Authority shall have the power, within its
jurisdiction, to promulgate legislation, including basic laws,
laws, regulations and other legislative acts.
2. Legislation promulgated by the Palestinian Authority shall be
consistent with the provisions of this Agreement.
3. Legislation which exceeds the jurisdiction of the Palestinian
Authority or which is inconsistent with the provisions of this
Agreement shall be null and void.
4. Legislation to be promulgated by the Palestinian Authority shall
be provided to a legislation sub-committee. Israel may request that
the Legislation Sub-Committee decide whether such proposed
legislation exceeds the jurisdiction of the Palestinian Authority
or is otherwise inconsistent with the provisions of this Agreement.
Where Israel makes no such request, the proposed legislation shall
be deemed to satisfy the requirements of paragraph nos. 1-3
above.
5. Where Israel makes a request under paragraph 4 above and the
Legislation Sub-Committee in unable to reach a decision on the
proposed legislation, the matter shall be referred to the Joint
Liaison Committee.
[6. Pending the decision of the Legislation Sub-Committee, or, if
the matter is referred to it, of the Joint Liaison Committee, the
proposed legislation shall not enter into force.]
7. Laws and military orders in effect in the Gaza Strip or Jericho
Area prior to the signing of this Agreement shall remain in force,
unless amended or abrogated in accordance with this
Agreement.
Arrangements for Security and Public Order
Option 1
1. In order to guarantee public order and internal security for the
Palestinians of the Gaza Strip and the Jericho Area, the
Palestinian Authority shall establish a strong police force, as set
out in Article (PDPF) below. Israel shall continue to carry the
responsibility for defending against external threats, including
the responsibility for protecting the Egyptian border and the
Jordanian line, and for defense against external threats from the
sea and from the air, as well as the responsibility for overall
security of Israelis and Israeli settlements for the purpose of
safeguarding their internal security and public order.
Option 2
1. Israel shall continue to carry the responsibility and retain the
powers for defense against external threats. In this regard, Israel
shall bear the responsibility for protecting the Egyptian border
and the Jordanian line, and for defense against external threats
from the sea and from the air. The Palestinian Authority shall
assume the responsibility of internal security and public order
within its jurisdiction, as set out in Article (PDPF) below. Israel
shall continue to be responsible and retain the powers for internal
security and public order of settlements and Israelis.
2. Agreed security arrangements and coordination mechanisms are
specified in the Annex.
3. A joint Coordination and Cooperation Committee for mutual
security purposes, as well as three joint Coordination and
Cooperation Offices for the Gaza district, the Khan Yunis district
and the Jericho district respectively, are hereby
established.
4. The security arrangements provided for in this Agreement may be
reviewed at the request of either Party and may be amended by
mutual agreement of the Parties.
The Palestinian Directorate of Police Force
1. In order to guarantee public order and internal security for the
Palestinians in the Gaza Strip and the Jericho Area, the
Palestinian Authority shall establish a strong police force
¬the Palestinian Directorate of Police Force (hereinafter "the
Palestinian Police"). The duties, functions, structure, deployment
and composition of the Palestinian Police, together with provisions
regarding its equipment and operation, are set out in an
Annex.
2. Except for the Palestinian Police referred to in this Article
and the Israeli military forces referred to above, no other armed
forces shall be established or operate in the Gaza Strip or the
Jericho Area.
3. Restrictions regarding explosives equipment and weapons are
contained in an Annex.
Except for the arms, ammunition and equipment of the Palestinian
Police described the Annex, neither the Palestinian Authority, nor
any organization or individual under the jurisdiction of the
Palestinian Authority, shall manufacture, acquire, possess, import
or otherwise introduce into the Gaza Strip or Jericho Area, any
firearms, ammunition, weapons, explosives, gunpowder, or any
related equipment.
Notwithstanding the above, the Palestinian Authority may grant
licenses permitting the use of explosives and gunpowder for
civilian use and shall supervise such use.
The JSC shall agree on standard conditions to be included in such
licences, and on means of inspection and notification.
Passages
Arrangements for coordination between Israel and the Palestinian
Authority regarding the Gaza-Egypt and Jericho-Jordan passages, as
well as any other agreed international crossings,
srRING 1994 145 are set out in an Annex.
Safe Passage between the Gaza Strip and Jericho
Area
Arrangements for safe passage of persons and transportation between
the Gaza Strip and the Jericho Area are set out in an Annex.
Relations Between Israel and the Palestinian
Authority
1. Israel and the Palestinian Authority shall seek to foster mutual
understanding and tolerance and shall accordingly abstain from
incitement, including hostile propaganda, against each other and,
without derogating from the principle of freedom of expression,
shall take legal measures to prevent such incitement by any
organizations, groups or individuals within their
jurisdiction.
2. Without derogating from the other provisions of this Agreement,
Israel and the Palestinian Authority shall cooperate in combating
criminal activity which may affect both sides, including offenses
related to the trafficking in illegal drugs and psychotropic
substances, smuggling and offenses against property, including
offenses related to vehicles, such as theft of vehicles and vehicle
parts.
Human Rights and the Rule of Law
1. The Joint Israeli-Palestinian Liaison Committee established
pursuant to Article X of the Declaration of Principles shall ensure
the smooth implementation of this Agreement. It shall deal with
issues requiring coordination, other issues of common interest and
disputes.
2. The Joint Committee shall be composed of an equal number of
members from each Party.
It may add other technicians and experts as necessary.
3. The Joint Committee shall adopt its rules of procedure,
including the frequency and place or places of its meetings.
4. The Joint Committee shall reach its decisions by
Agreement.
Liaison and Cooperation with Jordan and Egypt
1. Pursuant to Article XII of the Declaration of Principles, the
two parties shall invite the Governments of Jordan and Egypt to
participate in establishing further liaison and cooperation
arrangements between the Government of Israel and the Governments
of Jordan and Egypt, on the other hand, to promote cooperation
between them. These arrangements shall include the constitution of
a continuing Committee.
2. The Continuing Committee shall decide by agreement on the
modalities of admission of persons displaced from the West Bank and
Gaza Strip in 1967, together with necessary measures to prevent
disruption and disorder.
3. The Continuing Committee shall deal with other matters of common
interest.
Settlement of Differences and Disputes
1. Any difference relating to the application of this Agreement
shall be referred to the appropriate coordination and cooperation
mechanism under this Agreement. The provisions of Article XV of the
Declaration of Principles shall apply to any such difference which
is not settled through the appropriate coordination and liaison
mechanism.
Prevention of Hostile Acts
Both sides shall take all measures necessary in order to prevent
acts of terrorism, crime and hostilities directed against each
other, against individuals falling under the other's jurisdiction
and against their property, and will punish offenders. In this
regard, the Palestinian side shall also take measures necessary to
prevent such hostile acts directed against the Israeli settlement
areas and the infrastructure serving them and the military
installation area.
Missing Israelis
The Palestinian Authority shall cooperate with Israel by providing
all necessary assistance in the conduct of searches by Israel
within the Gaza Strip and the Jericho Area for missing
Israelis.
Confidence Building Measures
[I: Israel and the Palestinian Authority will implement confidence
building measures, including the release of detainees and prisoners
held by Israel, and the protection of persons who have or are
believed to have cooperated or collaborated with Israel, as
detailed in the Protocol attached as an Annex.]
Temporary International Presence
[P:1. The parties agree to a temporary international or foreign
presence in PNA territory, including international observers,
instructors and other elements.]
2. The international presence shall consist of qualified personnel
from the donor countries.
3. A special Fund from donor countries shall be established to
provide finance for this
international presence and ensure its maintenance.
4. The international presence may be renewed one year after its
deployment by agreement.
5. A trilateral cooperation and coordination mechanism shall be
established.
6. Israel and the Palestinian Authority shall negotiate a special
Protocol that will implement this Article.
Preservation of Rights, Liabilities and
Obligations [Note: This Article will be addressed
by the Legal Committee.]
[I: 1.Nothing in this Agreement affects the rights, liabilities and
obligations in existence at the date of entry into force of this
Agreement of any person or legal entity, whether such person or
entity is within or outside the Gaza Strip and Jericho Area.]
2. [I: Unless otherwise determined in an Annex, the transfer of the
agreed powers and responsibilities includes all related rights,
liabilities and obligations of the Israeli military government and
its Civil Administration arising with regard to acts or omissions
which occurred prior to the transfer, whether such rights,
liabilities or obligations matured before or after the
transfer.]
[P: Rights and obligations of the Israeli military government and
its Civil Administration shall be transferred to the Palestinian
Authority. Financial obligations must be transferred to the
Palestinian Authority together with budgetary allocations or other
funds concerning their total amount]
[P: Contracts and other transactions concluded by the Israeli
military government and its Civil Administration which are valid
beyond the transfer of authority shall be transferred to the
Palestinian Authority.]
[P: However, the Palestinian Authority may infonn Israel that it
shall not be bound by such contracts which it sees disadvantageous,
incompatible with its economic or social policy, or inconsistent
with this Agreement. Disputes regarding such contracts shall be
settled by the Joint Liaison Committee.]
Final Clauses
1. This Agreement shall enter into force on the date of its
signing.
2. The arrangements established by this Agreement shall remain in
force until and to the extent superseded by the Interim Agreement
referred to in the Declaration of Principles or any other agreement
between the parties.
3. The five-year transitional period referred to in the Declaration
of Principles shall commence on ...
4. [I: As part of Israel's responsibility for security in
accordance with this Agreement, in the event of the outbreak of
hostilities, or the imminent threat of such hostilities, Israel may
take all measures necessary to respond to such events, including
the introduction of additional military forces wherever required,
until the termination of the hostilities or the removal of the
threat.]
5. The Parties agree that, as long as this Agreement is in force,
the security fence erected by Israel around the Gaza Strip shall
remain in place and that the line demarcated by the fence, as shown
on the map, shall be authoritative only for the purpose of this
Agreement.
6. Nothing in this Agreement shall prejudice or preempt the outcome
of the negotiations on the Interim Agreement or on the permanent
status to be conducted pursuant to the Declaration of
Principles
7. The Gaza Strip and the Jericho Area will continue to be an
integral part of the West Bank and Gaza Strip, and their status
shall not be changed for the period of this Agreement. Nothing in
this Agreement shall be considered to change this status.
8. The Preamble to this Agreement, and all Annexes, Appendices and
maps attached hereto, shall constitute an integral part hereof.
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