GAZA-JERICHO AGREEMENT
ANNEX I
Protocol Concerning
Withdrawal of Israeli Military Forces and Security Arrangements
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Arrangements for Withdrawal
of Israeli Military Forces
1. Subject
to the provisions of this Annex, withdrawal of Israeli military forces from the
Gaza Strip and from the Jericho Area shall begin on the date of the signing of
this Agreement and shall be completed within three weeks (21 days) from that
date.
i.
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.
ii. 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.
iii. The
plan will include arrangements for the entry of the Palestinian Police, the
introduction of police arms, ammunition and equipment and related matters, as
well as arrangements intended to facilitate a smooth transfer of
responsibility, including the transfer of civil authority, so that no vacuum in
authority exists.
Article II
Coordination
and Cooperation In Security Matters
1. Joint
Security Coordination and Cooperation Committee
i.
A joint Security Coordination and Cooperation
Committee for Mutual Security Purposes (hereinafter "the JSC") is
hereby established.
ii.
The JSC shall:
1. recommend
security policy guidelines for the approval of the Joint Israeli-Palestinian
Liaison Committee and implement such approved guidelines;
2. deal
with security issues raised by either side;
3. provide
the proper channel for exchanging information between the two sides, needed to
solve security problems;
and
4. provide
directives for the District Coordination Offices.
iii.
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.
iv. 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.
v.
Unless otherwise agreed by the two sides, JSC
meetings will be hosted by each of the sides alternately.
2.
District Coordination Offices
i.
Three (3) District
Coordination Offices are hereby established, one each for the districts of
Gaza, Khan Yunis and Jericho (hereinafter "the DCOs").
i.
The DCOs shall:
1.
monitor and manage the matters requiring
coordination as determined by the JSC, according to the policy and guidelines
established by the JSC;
2.
monitor and manage all matters of a joint nature
within the specific district of each DCO, including the coordination of
activities by one side which may affect the other side;
3.
review, investigate and report to the JSC on the
overall situation within the DCO's respective district, with special regard to
specific events, incidents and activities occurring in the district;
4.
direct the Joint Patrols and Joint Mobile Units as
defined in this Article, operating within the DCO's respective district; and
5.
direct the Liaison Bureau established under Article
X below, operating at passages and crossing points as detailed in Article VII
and X below, in conjunction with the Joint Civil Affairs Coordination and
Cooperation Committee set up under Annex II to the Agreement (hereinafter the
"CAC").
ii.
Each DCO will be continuously
staffed by a team of up to six officers from each side, comprising one
commander and five duty officers.
iii.
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.
iv.
With a view to preventing
friction and to enabling the two sides to deal with possible incidents, both
sides shall ensure that the relevant DCO shall immediately be notified of any
of the following events:
1. routine,
scheduled or irregular activity or deployment by the Israeli military forces or
the Palestinian Police that directly affect the other side. This includes
activity or deployment in the proximity of Settlements or Palestinian villages,
as the case may be;
2. events
that pose a threat to public order;
3. activities
which disturb the regular flow of traffic on the main roads, including
roadblocks and road works;
4. incidents
involving both Israelis and Palestinians, such as road accidents, rescue of
casualties or persons in mortal danger, engagement steps or any incident in
which a weapon is used;
5. a
terrorist action of any kind and from any source;
6. infiltrations
across the lines of the Gaza Strip and the Jericho Area; and
7. all
cases in which Israelis are hospitalized in the Gaza Strip or the Jericho Area
or in which Palestinians of the Gaza Strip or the Jericho Area are hospitalized
in Israel.
v.
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.
vi. The JSC may modify the
content of the list of events outlined in subparagraph e. above.
vii.
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.
viii.
The DCOs shall be equipped with the necessary means
of communication to enable direct and immediate contact both with the Joint
Patrols and the Joint Mobile Units, as well as with the respective district
headquarters.
3.
Joint Patrols
i.
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.
ii.
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.
iii.
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.
iv. 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.
v.
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.
vi. 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.
vii.
Immediately upon becoming aware of the occurrence of
one of the events listed in subparagraph 2.e above, the Joint Patrols shall
report the event to the relevant DCO, as well as to the respective headquarters
of the two sides.
4.
Joint Mobile Units
i.
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.
ii.
The composition of the Joint
Mobile Units shall be similar to that of the Joint Patrols.
iii.
The duties of the Joint Mobile
Units are:
1. to monitor
movement along designated roads from stationary locations on agreed junctions,
from where they may patrol at random on agreed roads as directed by the
relevant DCO,in which case their duties shall be the same as those of Joint
Patrols; and
2. in
the event of an incident involving both Israelis and Palestinians, to reach the
site of the incident in order to provide assistance and to investigate.
5.
Review of Security
Arrangements
The JSC shall meet six months
after the signing of this Agreement, and at six-month intervals thereafter, to
review the security arrangements and to recommend changes. Amendments will be
adopted by mutual agreement based, among other factors, on the regular reports
and recommendations received from the DCOs.
Article III
The Palestinian Directorate of Police Force
1.
General
The
Palestinian Directorate of Police Force (hereinafter "the Palestinian
Police") shall function in accordance with the following principles:
i.
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.
ii.
Movement of Palestinian policemen between the Gaza
Strip and the Jericho Area will be conducted in accordance with Article IX of
this Annex.
2.
Duties and Functions
i.
Subject to the provisions of this Agreement, in the
areas under Palestinian jurisdiction the duties of the Palestinian Police shall
be as follows:
1.
performing normal police functions, including
maintaining internal security and public order;
2.
protecting the public and its property and acting to
provide a feeling of security and safety;
3.
adopting all measures necessary for preventing crime
in accordance with the law; and
4.
protecting public installations and places of
special importance.
3.
Structure and Composition
i.
The Palestinian Police shall
consist of one integral unit under the control of the Palestinian Authority. It
shall be composed of four branches:
1. Civil
Police (Al Shurta);
2. Public
Security;
3. Intelligence;
and
4. Emergency
Services and Rescue (Al Difa'a Al Madani).
In
each district, all members of the four Police branches shall be subordinate to
one central command.
ii.
The Palestinian Police will establish a Palestinian
Coastal Police unit (hereinafter the "Palestinian Coastal Police") in
accordance with Article XI of this Annex.
iii.
The Palestinian Police will be comprised of up to
9,000 policemen in all its branches.
4.
Recruitment
i.
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.
ii.
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.
iii.
Palestinian policemen coming from abroad may be
accompanied by spouse and children.
5.
Arms, Ammunition and Equipment
i.
Uniformed policemen, as well
as other policemen on duty who hold special accreditation, may carry arms.
ii.
The Palestinian Police will
possess the following arms and equipment:
1.
7,000 light personal weapons.
2.
Up to 120 machine guns of 0.3" or 0.5"
caliber.
3.
Up to 45 wheeled armored vehicles of a type to be
agreed on between the two sides, and of which 22 will be deployed in protecting
Palestinian Authority installations. The use of wheeled armored vehicles in the
Security Perimeter, on the Lateral Roads and on their adjacent sides, or in the
vicinity of the Settlements shall be approved through the relevant DCO.
Movement of such vehicles along the central North-South road (Road No. 4) in
the Gaza Strip may take place only after providing notification to the relevant
DCO.
4.
Communication systems, subject to Article II of
Annex II of this Agreement.
5.
Distinctive uniforms, identification badges and
vehicle markings.
iii.
Relevant police equipment and
infrastructure funded from the budget of the Civil Administration shall be
transferred to the Palestinian Police.
6.
Introduction of Arms and
Equipment and Foreign Assistance
i.
All foreign contributions and other forms of
assistance to the Palestinian Police must comply with the provisions of this
Agreement.
ii.
The introduction into the Gaza Strip or the Jericho
Area of arms, ammunition or equipment for the Palestinian Police, from all
sources, shall be coordinated through the JSC.
7.
Deployment
The Palestinian Police shall
be initially deployed in the Gaza Strip and the Jericho Area as shown on
attached maps Nos. 4 and 5. Any changes to this deployment will be agreed on in
the JSC.
Article IV
Security Arrangements in the Gaza Strip
1.
The Delimiting Line
For
the purpose of the present Agreement only, and without prejudice to the final
status, the line delimiting the northern and eastern edge of the Gaza Strip
follows the fence on the ground, as delineated on attached map No. 1 by an
unbroken green line (hereinafter "the Delimiting Line") and shall
have no other effect.
2.
Security Perimeter
i.
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").
ii.
In accordance with the provisions of this Agreement,
the Palestinian Police will be responsible for security in the Security
Perimeter.
iii.
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.
iv. Activities of the
Palestinian Police inside the Security Perimeter will be coordinated through
the relevant DCO. Security activities in Israel in the vicinity of the
Delimiting Line that directly affect the other side will be coordinated with
the Palestinian Police through the relevant DCO.
3.
The Israeli Settlements
i.
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.
ii.
Palestinians will be free to move along the coast
road and along the road from the Netzarim Junction to the seashore.
4.
The Yellow Areas
i.
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.
ii.
Entry of Palestinian policemen into the Yellow Areas
and their activity therein may take place as agreed upon through the relevant
DCO.
5.
The Mawasi Area
i.
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.
ii.
Access of Palestinians to the Mawasi Area, as
delineated on attached map No. 1, will be by the following roads:
1. Rafah
- Tel Sultan - Mawasi;
2. Khan
Yunis - El Bahr Village; and
3. Deir
El Ballah - along the beach to the Mawasi.
iii.
The Mawasi Beach
1.
Notwithstanding Israeli authority over the Gush
Katif settlement area, the Palestinian Authority may operate sections of the
Mawasi beach extending to the east up to the coast road, totalling, together
with the Rafah and Khan Yunis wharves, five (5) kilometers.
2.
Upon the completion of the withdrawal of Israeli
military forces from the Gaza Strip and the Jericho Area, Israel will notify
the Palestinian Authority of the locations of these sections.
3.
These sections may be used for the following
purposes:
i.
sport and recreation,
including boat hire facilities;
ii. operating
food establishments;
iii. enlarging
the wharves; and
iv. expanding
thefacilities for fishermen, such as offices, wharehouses and cold storage
facilities.
4.
In these sections, the Palestinian Authority, in
exercising its civil authority, will be able to grant licenses for businesses,
collect fees and taxes, set and enforce public health standards and develop and
manage the tourist sector.
5.
In each of the fishermen's wharves, the Palestinian
Authority may have an office building which shall be protected.
6.
There will be not be any construction by Israelis of
new sites along the beach.
7.
During a period of three months from the signing of
this Agreement, Israel may consider, in light of the security situation, the
use by the Palestinian Authority of additional beach sections.
6.
The Egyptian Border
The Military Installation
Area along the Egyptian border in the Gaza Strip, as delineated on attached map
No. 1 by a blue line and shaded in pink, will be under Israeli authority.
The village of Dahaniya
will remain part of the Military Installation Area pending a declaration of a
general amnesty for the residents of the village, and provision having been
made for their protection. Upon realization of the above amnesty and
protection, the village of Dahaniya will become part of the Yellow Area.
7.
Lateral Roads to the Settlements
i.
Without derogating from
Palestinian authority and in accordance with the Declaration of Principles:
1. On
the three lateral roads connecting the Israeli settlements in the Gaza Strip to
Israel, namely: the Kissufim-Gush Katif road; the Sufa-Gush Katif road; and the
Karni-Netzarim road, as delineated by a light blue line on attached map no. 1,
including the adjacent sides upon which the security of traffic along these
roads is dependent (hereinafter "the Lateral Roads"), the Israeli
authorities will have all necessary responsibilities and powers in order to
conduct independent security activity, including Israeli patrols.
2. Joint
Israeli-Palestinian patrols will operate along the Lateral Roads. Such joint
patrols will be led by the Israeli vehicle.
3. Where
the Israeli authorities carry out engagement steps, they will do so with a view
to transferring, at the earliest opportunity, the continued handling of the
incidents falling within Palestinian responsibility, to the Palestinian Police.
4. Overpasses
will be constructed on intersections between the Lateral Roads and the central
North-South road (Road No. 4).
5. These
arrangements will be reviewed by the JSC one year after the date of the signing
of this Agreement.
ii.
Where the Lateral Roads overlap the Security
Perimeter the two sides, in the exercise of their respective powers and
responsibilities, will fully coordinate their activity in order to prevent
friction.
8.
The Central North-South Road (Road No. 4) A joint
patrol led by the Palestinian vehicle will be operated along the central
North-South road (Road No. 4) in the Gaza Strip between Kfar Darom and Wadi
Gaza.
9.
Joint Mobile Units
i.
Joint Mobile Units will be
located at the following junctions:
1. the
Nissanit junction;
2. the
Netzarim junction:
3. the
Deir el-Ballah junction; and
4. the
Sufa-Morag junction.
ii.
At the Netzarim junction, the Israeli side of this
Joint Mobile Unit will check Israeli vehicles, which will then be able to
continue their journey without interference. This Joint Mobile Unit will also
operate as a Joint Patrol between the Netzarim Junction and Wadi Gaza under the
direction of the relevant DCO.
10. Coordination and
Cooperation in the Gaza Strip Two DCOs will function in the Gaza Strip as
follows:
i.
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.
ii.
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
1.
Clarifications Concerning the
Jericho Area With regard to the definition of the Jericho Area, as delineated
on attached map No. 2, it is hereby clarified that Route No. 90 crossing Auja
from South to North and the East-West road connecting Route No. 90 with Yitav,
and their adjacent sides, shall remain under Israeli authority. For the purpose
of this Article, the width of each such road and its adjacent sides, as shown
on attached map No. 2, shall extend at least 12 meters on each side measured
from its center.
2.
A Joint patrol led by the
Palestinian vehicle shall operate along the main North-South road crossing
Jericho (Route No. 90).
3.
Joint Mobile Units
i.
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.
ii.
A Joint Mobile Unit shall be
located at the Nahal Elisha junction on the road from Jericho to the Mousa
Allami project.
4.
Coordination and Cooperation
in the Jericho Area A DCO located at the Vered Yericho crossing point will
function in the Jericho Area and will maintain a subordinate Joint Liaison
Bureau in the Allenby Terminal.
i.
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.
ii.
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.
iii.
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.
iv.
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.
5.
Within three months of the
signing of this Agreement, Israel may consider, in light of the security
situation, the possibility of widening of the Jericho Area.
Article
VI
Security
Arrangements Concerning Planning, Building and Zoning
1.
Notwithstanding the
provisions relating to planning, building and zoning set out elsewhere in this
Agreement, the provisions of this Article shall apply with respect to the areas
specified below.
2.
These arrangements will be
reviewed within a period of six months from the signing of this Agreement and,
thereafter, every six months, with a view to modifying them, with due
consideration to Palestinian plans for establishing economic projects, and to
the security concerns of both sides.
3.
The limitations set out below
on the construction of buildings and installations in specific areas shall not
require the demolition or removal of existing buildings or installations.
4.
The existing buildings,
installations and natural and artificial culture in the Gaza Strip within a
distance of 100 meters from the Delimiting Line shall remain as they are at
present.
5.
Within the next 500 meters of
the Security Perimeter, and within the Yellow Areas, buildings or installations
may be constructed, provided that:
i.
one building or installation
may be constructed on each plot, the size of which shall not be less than 25
dunams; and
ii.
such building or installation
shall not exceed two floors, of a size not exceeding 180 sq. meters per floor.
The
Palestinian Authority shall maintain the predominantly agricultural character
of the remaining areas of the Security Perimeter.
6.
Buildings or installations
shall not be constructed on either side of the Lateral Roads up to a distance
of 75 meters from the center of these Roads.
7.
In the Jericho Area, no
bridges or other structures will be built above Route No. 90 which may prevent
the movement on this road of vehicles with a height of up to 5.25 meters.
8.
For the purpose of enforcing
this Article, the United States will provide both sides with satellite
photographs of the Gaza Strip depicting the buildings, installations and
natural and artificial culture existing at the time of the signing of this
Agreement.
Article
VII
The
Crossing Points
1.
General
i.
Israel declares that work to
relocate the Erez, NahaOz 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.
ii.
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.
iii.
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.
iv.
The provisions of this
Agreement shall neither prejudice the use of safe passage nor Israel's right,
for security and safety considerations, to close the crossing points to Israel
and to prohibit or limit the entry into Israel of residents and of vehicles
from the Gaza Strip and the Jericho Area.
2.
Passage between the Gaza
Strip and Israel
i.
Passage between the Gaza Strip
and Israel will be via one or more of the following crossing points:
1. the
Erez crossing point;
2. the
Nahal Oz crossing point; and
3. the
Sufa crossing point.
ii.
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.
iii.
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.
iv.
Passage of Israelis, and
tourists to Israel, between the Gaza Strip and Israel may, in addition, be via
the following crossing points:
1. the
Karni crossing point;
2. the
Kisufim crossing point;
3. the
Kerem Shalom crossing point; and
4. the
Elei Sinai crossing point.
v.
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.
vi.
Arrangements for the movement
of goods between the Gaza Strip and Israel through the crossing points are set
out in Annex IV.
vii.
A Palestinian liaison officer
will be present at each of the crossing points on the Lateral Roads.
3.
Passage to and from the
Jericho Area
i.
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.
ii.
Passage between the Jericho
Area and Israel via the West Bank shall be governed by the currently applicable
rules regulating the movement of persons and vehicles between the West Bank and
Israel.
Article VIII
Rules of Conduct in Security Matters
1.
Subject to the provisions of
this Agreement, the security and public order personnel of both sides shall
exercise their powers and responsibilities pursuant to this Agreement with due
regard to internationally-accepted norms of human rights and the rule of law
and shall be guided by the need to protect the public, respect human dignity
and avoid harassment.
2.
In the Yellow Areas and on the
Lateral Roads and their adjacent sides, vehicles bearing Israeli license plates
shall not be stopped, obstructed or delayed by the Palestinian Police, and no
identification shall be required.
3.
On the central North-South
road (Road No. 4) in the Gaza Strip between the Netzarim Junction and Kfar
Darom, and on the main North-South road crossing the Jericho Area (Route No. 90),
vehicles bearing Israeli license plates may be stopped for identification by a
Joint Patrol or a Joint Mobile Unit. The Israeli side of such a patrol or unit
may carry out identity and vehicle documentation checks.
4.
Without prejudice to the
provisions of this Article regarding the areas mentioned in paragraphs 2 and 3
above, the following rules of conduct shall apply throughout the rest of the
Gaza Strip and the Jericho Area:
i.
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).
ii.
Israelis shall under no circumstances be
apprehended, arrested or placed in custody or prison by Palestinian
authorities.
However, where an Israeli is suspected of having committed of an offense, he or
she may be detained in place by the Palestinian Police while ensuring his or
her protection, in accordance with the provisions of Annex III, until the
arrival of a Joint Patrol or Joint Mobile Unit, called immediately by the
Palestinian Police, or of other Israeli representatives dispatched by the
relevant DCO.
5.
Pedestrians may be required to
produce identity documentation (if above the age of sixteen). Thereafter, they
shall be treated in accordance with the provisions of this Article.
6.
Uniformed members of the
Israeli military forces, as well as vehicles of the Israeli military forces,
shall not be stopped by the Palestinian Police in any circumstances, and shall
not be subject to any identification requirements. Without derogating from the
above, in the event of suspicion regarding such a person or vehicle, the
Palestinian Police may notify the Israeli authorities through the relevant DCO,
in order to request appropriate assistance.
7.
Notwithstanding the provisions
of this Article, persons who are subject to identification pursuant to this
Article and who claim to be Israelis but cannot present appropriate
identification documentation may be detained in place by the Palestinian Police,
in accordance with the provisions of Annex III, until the arrival of a Joint
Patrol or Joint Mobile Unit, called by the Palestinian Police, or of other
Israeli representatives dispatched by the relevant DCO.
i.
Each side shall enforce upon civilians subject to
its authority a prohibition on possession or carrying weapons without a
license.
ii.
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.
8.
Rules of Engagement
i.
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.
ii.
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 requsuch 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.
iii.
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.
iv. Any activity involving the
use of firearms other than for immediate operational purposes shall be subject
to prior notification to the relevant DCO.
9.
If a person is injured or
otherwise in need of assistance, such assistance will be provided by the side
that first reaches the site. If such a person is under the authority of the
other side, the assisting side shall notify the relevant DCO and the
appropriate provisions of Article II of this Annex, as well as the provisions
of Annex II, Article II, regarding arrangements for treatment and
hospitalization, shall be applied.
Article IX
Arrangements for Safe Passage Between the Gaza Strip and the Jericho Area
1.
General
i.
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.
ii.
Israel will ensure safe passage during daylight
hours (from sunrise to sunset) for persons and transportation.
iii.
Safe passage will be effected via the following
designated crossing points:
1.
the Erez crossing point; and
2.
the Vered Yericho crossing point.
iv.
Israel will make safe passage
available through one or more of the routes delineated on attached map No. 3.
2.
The usage of safe passage
i.
As detailed below, persons using safe passage shall
carry, in addition to the personal and vehicle documentation, the following
documents:
1.
a safe passage card; and
2.
(for drivers only) a vehicle safe passage permit.
Arrangements for
implementation of safe passage, as well as modalities for the issuance by
Israel of safe passage cards and vehicle safe passage permits, shall be
discussed and agreed in the CAC.
ii.
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.
iii.
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.
iv.
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.
v.
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.
vi.
The mode of passage of
Palestinian policemen on duty, between the Gaza Strip and the Jericho Area,
will be coordinated through the JSC.
vii.
Any additional matters
relating to the usage of safe passage will be coordinated through the JSC.
3.
Passage and Mode of Transit
i.
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.
ii.
Persons using safe passage
shall be subject to the laws and regulations applicable in Israel and in the
West Bank respectively.
iii.
Persons and vehicles using
safe passage shall not carry explosives, firearms or other weapons or
ammunition, except for special cases that will be agreed to in the JSC.
4.
General Provisions Regarding
the Routes
i.
The above arrangements shall in no way affect the
status of the routes used for safe passage.
ii.
Routes used for safe passage shall be closed on Yom
Kippur, Israel's Memorial Day and Israel's Independence Day.
iii.
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.
iv. Israel shall notify the
Palestinian Authority of incidents involving persons using safe passage.
Article X
Passages
1.
General
i.
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.
ii.
The arrangements included in this Article shall
apply to the following border crossings:
1. the
Allenby Bridge crossing; and
2. the
Rafah crossing.
iii.
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.
iv. 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.
v.
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.
vi. Special arrangements will
apply to VIPs crossing through the Palestinian Wing. The liaison bureau to be
established pursuant to paragraph 5 below (hereinafter "the Liaison
Bureau") will define the scope and the nature of these special
arrangements.
2.
Control and Management of the
Passages
i.
For the purpose of this Article, "passage"
is defined to mean the area from the crossing barrier at the Egyptian border or
the Allenby Bridge, passing through and including the terminal and:
1.
with regard to the Allenby Bridge crossing, from the
terminal up to the Jericho Area; and
2.
with regard to the Rafah crossing, from the terminal
up to the outer limit of the Israel military location along the Egyptian
border.
3.
Israel will have the responsibility for security
throughout the passage, including for the terminal.
4.
An Israeli director-general will have the
responsibility for the management and security of the terminal.
5.
The director-general will have two deputies who will
report to him:
i.
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
ii. a
Palestinian deputy, appointed by the Palestinian Authority, who will be the
manager of the Palestinian Wing.
6.
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.
7.
There will be maximum coordination between the two
sides. Both sides will maintain cooperation and coordination on matters of
mutual concern.
8.
The director-general will continue to use
Palestinian contractors to provide bus services and other administrative and
logistical services.
9.
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.
10.
The details of management and security and Liaison
Bureau issues will be dewith by the two sides.
11.
The two sides will work together in order to seek
ways for additional arrangements in the Rafah terminal.
12.
Both sides will review these procedures in a year's
time.
ii.
Except for the arrangements
included in this Article, the current procedures and arrangements applicable
outside the terminal shall continue to apply throughout the passage.
1. Once
incoming passengers have crossed the terminal, they will proceed to the Jericho
Area or the Gaza Strip, as appropriate, without any interference from Israeli
authorities (safe passage).
2. Outgoing
passengers may proceed to the terminal without any interference from Israeli
authorities after joint verification that such passengers hold the necessary
documentation for exiting the area to Jordan or Egypt, as set out in this
Agreement.
3.
Arrangements for Entry from
Egypt and Jordan Through the Palestinian Wing
i.
At the entrance to the Palestinian Wing there will
be a Palestinian policeman and a raised Palestinian flag.
ii.
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.
iii.
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.
iv. Having completed the above
phase, persons entering the Palestinian Wing will pass through one of three
lanes for the purpose of identification and document control, as follows:
1. The
first lane will be used by Palestinian residents of the Gaza Strip and the
Jericho Area. These passengers will pass via a Palestinian counter, where their
documents and identity will be checked. Their documents will be checked by an
Israeli officer who will also check their identity indirectly in an invisible
manner.
2. The
second lane will serve other Palestinian residents of the West Bank. These
passengers will first pass via a Palestinian counter, where their documents and
identity will be checked. Then they will continue via an Israeli counter, where
their documents and identity will be checked. The two counters will be separated
by tinted glass and a revolving door.
3. The
third lane will serve visitors to the Gaza Strip and West Bank. An identical
procedure as in paragraph 3.d(2) above will apply to such visitors, except that
they will first pass via the Israeli counter, and then continue via the
Palestinian counter.
v.
In the event of suspicion regarding a passenger in
any of the three lanes described in subparagraph d. above, each side may
question such passenger in its closed checking area. Suspicion justifying
questioning in the closed checking area may be one of the following:
1.
the passenger was involved, directly or indirectly,
in criminal or planned criminal activity, in terrorist or planned terrorist
activity and is not a beneficiary of the amnesty provisions of this Agreement.
2.
the passenger conceals arms, explosives or related
equipment;
3.
the passenger holds forged or non-valid
documentation or the details included in the documentation are inconsistent
with those included in the population registry (in case of a resident) or in
the data base (in case of a visitor), except that questions relating to such
inconsistency will initially be raised at the counter and the passenger will be
questioned in the closed checking area only if the suspicion has not been
removed; or
4.
the passenger acts in an obviously suspicious
behavior during the passage via the terminal.
If, at the conclusion of
this questioning, the suspicion has not been removed, such passenger may be
apprehended, after the other side has been notified. In case of a Palestinian
suspect being apprehended by the Israeli side, a Palestinian policeman will be
asked to meet with the suspect. Following notification to the Liaison Bureau,
any further treatment of the apprehended person will be in accordance with
Annex III.
vi.
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.
vii.
Following the above procedure, the passengers will
collect their luggage and proceed to the customs area as described in Annex IV.
viii.
The Palestinian side will provide passengers whose
entry is approved with an entry permit stamped by the Palestinian side and
attached to their documents.
At
the conclusion of the direct and indirect checking of the documents and
identity of passengers passing via the first lane and stamping their entry
permits, the Palestinian officer will provide the passenger with a white card
issued by the Israeli officer. A Palestinian official posted at the exit of the
Palestinian Wing will verify that the passenger holds such a white card and
will collect the cards with indirect and invisible Israeli checking.
For
passengers going through the second and third lanes, the Israeli officer will provide
the passengers with a blue card, after checking their documents and identity,
and verifying their entry permits. An Israeli and a Palestinian official posted
at the exit of the Palestinian Wing will verify and collect the cards. White
and blue cards collected will be checked by Israeli and Palestinian officials.
In
cases where either side denies the entry of a non-resident passenger, that
passenger will be escorted out of the terminal and sent back to Jordan or
Egypt, as appropriate, after notifying the other side.
4.
Arrangements for Exit to Egypt
and Jordan Through The Palestinian Wing
Passengers
exiting to Egypt or Jordan through the Palestinian Wing will enter the terminal
without their luggage. Thereafter, the same procedures described in paragraph 3
above will apply to them, except that the order of passing via the Israeli and
Palestinian counters will be reversed.
5.
Liaison Bureau
i.
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.
ii.
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.
iii.
This bureau will be subordinate to the relevant
subcommittee of the CAC.
6.
Miscellaneous
i.
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.
ii.
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.
iii.
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 rewill continue to use the
existing documents issued by the military government and its Civil
Administration.
Article XI
Security Along the Coastline and in the Sea of Gaza
1.
Maritime Activity Zones
i.
Extent of Maritime Activity Zones
The sea off the coast of
the Gaza Strip will be divided into three Maritime Activity Zones, K, L, and M
as shown on map No. 6 attached to this Agreement, and as detailed below:
1.
Zones K and M
i.
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.
ii. Zone
M extends to 20 nautical miles in the sea from the coast, and one (1) nautical
mile wide from the Egyptian waters.
iii. Subject
to the provisions of this paragraph, Zones K and M will be closed areas, in
which navigation will be restricted to activity of the Israel Navy.
2. Zone
L
i.
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.
ii.
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.
ii.
General Rules of the Maritime Activity Zones
1.
The aforementioned fishing boats and recreational
boats and their skippers sailing in Zone L shall carry licenses issued by the
Palestinian Authority, the format and standards of which will be coordinated
through the JSC.
2.
The boats shall have identification markings determined
by the Palestinian Authority. The Israeli authorities will be notified through
the JSC of these identification markings.
3.
Residents of Israeli settlements in the Gaza Strip
fishing in Zone L will carry Israeli licenses and vessel permits.
4.
As part of Israel's responsibilities for safety and
security within the three Maritime Activity Zones, Israel Navy vessels may sail
throughout these zones, as necessary and without limitations, and may take any
measures necessary against vessels suspected of being used for terrorist
activities or for smuggling arms, ammunition, drugs, goods, or for any other
illegal activity. The Palestinian Police will be notified of such actions, and
the ensuing procedures will be coordinated through the Maritime Coordination and
Cooperation Center.
2.
The Palestinian Coastal Police
i.
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.
ii.
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.
iii.
The boats shall carry weapons
of up to a 7.62 mm caliber.
iv.
Boats of the Palestinian
Coastal Police may fly a Palestinian flag, have police identification markings
and shall operate identification lights.
v.
The Parties shall cooperate on
all sea matters, including mutual help at sea, and pollution and environmental
issues.
vi.
The boats of the Palestinian
Coastal Police will initially use the Gaza Wharf.
vii.
Boats belonging to Israelis
are solely subject to the control, authority and jurisdiction of Israel and the
Israel Navy.
3.
Maritime Coordination and
Cooperation Center
i.
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.
ii.
The MC shall function within the relevant DCO, and
will determine its own rules of procedure.
iii.
The MC shall function 24 hours a day.
iv. 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.
v.
A direct radio telephone link (hot line) shall be
set up between the Israel Navy vessels and the Palestinian Coastal Police
vessels.
vi. The role of the MC is to
coordinate:
1. assistance
between the Coastal Police and the Israel Navy as may be necessary to deal with
incidents arising at sea;
2. Coastal
Police training involving the use of firearms;
3. joint
activities between the Coastal Police and the Israel Navy when pre-planning is
operationally necessary;
4. radio
contact between Coastal Police and Israel Navy vessels in the event that
"hot line" communication between vessels of the two sides was not
established;
5. search
and rescue operations; and
6. maritime
activities related to an agreed port, when established in the Gaza Strip.
4.
Gaza Strip Port
i.
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.
ii.
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.
iii.
Pending construction of a port, arrangements for
entry and exit of vessels, passengers and goods by sea, as well as licenses for
vessels and crews sailing on international voyages in transit to the Gaza Strip
and the Jericho Area, shall be through Israeli ports in acordance with the
relevant rules and regulations applicable in Israel and in accordance with the
provisions of Annex IV.
Article
XII
Security
of the Airspace
1.
Operation of aircraft for the
use of the Palestinian Authority in the Gaza Strip and the Jericho Area shall
be initially as follows:
i.
Two (2) transport helicopters
for VIP transportation within and between the Gaza Strip and the Jericho Area.
ii.
Four (4) up to twenty persons
capacity fixed-wing transport aircraft, for transporting persons between the
Gaza Strip and the Jericho Area.
2.
Changes in the number, type
and capacity of aircraft may be discussed and agreed upon in a Joint Aviation
Subcommittee (hereinafter "the JAC") to be established within the
JSC.
3.
The Palestinian Authority may
immediately establish and operate in the Gaza Strip and the Jericho Area provisional
airstrips for the helicopters and fixed-wing aircraft referred to in
subparagraphs 1.a and 1.b above, in accordance with arrangements and modalities
to be discussed and agreed upon in the JAC.
All
aviation activity or usage of the airspace by any aerial vehicle in the Gaza
Strip and the Jericho Area shall require prior approval of Israel. It shall be
subject to Israeli air traffic control including, inter alia, monitoring and
regulation of air routes as well as relevant regulations and requirements to be
implemented in accordance with the Israel Aeronautical Information Publication,
the relevant parts of which will be issued after consultation with the
Palestinian Authority.
Aircraft
taking off from, and landing in the Gaza Strip and the Jericho Area shall be
registered and licensed in Israel or in other states members of ICAO. Air crews
of such aircraft shall be licensed in Israel or in such other states, provided
that such licenses have been approved and recommended by the Palestinian
Authority and validated by Israel.
4.
Aircraft referred to in this
shall not carry firearms, ammunition, explosives or weapons systems, unless
otherwise approved by both sides. Special arrangements for armed guards
escorting high-ranking officials, will be agreed upon in the JAC.
5.
The location of navigational
aids and other aviation equipment will be approved by Israel through the JAC.
i.
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.
ii.
Further powers and
responsibilities may be transferred to the Palestinian Authority through the
JAC.
iii.
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.
i.
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.
ii.
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.
6.
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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