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Wednesday, November 16, 2005
Full Text: "Agreement on Movement and Access" & "Agreed Principles for Rafah Crossing"

Israel, Palestinians Agree on Two Documents on Movement, Access
Pacts affect movement in Palestinian Territories, crossings at Egypt border
http://usinfo.state.gov/mena/Archive/2005/Nov/15-381874.html

Negotiators from Israel and the Palestinian Authority November 15 achieved
an agreement on facilitating the movement of people and goods within the
Palestinian Territories and on opening an international crossing on the
Gaza-Egypt border that will put the Palestinians in control of the entry and
exit of people.

The negotiations were facilitated by Secretary of State Condoleezza Rice,
European Union High Representative for the Common Foreign and Security
Policy Javier Solana and the international community's envoy for the Israeli
disengagement from Gaza, James Wolfensohn. (See related article.)
http://usinfo.state.gov/mena/Archive/2005/Nov/15-811620.html
The details of the agreement are contained in two documents -- Agreement on
Movement and Access, and Agreed Principles for Rafah Crossing.
For additional information, see The Middle East: A Vision for the Future.
http://usinfo.state.gov/mena/middle_east_north_africa/me_vision.html

Following are the texts of the two documents:
[As released by the U.S. Department of State
November 15, 2005]

Agreement on Movement and Access

To promote peaceful economic development and improve the humanitarian
situation on the ground, the following agreement has been reached. It
represents the commitments of the Government of Israel (GoI) and the
Palestinian Authority (PA). Its implementation and further elaboration will
be assisted by the Quartet Special Envoy for Disengagement and his staff
and/or the United States Security Coordinator (USSC) and his staff.

1. Rafah
The parties have agreed to the attached statement of principles. Rafah will
be opened as soon as it is ready to operate at an international standard in
accordance with the specifications of this agreement and as soon as the 3rd
party is on site, with a target date of November 25.

2. Crossing Points
The parties have agreed that:

The passages will operate continuously. On an urgent basis, Israel will
permit the export of all agricultural products from Gaza during this 2005
harvest season.

The new and additional scanner will be installed and fully operational by
December 31. At that time, the number of export trucks per day to be
processed through Karni will reach 150, and 400 by end-2006. A common
management system will be adopted by both parties.

In addition to the number of trucks above, Israel will permit export of
agricultural produce from Gaza and will facilitate its speedy exit and
onward movement so that quality and freshness can be maintained. Israel
will ensure the continued opportunity to export.

To enhance operation, the parties agree that:

-- When a new generation of x-ray equipment able to scan trailers as well as
containers becomes available it will be used. Once it arrives in the
country, testing will also be carried out with the assistance of the Quartet
Special Envoy.

-- The USSC will ensure continuing consultation, with unresolved
implementation issues to be discussed as needed with the parties.

-- The PA will ensure that the passages will be protected on the Palestinian
side of the border and will train and upgrade the management of all
crossings to ensure efficiency and effectiveness. The PA will establish,
without delay, a unified system of border management.

-- The management system that has been developed for Karni should, with
suitable local variations, be adapted to the passages at Erez and Kerem
Shalom. Israel also undertakes to put in place similar arrangements as
appropriate that will make West Bank passages fully operational as soon as
possible. A bilateral committee, with participation as needed of the
Quartet Special Envoy and/or the USSC, will develop operational procedures
for those passages.

3. Link between Gaza and the West Bank

Israel will allow the passage of convoys to facilitate the movements of
goods and persons. Specifically:
-- Establish bus convoys by December 15.
-- Establish truck convoys by January 15.
-- Work out detailed implementation arrangements in a bilateral committee of
the GoI and PA with participation as needed from the Quartet team and the
USSC.

It is understood that security is a prime and continuing concern for Israel
and that appropriate arrangements to ensure security will be adopted.

4. Movement within the West Bank

Consistent with Israel's security needs, to facilitate movement of people
and goods within the West Bank and to minimize disruption to Palestinian
lives, the ongoing work between Israel and the U.S. to establish an agreed
list of obstacles to movement and develop a plan to reduce them to the
maximum extent possible will be accelerated so that the work can be
completed by December 31.

5. Gaza Seaport

Construction of a seaport can commence. The GoI will undertake to assure
donors that it will not interfere with operation of the port. The parties
will establish a U.S.-led tripartite committee to develop security and other
relevant arrangements for the port prior to its opening. The 3rd party
model to be used at Rafah will provide the basis for this work.

6. Airport

The parties agree on the importance of the airport. Discussions will
continue on the issues of security arrangements, construction, and
operation.

(end text)
(begin text)

Agreed Principles for Rafah Crossing

To be supplemented prior to opening by agreements on security, customs and
3rd party implementation procedures
General

-Rafah will be operated by the Palestinian Authority on its side, and Egypt
on its side, according to international standards, in accordance with
Palestinian law and subject to the terms of this agreement.

-Rafah will be opened as soon as it is ready to operate at an international
standard in accordance with the specifications of this agreement and as soon
as the 3rd party is on site, with a target date of November 25.

-Use of the Rafah crossing will be restricted to Palestinian ID card holders
and others by exception in agreed categories with prior notification to the
GoI and approval of senior PA leadership.
-- The PA will notify the GoI 48 hours in advance of the crossing of a
person in the excepted categories-diplomats, foreign investors, foreign
representatives of recognized international organizations and humanitarian
cases.
-- The GoI will respond within 24 hours with any objections and will include
the reasons for the objections;
-- The PA will notify the GoI of their decision within 24 hours and will
include the reasons for their decision;
-- The 3rd party will ensure the proper procedures are followed and will
advise both sides of any information in its possession pertaining to the
people applying to cross under these exceptions.
-- These procedures will remain in place for a period of 12 months, unless
the 3rd party delivers a negative evaluation of the PA running the Rafah
crossing. This evaluation will be done in close coordination with both
sides and will give due consideration to the opinion of both sides.
-Rafah will also be used for export of goods to Egypt.
-Objective criteria for the inspection of cars will be established by
consensus. The criteria are as follows:
--Search equipment will be installed, including
--- Black lights
---Power tools and a compressor for the tools
---Technology to be agreed, possibly including sonic imagery, gamma
detection (full vehicle or hand held), and/or millimetre wave imagery
--- Mirrors and bore scope equipment to search hard to reach places
--Personnel will be trained to search vehicles and on the use of this
equipment by the 3rd party to international standards
--Cameras will be installed to monitor the search process
-The 3rd party will evaluate the capacity of the PA to inspect cars
according to these criteria and to international standards. Once the PA
develops the capacity to inspect cars to the satisfaction of the 3rd party,
cars will be allowed to pass through Rafah. Until that time, cars will pass
through on an exceptional basis, subject to specifications agreed in the
security protocol.
-Rafah will be the only crossing point between the Gaza Strip and Egypt
(with the exception of Kerem Shalom for the agreed period).
- The PA will establish clear operating procedures.
- Until Rafah is operational, the PA will open Rafah crossing on an ad hoc
basis for religious pilgrims, medical patients, and others, in coordination
with General Gilad's office on the Israeli side.
-Israel will provide the PA with all information needed to update the
Palestinian population registry, including all information on Palestinian ID
card holders who are currently outside the country.
-A liaison office, led by the 3rd party, will receive real-time video and
data feed of the activities at Rafah and will meet regularly to review
implementation of this agreement, resolve any disputes arising from this
agreement, and perform other tasks specified in this agreement.

Security
-The PA will act to prevent the movement of weapons and explosives at the
Rafah crossing.
-The PA will establish baggage limits for each passenger as part of the
procedures. Limits will be the same as currently applied by the GoI; very
frequent travellers (suitcase policy) to be agreed.
--Travellers, including returning residents, may use the crossing point to
bring in personal effects as defined in Rule 1(e) to Heading 7 of the Annex
to the prevailing Customs Tariff. Any other personal belongings or other
goods shall be cleared at the Kerem Shalom crossing point.
-The PA will provide the 3rd party a list of names of the workers at Rafah
crossing which will be shared with the Israelis. The PA will take the
Israelis concerns into account.
-Security services from Israel, PA, the U.S., and Egypt will continue to
coordinate on security issues and will participate in the security working
group.
-On a case by case basis, the PA will consider information on persons of
concern provided by the GoI. The PA will consult with the GoI and the 3rd
party prior to the PA making a decision to prohibit travel or not. During
this consultation, which will not take more than six hours, the person in
question will not be permitted to cross.

Customs
-GoI and PA will continue to apply the Paris Protocol of 29 April 1994.
-Rafah will be operated according to international standards and rules and
the Paris Protocol.
-GoI and PA agree on widest possible co-operation and information sharing.
-GoI and PA will co-operate on training issues.
-GoI and PA customs will hold regular meetings to which the GoE will be
invited as appropriate.

Kerem Shalom
-PA customs officials will clear incoming cargo at Kerem Shalom under the
supervision of Israeli customs agents.
-Both sides will discuss operating procedures at a later stage.
-Operations at Kerem Shalom will provide training and capacity building to
PA customs staff.
-The 3rd party will review the PA's customs capacity in 12 months and make a
recommendation to both sides for a joint decision regarding future
arrangements. In the event of a disagreement, the U.S., in consultation
with the GoI, the PA, and the 3rd party, will resolve the issue
expeditiously.

Third party
-The 3rd party will have the authority to ensure that the PA complies with
all applicable rules and regulations concerning the Rafah crossing point and
the terms of this agreement. In case of non-compliance the 3rd party has
the authority to order the re-examination and reassessment of any passenger,
luggage, vehicle or goods. While the request is being processed, the
person, luggage, vehicle or cargo in question will not be allowed to leave
the premises of the Rafah crossing point.
-The 3rd party will assist the PA to build capacity -- training, equipment
and technical assistance -- on border management and customs.
-Details of the 3rd party's role are specified in the attached memorandum of
understanding.
-The 3rd party will be the European Union.

Created: 15 Nov 2005 Updated: 15 Nov 2005

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