THE ISRAELI-PALESTINIAN INTERIM AGREEMENT ON THE WEST
BANK AND THE GAZA STRIP
ANNEX IV
Protocol Concerning Legal
Affairs
ARTICLE I
Criminal Jurisdiction
-
- The criminal jurisdiction of the Council covers
all offenses committed by Palestinians and/or non-Israelis in the
Territory, subject to the provisions of this Article.
For the purposes of this
Annex, "Territory" means West Bank territory
except for Area C which, except for the Settlements and the military locations,
will be gradually transferred to the Palestinian side in accordance with this
Agreement, and Gaza Strip territory except for the Settlements and the Military
Installation Area.
- In addition, the Council has criminal
jurisdiction over Palestinians and their visitors who have committed offenses
against Palestinians or their visitors in the West Bank and
the Gaza Strip in areas outside the Territory, provided that the offense
is not related to Israel's security interests.
- Notwithstanding the provisions of subparagraph
a. above, the criminal jurisdiction of each side over offenses committed
in Area B shall be in accordance with the provisions of paragraph 2.a of
Article XIII of this Agreement.
- Individuals arrested by the Palestinian Police
in Area B for public order and other reasons shall be tried before the
Palestinian courts, provided that these courts have criminal
jurisdiction.
- Israel has sole criminal
jurisdiction over the following offenses:
1.
offenses committed outside the Territory, except
for the offenses detailed in subparagraph 1. b above; and
2.
offenses committed in the Territory by Israelis.
-
.
In exercising the criminal jurisdiction of their
courts, each side shall have the power, inter alia, to investigate, arrest,
bring to trial and punish offenders.
a.
Activities of the Palestinian Police and the
Israeli military forces for the implementation of subparagraph a. above shall
be as set out in the Agreement and Annex I thereto.
- In addition, and without derogating from the
territorial jurisdiction of the Council, Israel has the power to arrest
and to keep in custody individuals suspected of having committed offenses
which fall within Israeli criminal jurisdiction as noted in paragraphs
1.c, 2 and 7 of this Article, who are present in the areas under the
security responsibility of the Council, where:
.
The individual is an Israeli, in accordance with
Article II of this Annex; or
a.
- The individual is a non-Israeli suspected of
having just committed an offense in a place where Israeli authorities
exercise their security functions in accordance with Annex I, and is
arrested in the vicinity in which the offense was committed. The arrest
shall be with a view to transferring the suspect, together with all
evidence, to the Palestinian Police at the earliest opportunity.
- In the event that such an individual is
suspected of having committed an offense against Israel or Israelis, and
there is a need for further legal proceedings with respect to that
individual, Israel may retain him or her in custody, and the question of
the appropriate forum for prosecuting such a suspect shall be dealt with
by the Legal Committee on a case by case basis.
- In the case of an offense committed in the areas
under the security responsibility of the Council by a non-Israeli against Israel
or an Israeli, the Council shall take measures to investigate and
prosecute the case, and shall notify Israel of the result of the
investigation and any legal proceedings.
- When a suspicion arises against a tourist in
transit to or from Israel through the Territory in the West Bank and the
Gaza Strip, that the tourist has committed an offense in the Territory and
that tourist is present on roads or in Jewish holy sites specified in
Article V, paragraph 7, Article VII, paragraph 9 and Appendix 4 of Annex
I, the Palestinian Police may detain him in place and immediately notify
the Israeli military forces which shall be authorized to arrest and
question him. Where an offense has been committed by a tourist in
violation of the prevailing law and further legal proceeding in respect of
the tourists are required, such proceedings shall be taken by the Council.
Where such a tourist
present outside these areas is detained or arrested by the Council, it shall
notify the Israeli authorities within a reasonable time, not exceeding 24
hours, and shall enable them at the earliest opportunity to meet the detainee
and to provide any necessary assistance, including consular notification,
requested by the detainee.
-
.
Without prejudice to the criminal jurisdiction of
the Council, and with due regard to the principle that no person can be tried
twice for the same offense, Israel has, in addition to the above provisions of
this Article, criminal jurisdiction in accordance with its domestic laws over
offenses committed in the Territory against Israel or an Israeli.
a.
In exercising its criminal jurisdiction in
accordance with subparagraph a. above, activities of the Israeli military
forces related to subparagraph a. above shall be as set out in the Agreement
and Annex I thereto.
ARTICLE II
Legal
Assistance in Criminal Matters
- General
- Israel and the Council shall
cooperate and provide each other with legal assistance in criminal
matters. Such cooperation shall include the arrangements detailed in this
Article.
- Documents served by one side in the territory
under the responsibility of the other, shall be accompanied by a
translation into the official language of the other side.
- Cooperation in Criminal Matters
- The Israeli Police and the Palestinian Police
shall cooperate in the conduct of investigations. Subject to detailed
arrangements to be agreed upon, such cooperation shall include the
exchange of information, records and fingerprints of criminal suspects,
vehicle ownership registration records, etc.
- Where an offense is committed in the Territory
by an Israeli acting jointly with an individual under Palestinian
personal jurisdiction, the Israeli military forces and the Palestinian
Police will cooperate in conducting an investigation.
- The Palestinian authorities shall not arrest
Israelis or place them in custody. Israelis can identify themselves by
presenting Israeli documentation.
However, when an Israeli
commits a crime against a person or property in the Territory, the Palestinian
Police, upon arrival at the scene of the offense shall, if necessary, until the
arrival of the Israeli military forces, detain the suspect in place while
ensuring his protection and the protection of those involved, prevent
interference with the scene of the offense, collect the necessary evidence and
conduct preliminary questioning, and in any case shall immediately notify the
Israeli authorities through the relevant DCO.
- Without derogating from the jurisdiction of the
Council over property located or transported within the Territory, where
the property is being transported or carried by an Israeli , the
following procedure shall apply: The Palestinian authorities have the
power to take any measures necessary in relation to Israeli vehicles or
property where such vehicle or property has been used in the commission
of a crime and present an immediate danger to public safety or health.
When such measures are taken, the Palestinian authorities shall
immediately notify the Israeli authorities through the relevant DCO, and
shall continue to take the necessary measures until their arrival.
- When an Israeli is suspected of committing an
offense and is present in the Territory, the Israeli military forces shall
be able to arrest, search and detain the suspect as required; in areas
where the Palestinian Police exercise powers and responsibilities for internal
security and public order, such activities shall take place in
coordination with the Palestinian Police, in its presence and with its
assistance.
- Israel shall hand over to the
Palestinian Police the Palestinian offenders to whom Article I, paragraph
1.b applies, together with any collected evidence.
- Restraining Orders
Each side shall execute
orders issued by the competent organs of the other side restraining a person
under the jurisdiction of that side from traveling abroad.
- Summons and Questioning of Witnesses
- Where the statement of a witness who is an
Israeli or other person present in Israel is required for a
Palestinian investigation, the statement shall be taken by the Israeli
Police in the presence of a Palestinian Police officer in an Israeli
facility at an agreed location.
- Where the statement of a non-Israeli witness
present in the Territory is required for an Israeli investigation, the
statement shall be taken by the Palestinian Police in the presence of an
Israeli Police officer in a Palestinian facility at an agreed location.
- In exceptional cases, each side may take a
statement requested by the other side itself, without the presence of the
requesting side.
- Transfer of Suspects and Defendants
- Where a non-Israeli suspected of, charged with,
or convicted of, an offense that falls within Palestinian criminal
jurisdiction is present in Israel , the Council may request
Israel to arrest and transfer the individual to the Council.
- Where an individual suspected of, charged with,
or convicted of, an offense that falls within Israeli criminal
jurisdiction, is present in the Territory, Israel may
request the Council to arrest and transfer the individual to Israel.
- Requests under subparagraph a. and b. above
shall specify the grounds for the request and shall be supported by an
arrest warrant issued by a competent court.
- Where the request is for the transfer of a
suspect who is not a Palestinian requested by the Council:
- the arrest warrant shall only be issued
pursuant to an application made by or on behalf of the Attorney-General,
confirming that there is a reasonable evidentiary basis that the offense
was committed by the suspect;
- the offense must be punishable by not less than
7 years imprisonment under the law of the requesting side.
-
- Individuals suspected of offenses punishable by
less than 7 years, imprisonment shall be interrogated by the
investigating side in a facility of the other side or at an agreed
location.
- Interrogation shall take place in the presence
of a police officer of the other side.
- Upon the request of the investigating side the
other side may detain the suspect in custody pending and during
questioning.
- Where the presence of the suspect is required
for an objective reason, such as confronting witnesses and identification
of site, the suspect shall be transferred for that purpose only.
-
- Both sides, upon receipt of a request in
accordance with this Article, shall effect the arrest and transfer
requested.
- If the individual requested is detained in
custody or is serving a prison sentence, the side receiving the request
may delay the transfer to the requesting side for the duration of the
detention or imprisonment.
- No person shall be transferred in respect of an
offense punishable by capital punishment unless the requesting side
undertakes that capital punishment shall not be imposed in the case.
-
- Both sides shall take all necessary measures to
ensure that the treatment of the individuals transferred under this
article complies with the applicable legal arrangements in Israel
and in the Territory and with internationally-accepted norms of human
rights regarding criminal investigations.
- suspects transferred under this paragraph shall
have the right to be assisted during the investigation period by an
advocate of their own choice.
- Each side may, upon the request of the other
side, detain, for no more than seven days, an individual in respect of
whom a request for arrest and transfer is to be made, pending the
submission of such a request.
- The transfer of foreigners by Israel
to the Council under this Article shall be subject to the applicable
conventions to which Israel is a party and in coordination with the
foreigner's state of origin.
- Both sides may agree that an individual
convicted in the courts of one side shall serve his sentence in a prison
of the other side, subject to arrangements and conditions to be agreed
between the sides.
- Assistance in the Execution of Court Orders for
the Purposes of Investigation
- Israel and the Council shall
execute orders issued by each other's courts for the purposes of
investigations (e.g., search warrants, orders for the production of
documents and seizure orders), subject to the provisions of local law.
- Where, for the purposes of an investigation,
Israel or the Council requires that tests or examinations (such as
fingerprinting or blood analysis) be effected in relation to an item
situated in territory under the responsibility of the other side, that
side shall effect the tests or examinations required and transfer the
results to the side conducting the investigation, where feasible.
Where these results are
not sufficient for the purposes of the investigation, arrangements shall be
made for the transfer of the item to the side conducting the investigation.
- Legal Assistance in the Conduct of Judicial
Proceedings
-
- Summons and subpoenas issued by an Israeli
court in respect of defendants and witnesses present in the Territory,
shall be effected through the Council, which shall be responsible for
the service of summons, and the execution of subpoenas by the
Palestinian Police.
- Subpoenas issued in respect of an Israeli
defendant or witness present in the Territory shall be executed by the
Israeli military forces. In areas where the Palestinian Police exercise
powers and responsibilities for internal security and public order, such
activities shall take place in the presence and with the assistance of,
the Palestinian Police.
- Summons and subpoenas issued by a Palestinian
court in respect of defendants and witnesses in Israel
shall be effected through the Israeli Police who shall be responsible for
the service of summons and the execution of subpoenas.
- Where the evidence of an Israeli witness is
required in connection with proceedings conducted by a Palestinian court,
the witness shall testify at a Palestinian court sitting at an agreed
venue, and the witness shall be accompanied by representatives of the
Israeli military forces together with the Palestinian Police.
- Where the evidence of a witness is required in
connection with proceedings conducted by a court of one side, a notice of
such a request will be given to the authorities of the other side to
summon the witness.
- Nothing in this Annex shall derogate from each
side's powers and responsibilities as detailed in Annex I.
ARTICLE III
Civil
Jurisdiction
- The Palestinian courts and judicial authorities
have jurisdiction in all civil matters, subject to this Agreement.
- In cases where an Israeli is a party, the
Palestinian courts and judicial authorities have jurisdiction over civil
actions in the following cases:
- the subject matter of the action is an ongoing
Israeli business situated in the Territory (the registration of an
Israeli company as a foreign company in the Territory being evidence of
the fact that it has an ongoing business situated in the Territory);
- the subject matter of the action is real
property located in the Territory;
- the Israeli party is a defendant in an action
and has consented to such jurisdiction by notice in writing to the
Palestinian court or judicial authority;
- the Israeli party is a defendant in an action,
the subject matter of the action is a written agreement, and the Israeli
party has consented to such jurisdiction by a specific provision in that
agreement;
- the Israeli party is a plaintiff who has filed
an action in a Palestinian court. If the defendant in the action is an
Israeli, his consent to such jurisdiction in accordance with
subparagraphs c. or d. above shall be required; or
- actions concerning other matters as agreed
between the sides.
- The jurisdiction of the Palestinian courts and
judicial authorities does not cover actions against the State of Israel
including its statutory entities, organs and agents.
- Israelis, including registered companies of
Israelis, conducting commercial activity in the Territory are subject to
the prevailing civil law in the Territory relating to that activity.
Enforcement of judicial and administrative judgments and orders issued
against Israelis and their property shall be effected by Israel,
within a reasonable time, in coordination and cooperation with the
Council.
ARTICLE IV
Legal
Assistance in Civil Matters
- Service of Documents
- Israel and the Council will be
responsible for the service of legal documents, including subpoenas,
issued by the judicial organs under the responsibility of the other side.
- Documents served by one side in the territory
under the responsibility of the other, shall be accompanied by a
translation into the official language of the other side.
- Taking of Evidence
Israel and the
Council will make arrangements for taking evidence from witnesses, when
necessary, when such evidence is sought in connection with proceedings
conducted by the judicial organs under the responsibility of the other side.
- Enforcement of Judgments
- Israel and the Council will enforce
judgments rendered by the judicial organs under the responsibility of the
other side, provided that the judicial organ concerned has the
jurisdiction to render the judgment and further provided that the
enforcement is not contrary to public policy. The execution offices under
the responsibility of each side shall execute such judgments as if
rendered by their own judicial organs.
- In executing any judgment against Israelis, the
Palestinian execution offices may issue orders (e.g., attachments,
receivership, eviction) against Israeli property within the Territory.
The Palestinian Police shall effect the execution of such orders jointly
with the Israeli Police, which undertakes to respect the said orders.
This subparagraph does
not relate to attachments effected by the service of documents without
requiring any physical actions, such as attachments of bank accounts.
- Without derogating from the civil jurisdiction
of the Palestinian courts and judicial authorities in accordance with
Article III, imprisonment orders against Israelis, and orders restraining
Israelis from traveling abroad (excluding interim orders before a
judgment was given), shall only be issued by Israeli execution offices
and effected by the Israeli police.
THE ISRAELI-PALESTINIAN INTERIM
AGREEMENT ON THE WEST BANK AND THE GAZA STRIP
ANNEX V
PROTOCOL ON
ECONOMIC RELATIONS
between
the Government of the State of Israel
and
the P.L.O., representing the Palestinian people
Paris, April 9, 1994
PREAMBLE
The two parties view the economic domain as one of the cornerstone in
their mutual relations with a view to enhance their interest in the achievement
of a just, lasting and comprehensive peace. Both parties shall cooperate in
this field in order to establish a sound economic base for these relations,
which will be governed in various economic spheres by the principles of mutual
respect of each other's economic interests, reciprocity, equity and fairness.
This protocol lays the groundwork for
strengthening the economic base of the Palestinian side and for exercising its
right of economic decision making in accordance with its own development plan
and priorities. The two parties recognise each other's economic ties with other
markets and the need to create a better economic environment for their peoples
and individuals.
Article I
FRAMEWORK AND SCOPE OF THIS PROTOCOL
- This protocol establishes the contractual
agreement that will govern the economic relations between the two sides
and will cover the West Bank and the Gaza Strip during the
interim period. The implementation will be according to the stages
envisaged in the Declaration of Principles on Interim Self Government
Arrangements signed in Washington D.C. on September 13, 1993 and the Agreed Minutes thereto. It will therefore begin in the Gaza Strip and the Jericho
Area and at a later stage will also apply to the rest of the West Bank,
according to the provisions of the Interim Agreement and to any other
agreed arrangements between the two sides.
- This Protocol, including its Appendixes, will be
incorporated into the Agreement on the Gaza Strip and the Jericho Area (in
this Protocol - the Agreement), will be an integral part thereof and
interpreted accordingly. This paragraph refers solely to the Gaza Strip
and the Jericho Area.
- This Protocol will come into force upon the
signing of the Agreement.
- For the purpose of this Protocol, the term
"Areas" means the areas under the jurisdiction of the
Palestinian Authority, according to the provisions of the Agreement
regarding territorial jurisdiction. The Palestinian Jurisdiction in the
subsequent agreements could cover areas, spheres or functions according to
the Interim Agreement. Therefore, for the purpose of this Protocol,
whenever applied, the term "Areas" shall be interpreted to mean
functions and spheres also, as the case may be, with the necessary
adjustments.
Article II
THE JOINT ECONOMIC COMMITTEE
- Both parties will establish a Palestinian-Israeli
Joint Economic Committee (hereinafter - the JEC) to follow up the
implementation of this Protocol and to decide on problems related to it
that may arise from time to time. Each side may request the review of any
issue related to this Agreement by the JEC.
- The JEC will serve as the continuing committee
for economic cooperation envisaged in Annex III of the Declaration of
Principles.
- The JEC will consist of an equal number of
members from each side and may establish sub-committees specified in this
Protocol.
A sub-committee may include experts as necessary.
- The JEC and its sub-committees shall reach their
decisions by agreement and shall determine their rules of procedure and
operation, including the frequency and place or places of their meetings.
Article III
IMPORT TAXES AND IMPORT POLICY
- The import and customs policies of both sides
will be according to the principles and arrangements detailed in this
Article.
-
- The Palestinian Authority will have all powers
and responsibilities in the sphere of import and customs policy and
procedures with regard to the following:
- Goods on List Al, attached hereto as Appendix I
locally-produced in Jordan and in Egypt particularly and in the other
Arab countries, which the Palestinians will be able to import in
quantities agreed upon by the two sides up to the Palestinian market
needs as estimated according to para 3 below.
- Goods on List A2, attached hereto as Appendix
II, from the Arab, Islamic and other countries, which the Palestinians
will be able to import in quantities agreed upon by the two sides up to
the Palestinian market needs as estimated according to para 3 below.
- The import policy of the Palestinian Authority
for Lists Al and A2 will include independently determining and changing
from time to time the rates of customs, purchase tax, levies, excises and
other charges, the regulation of licensing requirements and procedures
and of standard requirements. The valuation for custom purposes will be
based upon the GATT 1994 agreement as of the date it will be introduced
in Israel, and until then - on the Brussels Definition of
Valuation (BDV) system. The classification of goods will be based on the
principles of "the Harmonized Commodity Description and Coding
System". Concerning imports referred to in Article VII of this
Protocol (Agriculture), the provisions of that Article will apply.
- For the purposes of para 2(a) above, the
Palestinian market needs for 1994 will be estimated by a sub-committee of
experts. These estimates will be based on the best available data
regarding past consumption, production, investment and external trade of
the Areas. The sub-committee will submit its estimate within three months
from the signing of the Agreement. These estimates will be reviewed and
updated every six months by the sub-committee, on the basis of the best
data available regarding the latest period for which relevant data are
available, taking into consideration all relevant economic and social
indicators. Pending an agreement on the Palestinian market needs, the
previous period's estimates adjusted for population growth and rise in
per-capita GNP in the previous period, will serve as provisional estimate.
- The Palestinian Authority will have all powers
and responsibilities to independently determine and change from time to
time the rates of customs, purchase taxes; levies, excises and other
charges on the goods on List B, attached hereto as Appendix III, of basic
food items and other goods for the Palestinian economic development
program, imported by the Palestinians to the Areas.
-
- With respect to all goods not specified in Lists
Al, A2 and B, and with respect to quantities exceeding those determined
in accordance with paras 2(a) & 3 above (hereinafter - the
Quantities), the Israeli rates of customs, purchase tax, levies, excises
and other charges, prevailing at the date of signing of the Agreement ,
as changed from time to time, shall serve as the minimum basis for the
Palestinian Authority. The Palestinian Authority may decide on any upward
changes in the rates on these goods and exceeding quantities when
imported by the Palestinians to the Areas.
- With respect to all goods not specified in Lists
A1 and A2, and with respect to quantities exceeding the Quantities,
Israel and the Palestinian Authority will employ for all imports the same
system of importation, as stipulated in para 10 below, including inter
alia standards, licensing, country of origin, valuation for customs
purposes etc.
- Each side will notify the other side immediately
of changes made in rates and in other matters of import policy,
regulations and procedures, determined by it within its respective powers
and responsibilities as detailed in this Article. With regard to changes
which do not require immediate application upon decision, there will be a
process of advance notifications and mutual consultations which will take
into consideration all aspects and economic implications.
- The Palestinian Authority will levy VAT at one
rate on both locally produced goods and services and on imports by the
Palestinians (whether covered by the three Lists mentioned above or not),
and may fix it at the level of 15% to 16%.
- Goods imported from Jordan, Egypt and other Arab
countries according to para 2(a)(1) above (List Al) will comply with rules
of origin agreed upon by a joint sub-committee within three months of the
date of the signing of the Agreement. Pending an agreement, goods will be
considered to have been "locally produced" in any of those
countries if they conform with all the following:
-
i.
They have been wholly grown, produced, or
manufactured in that country, or have been substantially transformed there into
new or different goods, having a new name, character, or use, distinct from the
goods or materials from which they were so transformed;
ii.
They have been imported directly from the said
country;
iii.
The value or the costs of the materials produced in
that country, plus the direct processing costs in it, do not fall short of 30
percent of the export value of the goods. This rate may be reviewed by the
joint committee mentioned in para 16 a year after the signing of the Agreement.
iv.
The goods are accompanied by an internationally
recognized certificate of origin;
v.
No goods will be deemed as substantially new or
different goods, and no material will be eligible for inclusion as domestic
content, by virtue of having merely undergone simple combining or packaging, or
dilution with water or other substances, which do not materially alter the
characteristics of the said goods.
- Each side will issue import licences to its own
importers, subject to the principles of this Article and will be
responsible for the implementation of the licensing requirements and
procedures prevailing at the time of the issuance of the licenses. Mutual
arrangements will be made for the exchange of information relevant to
licensing matters.
- Except for the goods on Lists Al and A2 and their
Quantities - in which the Palestinian Authority has all powers and
responsibilities, both sides will maintain the same import policy (except
for rates of import taxes and other charges for goods in List B) and
regulations including classification, valuation and other customs
procedures, which are based on the principles governing international
codes, and the same policies of import licensing and of standards for
imported goods, all as applied by Israel with respect to its importation. Israel
may from time to time introduce changes in any of the above, provided that
changes in standard requirements will not constitute a non-tariff-barrier
and will be based on considerations of health, safety and the protection
of the environment in conformity with Article 2.2. of the Agreement on
Technical Barriers to trade of the Final Act of the Uruguay Round of Trade
Negotiations. Israel will give the Palestinian Authority prior notice of
any such changes, and the provisions of para 6 above will apply.
-
- The Palestinian Authority will determine its own
rates of customs and purchase tax on motor vehicles imported as such, to
be registered with the Palestinian Authority. The vehicle standards will
be those applied at the date of the signing of the Agreement as changed
according to para 10 above. However, the Palestinian Authority may
request, through the sub-committee on transportation, that in special
cases different standards will apply. Used motor vehicles will be
imported only if they are passenger cars or dual-purpose passenger cars
of a model of no more than three years prior to the importation year. The
sub-committee on transportation will determine the procedures for testing
and confirming that such used cars comply with the standards'
requirements for that model year. The issue of importing commercial
vehicles of a model prior to the importation year will be discussed in
the joint sub-committee mentioned in para 16 below.
- Each side may determine the terms and conditions
for the transfer of motor vehicles registered in the other side to the
ownership or use of a resident of its own side, including the payment of
the difference of import taxes, if any, and the vehicle having been
tested and found compatible with the standards required at that time by
its own registration administration, and may prohibit transfer of
vehicles.
-
- Jordanian standards, as specified in the
attached Appendix I, will be acceptable in importing petroleum products
into the Areas, once they meet the average of the standards existing in
the European Union countries, or the USA standards, which parameters have
been set at the values prescribed for the geographical conditions of
Israel, the Gaza Strip and the West Bank. Cases of petroleum products
which do not meet these specifications will be referred to a joint
experts' committee for a suitable solution. The committee may mutually
decide to accept different standards for the importation of gasoline
which meet the Jordanian standards even though, in some of their
parameters, they do not meet the European Community or USA
standards. The committee will give its decision within six months.
Pending the committee's decision, and for not longer than six months of
the signing of the Agreement, the Palestinian Authority may import to the
Areas, gasoline for the Palestinian market in the Areas, according to the
needs of this market, provided that:
0.
this gasoline is marked in a distinctive colour to
differentiate it from the gasoline marketed in Israel; and
1.
the Palestinian Authority will take all the
necessary steps to ensure that this gasoline is not marketed in Israel.
- The difference in the final price of gasoline to
consumers in Israel and to consumers in the Areas, will not
exceed 15% of the official final consumer price in Israel. The
Palestinian Authority has the right to determine the prices of petroleum
products, other than gasoline, for consumption in the Areas.
- If Egyptian gasoline standards will comply with
the conditions of sub-para (a) above, the importation of Egyptian
gasoline will also be allowed.
- In addition to the points of exit and entry
designated according to the Article regarding Passages in Annex I of the
Agreement for the purpose of export and import of goods, the Palestinian
side has the right to use all points of exit and entry in Israel
designated for that purpose. The import and export of the Palestinians
through the points of exit and entry in Israel will be given equal trade
and economic treatment.
- In the entry points of the Jordan
River and the Gaza Strip:
- Freight shipment
The Palestinian Authority will have full responsibility and powers in the
Palestinian customs points (freight-area) for the implementation of the
agreed upon customs and importation policy as specified in this protocol,
including the inspection and the collection of taxes and other charges,
when due.
Israeli customs officials will be present and will receive from the
Palestinian customs officials a copy of the necessary relevant documents
related to the specific shipment and will be entitled to ask for
inspection in their presence of both goods and tax collection.
The Palestinian customs officials will be responsible for the handling of
the customs procedure including the inspection and collection of due
taxes.
In case of disagreement on the clearance of any shipment according to
this Article, the shipment will be delayed for inspection for a maximum
period of 48 hours during which a joint sub-committee will resolve the
issue on the basis of the relevant provisions of this Article. The
shipment will be released only upon the sub-committee's decision.
- Passengers customs lane
Each side will
administer its own passengers customs procedures, including inspection and tax
collection. The inspection and collection of taxes due in the Palestinian
customs lane will be conducted by customs officials of the Palestinian
Authority.
Israeli customs officials will be invisibly present in the Palestinian customs
lane and entitled to request inspection of goods and collection of taxes when
due. In the case of suspicion, the inspection will be carried out by the
Palestinian official in a separate room in the presence of the Israeli customs
official.
- The clearance of revenues from all import taxes
and levies, between Israel and the Palestinian Authority,
will be based on the principle of the place of final destination. In
addition, these tax revenues will be allocated to the Palestinian
Authority even if the importation was carried out by Israeli importers
when the final destination explicitly stated in the import documentation
is a corporation registered by the Palestinian Authority and conducting
business activity in the Areas. This revenue clearance will be effected
within six working days from the day of collection of the said taxes and
levies.
- The Joint Economic Committee or a sub-committee established
by it for the purposes of this Article will deal inter alia with the
following:
1.
Palestinian proposals for addition of items to
Lists Al, A2 and B. Proposals for changes in rates and in import procedures,
classification, standards and licensing requirements for all other imports;
2.
Estimate the Palestinian market needs, as mentioned
in para 3 above;
3.
Receive notifications of changes and conduct
consultations, as mentioned in para 6 above;
4.
Agree upon the rules of origin as mentioned in para
8 above, and review their implementation;
5.
Coordinate the exchange of information relevant to
licensing matters as mentioned in para 9 above;
6.
Discuss and review any other matters concerning the
implementation of this Article and resolve problems arising therefrom.
- The Palestinian Authority will have the right to
exempt the Palestinian returnees who will be granted permanent residency
in the Areas from import taxes on personal belongings including house
appliances and passenger cars as long as they are for personal use.
- The Palestinian Authority will develop its system
for temporary entry of needed machines and vehicles used for the
Palestinian Authority and the Palestinian economic development plan.
Concerning other machines and equipment, not included in Lists Al, A2 and
B, the temporary entry will be part of the import policy as agreed in para
10 above, until the joint sub-committee mentioned in para 16 decides upon
a new system proposed by the Palestinian Authority. The temporary entry
will be coordinated through the joint sub-committee.
- Donations in kind to the Palestinian Authority
will be exempted from customs and other import taxes if destined and used
for defined development projects or non-commercial humanitarian purposes.
The Palestinian Authority will be responsible exclusively for planning and
management of the donors' assistance to the Palestinian people. The Joint
Economic Committee will discuss issues pertaining to the relations between
the provisions in this Article and the implementation of the principles in
the above paragraph.
Article IV
MONETARY AND FINANCIAL ISSUES
- The Palestinian Authority will establish a
Monetary Authority (PMA) in the Areas. The PMA will have the powers and
responsibilities for the regulation and implementation of the monetary
policies within the functions described in this Article.
- The PMA will act as the Palestinian Authority's
official economic and financial advisor.
- The PMA will act as the Palestinian Authority's
and the public sector entities' sole financial agent, locally and
internationally.
- The foreign currency reserves (including gold) of
the Palestinian Authority and all Palestinian public sector entities will
be deposited solely with the PMA and managed by it.
- The PMA will act as the lender of last resort for
the banking system in the Areas.
- The PMA will authorize foreign exchange dealers
in the Areas and will exercise control (regulation and supervision) over
foreign exchange transactions within the Areas and with the rest of the
world.
-
- The PMA will have a banking supervision
department that will be responsible for the proper functioning,
stability, solvency and liquidity of the banks operating in the Areas.
- The banking supervision department will
predicate its supervision on the international principles and standards
reflected in international conventions and especially on the principles
of the "Basle Committee".
- The supervision department will be charged with
the general supervision of every such bank, including:
- The regulation of all kinds of banking
activities, including their foreign activities;
- The licensing of banks formed locally and of
branches, subsidiaries, joint ventures and representative offices of
foreign banks and the approval of controlling shareholders;
- The supervision and inspection of banks.
The PMA will relicense each of the five branches of the
Israeli banks operating at present in the Gaza Strip and the West
Bank, as soon as its location or the authorities regarding it come under the
jurisdiction of the Palestinian Authority. These branches will be required to
comply with the general rules and regulations of the PMA concerning foreign
banks, based on the "Basle Concordat". Para I0 d, e, and f below will
apply to these branches.
- Any other Israeli bank wishing to open
a branch or a subsidiary in the Areas will apply for a license to the PMA
and will be treated equally to other foreign banks, provided that the same
will apply to the Palestinian banks wishing to open a branch or a
subsidiary in Israel.
- Granting of a license by both authorities will be
subject to the following arrangements based on the "Basle
Concordat" valid on the date of signing of the Agreement and to the
host authority's prevailing general rules and regulations concerning
opening of branches and subsidiaries of foreign banks.
In this para 10 "host authority" and "home authority"
apply only to the Bank of Israel (BOI) and the PMA.
- A bank wishing to open a branch or establish a
subsidiary will apply to the host authority, having first obtained the
approval of its home authority. The host authority will notify the home
authority of the terms of the license, and will give its final approval
unless the home authority objects.
- The home authority will be responsible for the
consolidated and comprehensive supervision of banks, inclusive of branches
and subsidiaries in the area under the jurisdiction of the host authority.
However, the distribution of supervision responsibilities between the home
and the host authorities concerning subsidiaries will be according to the
"Basle Concordat".
- The host authority will regularly examine the
activities of branches and subsidiaries in the area under its
jurisdiction. The home authority will have the right to conduct on site
examinations in the branches and subsidiaries in the host area. However,
the supervision responsibilities of the home authority concerning
subsidiaries will be according to the "Basle Concordat".
Accordingly, each authority will transfer to the other authority copies of
its examination reports and any information relevant to the solvency,
stability and soundness of the banks, their branches and subsidiaries.
- The BOI and the PMA will establish a mechanism
for cooperation and for the exchange of information on issues of mutual
interest.
- The New Israeli Sheqel (NIS) will be
one of the circulating currencies in the Areas and will legally serve
there as means of payment for all purposes including official
transactions. Any circulating currency, including the NIS,
will be accepted by the Palestinian Authority and by all its institutions,
local authorities and banks, when offered as a means of payment for any
transaction.
- Both sides will continue to discuss, through the
JEC, the possibility of introducing mutually agreed Palestinian currency
or temporary alternative currency arrangements for the Palestinian
Authority.
- The liquidity requirements on all
deposits in banks operating in the Areas will be determined and announced
by the PMA.
- Banks in the Areas will accept NIS
deposits. The liquidity requirements on the various kinds of NIS deposits
(or deposit linked to the NIS) in banks operating in the Areas will not be
less than 4% to 8%, according to the type of deposits. Changes of over 1%
in the liquidity requirements on NIS deposits (or deposits linked to the NIS)
in Israel will call for corresponding changes in the above mentioned
rates.
- The supervision and inspection of the
implementation of all liquidity requirements will be carried out by the
PMA.
- The reserves and the liquid assets required
according to this paragraph will be deposited at the PMA according to rules
and regulations determined by it. Penalties for non compliance with the
liquidity requirements will be determined by the PMA.
The PMA will regulate and administer a discount window system
and the supply of temporary finance for banks operating in the Areas.
- The PMA will establish or license a
clearing house in order to clear money orders between the banks operating
in the Areas, and with other clearing houses.
- The clearing of money orders and transactions
between banks operating in the Areas and banks operating in Israel
will be done between the Israeli and the Palestinian clearing houses on
same working day basis, according to agreed arrangements.
Both sides will allow correspondential relations between each
others' banks.
The PMA will have the right to convert at the BOI excess NIS
received from banks operating in the Areas into foreign currency, in which the
BOI trades in the domestic inter-bank market, up to the amounts determined per
period, according to the arrangements detailed in para 16 below.
- The excess amount of NIS,
due to balance of payments flows, that the PMA will have the right to
convert into foreign currency, will be equal to:
- Estimates of all Israeli "imports" of
goods and services from the Areas, valued at market prices (inclusive of
taxes), which were paid for in NIS, less:
- the taxes collected by the Palestinian
Authority on all Israeli "imports" from the Areas and rebated
to Israel in NIS, and
- the taxes collected by Israel on
all Israeli "imports" from the Areas and included in their
market value, and not rebated to the Palestinian Authority,
minus
- Estimates of all Israeli "exports" of
goods and services to the Areas, valued at market prices (inclusive of
taxes), which were paid for in NIS, less
- the taxes collected by Israel on
such "exports" and rebated to the Palestinian Authority, and
- the taxes collected by the Palestinian
Authority on such "exports" and included in their market
value, and not rebated to Israel;
plus
- The accumulated net amounts of foreign currency
converted previously into NIS by the PMA, as recorded in
the BOI Dealing Room.
- The said flows and amounts will be calculated as
of the date of the signing of the Agreement.
Notes to para 16:
- The estimates of the said "exports and
imports" of goods and services will include inter alia labor
services, NIS expenditure of tourists and Israelis in the
Areas and NIS expenditure of Palestinians of the Areas in Israel.
- Taxes and pension contributions on
"imports" of labor services, paid to "importing" side
and rebated to the "exporting" one, will not be included in the
estimates of the sums to be converted, as the "exports'"
earnings of labor services are recorded in the statistics inclusive of
them, although they do not accrue to the individuals supplying them.
The PMA and the BOI will meet annually to discuss and
determine the annual amount of convertible NIS during the
following calendar year and will meet semi-annually to adjust the said amount.
The amounts determined annually and adjusted semi-annually will be based on
data and estimates regarding the past and on forecasts for the wi following
period, according to the formula mentioned in para 16. The first meeting will
be as soon as possible within three months after the date of the signing of the
Agreement.
- The exchange of foreign currency for NIS
and vice-versa by the PMA will be carried out through the BOI Dealing
Room, at the market exchange rates.
- The BOI will not be obliged to convert in any
single month more than 1/5 of the semi-annual amount, as mentioned in para
17.
- There will be no ceiling on the annual foreign
currency conversions by the PMA into NIS. However, in order
to avoid undesirable fluctuations in the foreign exchange market, monthly
ceilings of such conversions will be agreed upon in the annual and
semi-annual meetings referred to in para 17.
- Banks in the Areas will convert NIS
into other circulating currencies and vice-versa.
- The Palestinian Authority will have the
authorities, powers and responsibilities regarding the regulation and supervision
of capital activities in the Areas, including the licensing of capital
market institutions, finance companies and investment funds.
Article V
DIRECT TAXATION
- Israel and the Palestinian
Authority will each determine and regulate independently its own tax
policy in matters of direct taxation, including income tax on individuals
and corporations, property taxes, municipal taxes and fees.
- Each tax administration will have the right to
levy the direct taxes generated by economic activities within its area.
- Each tax administration may impose additional
taxes on residents within its area on (individuals and corporations) who
conduct economic activities in the other side's area.
- Israel will transfer to the
Palestinian Authority a sum equal to:
- 75% of the income taxes collected from
Palestinians from the Gaza Strip and the Jericho Area employed in Israel.
- The full amount of income taxes collected from
Palestinians from the Gaza Strip and Jericho Area employed in the
settlements.
- The two sides will agree on a set of procedures
that will address all issues concerning double taxation.
Article VI
INDIRECT TAXES ON LOCAL PRODUCTION
- The Israel and the Palestinian tax
administrations will levy and collect VAT and purchase taxes on local
production, as well as any other indirect taxes, in their respective
areas.
- The purchase tax rates within the jurisdiction of
each tax administration will be identical as regards locally produced and
imported goods.
- The present Israeli VAT rate is 17%. The
Palestinian VAT rate will be 15% to 16%.
- The Palestinian Authority will decide on the
maximum annual turnover for businesses under its jurisdiction to be exempt
from VAT, within an upper limit of 12,000 US $.
- The VAT on purchases by businesses registered for
VAT purposes will accrue to the tax administration with which the
respective business is registered.
Businesses will register for VAT purposes with the tax administration of
the side of their residence, or on the side of their ongoing operation.
There will be clearance of VAT revenues between the Israeli and
Palestinian VAT administrations on the following conditions:
- The VAT clearance will apply to VAT on
transactions between businesses registered with the VAT administration of
the side in which they reside.
- The following procedures will apply to clearance
of VAT revenues accruing from transactions by businesses registered for
VAT purposes:
- To be acceptable for clearance purposes,
special invoices, clearly marked for this purpose, will be used for
transactions between businesses registered with the different sides.
- The invoices will be worded either in both
Hebrew and Arabic or in English and will be filled out in any of these
three languages, provided that the figures are written in
"Arabic" (not Hindi) numerals.
- For the purpose of tax rebates, such invoices
will be valid for six months from their date of issue.
- Representatives of the two sides will meet once
a month, on the 20th day of the month, to present each other with a list
of invoices submitted to them for tax rebate, for VAT clearance. This
list will include the following details regarding each invoice:
- The number of the registered business issuing
it;
- The name of the registered business issuing
it;
- The number of the invoice;
- The date of issue;
- The amount of the invoice;
- The name of the recipient of the invoice.
- The clearance claims will be settled within 6
days from the meeting, through a payment by the side with the net
balance of claims against it, to the other side.
- Each side will provide the other side, upon
demand, with invoices for verification purposes. Each tax administration
will be responsible for providing invoices for verification purposes for
6 months after receiving them.
- Each side will take the necessary measure to
verify the authenticity of the invoices presented to it for clearance by
the other side.
- Claims for VAT clearance which will not be
found valid will be deducted from the next clearance payment.
- Once an inter-connected computer system for tax
rebates to businesses and for VAT clearance between the two sides is
operational, it will replace the clearance procedures specified in
sub-paras (4) - (8).
- The two tax administrations will exchange lists
of the businesses registered with them and will provide each other with
the necessary documentation, if required, for the verification of
transactions.
- The two sides will establish a sub-committee
which will deal with the implementation arrangements regarding the
clearance of VAT revenues set above.
- VAT paid by not-for-profit Palestinian
organizations and institutions, registered by the Palestinian Authority,
on transactions in Israel, will accrue to the Palestinian
tax administration. The clearance system set out in para 5 will apply to
these organizations and institutions.
Article VII
LABOR
- Both sides will attempt to maintain the normality
of movement of labor between them, subject to each side's right to
determine from time to time the extent and conditions of the labor
movement into its area. If the normal movement is suspended temporarily by
either side, it will give the other side immediate notification, and the
other side may request that the matter be discussed in the Joint Economic
Committee.
The placement and employment of workers from one side in the area of the
other side will be through the employment service of the other side and in
accordance with the other sides' legislation. The Palestinian side has the
right to regulate the employment of Palestinian labor in Israel
through the Palestinian employment service, and the Israeli Employment
Service will cooperate and coordinate in this regard.
-
- Palestinians employed in Israel
will be insured in the Israeli social insurance system according to the
National Insurance Law for employment injuries that occur in Israel,
bankruptcy of employers and maternity leave allowance.
- The National Insurance fees deducted from the
wages for maternity insurance will be reduced according to the reduced
scope of maternity insurance, and the equalization deductions transferred
to the Palestinian Authority, if levied, will be increased accordingly.
- Implementation procedures relating thereto will
be agreed upon between the Israeli National Insurance Institute and the
Palestinian Authority or the appropriate Palestinian social insurance
institution.
-
- Israel will transfer to the
Palestinian Authority, on a monthly basis, the equalization deductions as
defined by Israeli legislation, if imposed and to the extent levied by Israel.
The sums so transferred will be used for social benefits and health services,
decided upon by the Palestinian Authority, for Palestinians employed in Israel
and for their families.
The equalization deductions to be so transferred will be those collected
after the date of the signing of the Agreement from wages of Palestinians
employed in Israel and from their employers.
These sums will not include
- Payments for health services in places of
employment.
- 2/3 of the actual administrative costs in
handling the matters related to the Palestinians employed in Israel
by the Payments Section of the Israeli Employment Service.
- Israel will transfer, on a monthly basis, to a
relevant pension insurance institution to be established by the
Palestinian Authority, pension insurance deductions collected after the
establishment of the above institution and the completion of the documents
mentioned in para 6.
These deductions will be collected from wages of Palestinians employed in Israel
and their employers, according to the relevant rates set out in the
applicable Israeli collective agreements. 2/3 of the actual administrative
costs in handling these deductions by the Israeli Employment Service will
be deducted from the sums transferred. The sums so transferred will be
used for providing pension insurance for these workers. Israel will continue
to be liable for pension rights of the Palestinian employees in Israel, to
the extent accumulated by Israel before the entry into force of this para
4.
- Upon the receipt of the deductions, the
Palestinian Authority and its relevant social institutions will assume
full responsibility in accordance with the Palestinian legislation and
arrangements, for pension rights and other social benefits of Palestinians
employed in Israel, that accrue from the transferred deductions related to
these rights and benefits. Consequently, Israel and its
relevant social institutions and the Israeli employers will be released
from, and will not be held liable for any obligations and responsibilities
concerning personal claims, rights and benefits arising from these
transferred deductions, or from the provisions of paras 2-4 above.
- Prior to the said transfers, the Palestinian
Authority or its relevant institutions, as the case may be, will provide
Israel with the documents required to give legal effect to their aforesaid
obligations, including mutually agreed implementation procedures of the
principles agreed upon in paras 3-5 above.
- The above arrangements concerning equalization
deductions and/or pension deductions may be reviewed and changed by Israel
if an authorized court in Israel will determine that the deductions or any
part thereof must be paid to individuals, or used for individual social
benefits or insurance in Israel, or that it is otherwise unlawful. In such
a case the liability of the Palestinian side will not exceed the actual
transferred deductions related to the case.
- Israel will respect any agreement
reached between the Palestinian Authority, or an organization or
trade-union representing the Palestinians employed in Israel, and a
representative organization of employees or employers in Israel,
concerning contributions to such organization according to any collective
agreement.
-
- The Palestinian Authority may integrate the
existing health insurance scheme for Palestinians employed in Israel
and their families in its health insurance services. As long as this
scheme continues, whether integrated or separately, Israel will deduct
from their wages the health insurance fees ("health stamp") and
will transfer them to the Palestinian Authority for this purpose.
- The Palestinian Authority may integrate the
existing health insurance scheme for Palestinians who were employed in Israel
and are receiving pension payments through the Israeli Employment
Service, in its health insurance services. As long as this scheme continues,
whether integrated or separately, Israel will deduct the necessary sum of
health insurance fees ("health stamp") from the equalization
payments and will transfer them to the Palestinian Authority for this
purpose.
- The JEC will meet upon the request of either side
and review the implementation of this Article and other issues concerning
labor, social insurance and social rights.
- Other deductions not mentioned above, if any,
will be jointly reviewed by the JEC. Any agreement between the two sides
concerning these deductions will be in addition to the above provisions.
- Palestinians employed in Israel
will have the right to bring disputes arising out of employee - employer
relationships and other issues before the Israeli Labor Courts, within
these courts' jurisdiction.
- This Article governs the future labor relations
between the two sides and will not impair any labor rights prior to the
date of signing of the Agreement.
Article VIII
AGRICULTURE
- There will be free movement of agricultural
produce, free of customs and import taxes, between the two sides, subject
to the following exceptions and arrangements.
- The official veterinary and plant protection
services of each side will be responsible, within the limits of their
respective jurisdiction, for controlling animal health, animal products
and biological products, and plants and parts thereof, as well as their
importation and exportation.
- The relations between the official veterinary and
plant protection services of both sides will be based on mutuality in
accordance with the following principles, which will be applied in all the
areas under their respective jurisdiction:
- Israel and the Palestinian
Authority will do their utmost to preserve and improve the veterinary
standards.
- Israel and the Palestinian
Authority will take all measures to reach equivalent and compatible
standards regarding animal disease control, including mass vaccination of
animals and avians, quarantines, "stamping out" measures and
residue control standards.
- Mutual arrangements will be made to prevent the
introduction and spread of plant pests and diseases, for their
eradication and concerning residue control standards in plant products.
- The official veterinary and plant protection
services of Israel and the Palestinian Authority will
coordinate and regularly exchange information regarding animal diseases,
as well as plant pests and diseases, and will establish a mechanism for
immediate notification of the outbreak of such diseases.
- Trade between the two sides in animals, animal products
and biological products will be in keeping with the principles and
definitions set out in the current edition of the OIE National Animal
Health Code as updated from time to time (hereinafter - I.A.H.C.).
- Transit of livestock, animal products and biological
products from one side through the area under the jurisdiction of the
other side, should be conducted in a manner aimed at the prevention of
diseases spreading to or from the consignment during its movement. For
such a transit to be permitted, it is a prerequisite that the veterinary
conditions agreed upon by both sides will be met in regard to importation
of animals, their products and biological products from external markets.
Therefore the parties agree to the following arrangements.
- The official veterinary services of each side
have the authority to issue veterinary import permits for import of
animals, animal products and biological products to the areas under its
jurisdiction. In order to prevent the introduction of animal diseases from
third parties, the following procedures will be adopted:
- The import permits will strictly follow the
professional veterinary conditions for similar imports to Israel
as prevailing at the time of their issuance. The permits will specify the
country of origin and the required conditions to be included in the
official veterinary certificates which should be issued by the veterinary
authorities in the countries of origin and which should accompany each
consignment.
Each side may propose a change in these conditions. The change will come
into force 10 days after notice to the other side, unless the other side
requested that the matter be brought before the Veterinary Sub-Committee
specified in para 14 (hereinafter - VSC). If it is more stringent than
the prevailing conditions - it will come into force 20 days after the
request, unless both sides decide otherwise through the VSC, and if more
lenient - it will come into force only if agreed upon by both sides
through the VSC. However, if the change is urgent and needed for the
protection of animal and public health, it will come into force
immediately after notice by the other side and will remain in force
unless and until both sides agree otherwise through the VSC.
- The official veterinary certificates will
include the provisions regarding OIE Lists A & B Diseases as
specified in the I.A.H.C. When the I.A.H.C. allows alternative
requirements regarding the same disease, the most stringent one will be
adopted unless otherwise agreed upon by the VSC.
- When infectious diseases which are not included
in Lists A & B of the I.A.H.C. exist or are suspected, on scientific
grounds, to exist in the exporting country, the necessary veterinary
import conditions that will be required and included in the official
veterinary certificates, will be discussed in the VSC, and in the case of
different professional opinions, the most stringent ones will be adopted.
- The import of live vaccines will be permitted
only if so decided by the VSC.
- Both sides will exchange, through the VSC,
information pertaining to import licensing, including the evaluation of
the disease situation and zoosanitary capability of exporting countries,
which will be based upon official information as well as upon other
available data.
- Consignments which do not conform with the above
mentioned requirements will not be permitted to enter the areas under the
jurisdiction of either side.
- Transportation of livestock and poultry and of
animal products and biological products between areas under the
jurisdiction of one side through areas under the jurisdiction of the other
side, will be subject to the following technical rules:
- The transportation will be by vehicles which
will be sealed with a seal of the official veterinary services of the
place of origin and marked with a visible sign "Animal
Transportation" or "Products of Animal Origin" in Arabic
and Hebrew, in coloured and clearly visible letters on white background;
- Each consignment will be accompanied by a
veterinary certificate issued by the official veterinary services of the
place of origin, certifying that the animals or their products were
examined and are free of infectious diseases and originate from a place
which is not under quarantine or under animal movement restrictions.
- Transportation of livestock and poultry, animal
products and biological products destined for Israel from
the Areas and vice versa will be subject to veterinary permits issued by
the official veterinary services of the recipient side, in keeping with
the OIE standards used in international traffic in this field. Each such
consignment will be transported by a suitable and marked vehicle,
accompanied by a veterinary certificate in the form agreed upon between
the official veterinary services of both sides. Such certificates will be
issued only if permits of the recipient side are presented.
- In order to prevent the introduction of plant
pests and diseases to the region, the following procedures will be
adopted:
- The transportation between the Areas and Israel,
of plants and parts thereof (including fruits and vegetables), the
control of pesticide residues in them and the transportation of plant
propagation material and of animal feed, may be inspected without delay
or damage by the plant protection services of the recipient side.
- The transportation between the Areas through Israel
of plants and parts thereof (including fruits and vegetables) as well as
of pesticides, may be required to pass a phytosanitary inspection without
delay or damage.
- The official Palestinian plant protection
services have the authority to issue permits for the import of plants and
parts thereof as well as of pesticides from external markets. The permits
will be based on the prevailing standards and requirements.
The permits will specify the required conditions to be included in the
official Phytosanitary Certificates (hence P.C.) based upon the standards
and the requirements of the International Plant Protection Convention
(I.P.P.C.)and those of the European and Mediterranean Plant Protection
Organization (E.P.P.O.) which should accompany each consignment. The
P.C.'s will be issued by the plant protection services in the countries
of origin. Dubious or controversial cases will be brought before the
sub-committee on plant protection.
- The agricultural produce of both sides will have
free and unrestricted access to each others' markets, with the temporary
exception of sales from one side to the other side of the following items
only: poultry, eggs, potatoes, cucumbers, tomatoes and melons. The
temporary restrictions on these items will be gradually removed on an
increasing scale until they are finally eliminated by 1998, as listed
below:
Year
|
Poultry
|
Eggs
|
Potatoes
|
Cucumbers
|
Tomatoes
|
Melons
|
|
(In
tons)
|
(In
millions)
|
(In
tons)
|
(In
tons)
|
(In
tons)
|
(In tons)
|
1994
|
5,000
|
30
|
10,000
|
10,000
|
13,000
|
10,000
|
1995
|
6,000
|
40
|
13,000
|
13,000
|
16,000
|
13,000
|
1996
|
7,000
|
50
|
15,000
|
15,000
|
19,000
|
15,000
|
1997
|
8,000
|
60
|
17,000
|
17,000
|
22,000
|
17,000
|
1998
|
unlimited
|
unlimited
|
unlimited
|
unlimited
|
unlimited
|
unlimited
|
- ----------------------------------------------------------------------------------------------
- Note: The above figures refer to the combined
quantities marketed from the West Bank and Gaza Strip to Israel
and vice-versa. The Palestinian Authority will notify Israel the
apportioning of these quantities between these areas concerning the
quantities pertaining to the Palestinian produce.
- The Palestinians will have the right to export
their agricultural produce to external markets without restrictions, on
the basis of certificates of origin issued by the Palestinian Authority.
- Without prejudice to obligations arising out of
existing international agreements, the two sides will refrain from
importing agricultural products from third parties which may adversely
affect the interests of each other's farmers.
- Each side will take the necessary measures in the
area under its jurisdiction to prevent damage which may be caused by its
agriculture to the environment of the other side.
- The two sides will establish sub-committees of
their respective official veterinary and plant protection services, which
will update the information and review issues, policies and procedures in
these fields. Any changes in the provisions of this Article will be agreed
upon by both sides.
- The two sides will establish a sub-committee of
experts in the dairy sector in order to exchange information, discuss and
coordinate their production in this sector so as to protect the interests
of both sides. In principle, each side will produce according to its
domestic consumption.
Article IX
INDUSTRY
- There will be free movement of industrial goods
free of any restrictions including customs and import taxes between the
two sides, subject to each side's legislation.
-
- The Palestinian side has the right to employ
various methods in encouraging and promoting the development of the
Palestinian industry by way of providing grants, loans, research and
development assistance and direct-tax benefits. The Palestinian side has
also the right to employ other methods of encouraging industry resorted to
in Israel.
- Both sides will exchange information about the
methods employed by them in the encouragement of their respective
industries.
- Indirect tax rebates or benefits and other
subsidies to sales shall not be allowed in trade between the two sides.
- Each side will do its best to avoid damage to the
industry of the other side and will take into consideration the concerns
of the other side in its industrial policy.
- Both sides will cooperate in the prevention of
deceptive practices, trade in goods which may endanger health, safety and
the environment and in goods of expired validity.
- Each side will take the necessary measures in the
area under its jurisdiction to prevent damage which may be caused by its
industry to the environment of the other side.
- The Palestinians will have the right to export
their industrial produce to external markets without restrictions, on the
basis of certificates of origin issued by the Palestinian Authority.
- The JEC will meet and review issues pertaining to
this Article.
Article X
TOURISM
- The Palestinian Authority will establish a
Palestinian Tourism Authority which will exercise, inter alia, the
following powers in the Areas.
- Regulating, licensing, classifying and
supervising tourist services, sites and industries.
- Promoting foreign and domestic tourism and
developing the Palestinian tourist resources and sites.
- Supervising the marketing, promotion and
information activities related to foreign and domestic tourism.
- Each side shall, under its respective
jurisdiction, protect, guard and ensure the maintenance and good upkeep of
historical, archaeological, cultural and religious sites and all other
tourist sites, to fit their status as well as their purpose as a
destination for visitors.
- Each side will determine reasonable visiting
hours and days for all tourist sites in order to facilitate visits at a
wide variety of days and hours, taking into consideration religious and
national holidays. Each side shall publicize such opening times.
Meaningful changes in the opening times will take into consideration
tourist programs already committed to.
- Tourist buses or any other form of tourist
transport authorized by either side, and operated by companies registered
and licensed by it, will be allowed to enter and proceed on their tour
within the area under the jurisdiction of the other side, provided that
such buses or other vehicles conform with the EEC technical specifications
[I. currently adopted.] All such vehicles will be clearly
marked as tourist vehicles.
- Each side will protect the environment and the
ecology around the tourist sites under its jurisdiction. In view of the
importance of beaches and maritime activities for tourism, each side will
do its best efforts to ensure that development and construction on the
Mediterranean coast, and especially at ports (such as Ashqelon or Gaza),
will be planned and carried out in a manner that will not adversely affect
the ecology, environment or the functions of the coastline and beaches of
the other side.
- Tourism companies and agencies licensed by either
side shall enjoy equal access to tourism - related facilities and
amenities in border points of exit and entry according to the regulations
of the authority operating them.
-
- Each side will license, according to its own
rules and regulations, travel agents, tour companies, tour guides and
other tourism businesses (hereinafter - tourism entities) within its
jurisdiction.
- Tourism entities authorized by either side, will
be allowed to conduct tours that include the area under the jurisdiction
of the other side, provided that their authorization as well as their
operation will be in accordance with rules, professional requirements and
standards agreed upon by both sides in the sub-committee mentioned in
para 9.
Pending that agreement, existing tourism entities in the Areas which are
currently allowed to conduct tours that include Israel, will be allowed
to continue to do so, and Israeli authorized tourism entities will
continue to be allowed to conduct tours that include the Areas.
In addition, any tourism entity of one side that the tourism authorities
of the other side will certify as fulfilling all its rules, professional
requirements and standards, will be allowed to conduct tours that include
that other side.
- Each side will make its own arrangement for
compensation of tourists for bodily injury and property damages caused by
political violence in the areas under its respective jurisdiction.
- The JEC or a tourism sub-committee established by
it shall meet upon the request of either side in order to discuss the
implementation of the provisions of this Article and resolve problems that
may arise. The sub-committee will also discuss and consider tourist issues
of benefit to both sides, and will promote educational programs for
tourism entities of both sides in order to further their professional
standards and their ethics. Complaints of one side against the behaviour
of tourism entities of the other side will be channelled through the
committee.
Note: It is agreed that
the final wording in the last sentence in para 4 will be adopted according to
the final wording in the relevant provisions of the Agreement.
Article XI
INSURANCE ISSUES
- The authorities, powers and responsibilities in
the insurance sphere in the Areas, including inter alia the licensing of
insurers, insurance agents and the supervision of their activities, will
be transferred to the Palestinian Authority.
-
- The Palestinian Authority will maintain a
compulsory absolute liability system for road accident victims with a
ceiling on the amount of compensation based upon the following
principles:
- Absolute liability for death or bodily injury
to road accident victims, it being immaterial whether or not there was
fault on the part of the driver and whether or not there was fault or
contributory fault on the part of others, each driver being responsible
for persons travelling in his vehicle and for pedestrians hit by his
vehicle.
- Compulsory insurance for all motor vehicles,
covering death or bodily injury to all road accident victims, including
drivers.
- No cause of action in tort for death or bodily
injury resulting from road accidents.
- The maintenance of a statutory fund
(hereinafter - the Fund) for compensation of road accident victims who
are unable to claim compensation from an insurer for the following
reasons:
- the driver liable for compensation is unknown;
- the driver is not insured or his insurance
does not cover the liability involved; or
- the insurer is unable to meet his liabilities.
- Terms in this Article will have the same meaning
as in the legislation prevailing at the date of signing of the Agreement
concerning compulsory motor vehicle insurance and compensation of road
accident victims.
- Any change by either side in the rules and
regulations regarding the implementation of the above mentioned
principles will require prior notice to the other side. A change which
might substantially affect the other side will require prior notice of
at least three months.
-
- Upon the signing of the Agreement the
Palestinian Authority will establish a Fund for the Areas (hereinafter -
the Palestinian Fund) for the purposes detailed in para 2(a)(4) above and
for the purposes detailed below. The Palestinian Fund will assume the
responsibilities of the statutory Road Accident Victims Compensation Fund
in the West Bank and the Gaza Strip (hereinafter - the
Existing Fund) regarding the Areas, according to the prevailing law at
that time. Accordingly, the Existing Fund will cease to be responsible
for any liability regarding accidents occurring in the Areas from the
date of signing of the Agreement.
- The Existing Fund will transfer to the
Palestinian Fund, after the assumption of the above mentioned
responsibilities by it, the premiums paid to the Existing Fund by the
insurers for vehicles registered in the Areas, pro-rata to the unexpired
period of each insurance policy.
-
- Compulsory motor vehicle insurance policies
issued by insurers licensed by either side will be valid in the
territories of both sides. Accordingly, a vehicle registered in one side
covered by such a policy will not be required to have an additional
insurance coverage for travel in the areas under the other side's
jurisdiction. These insurance policies will cover all the liabilities
according to the legislation of the place of the accident.
- In order to cover part of the liabilities which
may incur due to road accidents in Israel by uninsured vehicles
registered in the Palestinian Authority, the Palestinian Fund will
transfer to the Israeli Fund, on a monthly basis, for each insured vehicle,
an amount equal to 30% of the amount paid to the Israeli Fund by an
insurer registered in Israel, for the sat-ne type of vehicle, for the
same period of insurance (which will not be less than 90 days).
- In cases where a victim of a road accident wishes
to claim compensation from an insurer registered by the other side or from
the Fund of the other side or in cases where a driver or an owner of a car
is sued by a victim, by an insurer or by the Fund of the other side, he
may nominate the Fund of his side as his proxy for this purpose. The Fund
so nominated may address any relevant party from the other side directly
or through the other sides' Fund.
- In the case of a road accident in which neither
the registration number of the vehicle nor the identity of the driver are
known, the Fund of the side which has jurisdiction over the place of the
accident will compensate the victim, according to its own legislation.
- The Fund of each side will be responsible towards
the victims of the other side for any liability of the insurers of its
side regarding the compulsory insurance and will guarantee their
liabilities.
- Each side will guarantee its Fund's liabilities
according to this Article.
- The two sides will negotiate within three months
from the date of the signing of the Agreement a cut-off agreement between
the Existing Fund and the Palestinian Fund concerning accidents which
occurred in the Areas prior to the date of the signing of the Agreement,
whether claims have been reported or not. The cut-off agreement will not
include compensation for Israeli victims involved in accidents which
occurred in the Areas prior to the date of the signing of the Agreement.
-
- The two sides will establish immediately upon
the signing of the Agreement, a sub-committee of experts (hereinafter -
the Sub-Committee) which will deal with issues regarding the
implementation of this Article, including:
- Procedures concerning the handling of claims of
victims of the one side from insurers or from the Fund of the other
side;
- Procedures concerning the transfer of the
amounts between the Funds of both sides as mentioned in para 4(b) above;
- The details of the cut-off agreement between
the Existing Fund and the Palestinian Fund, as set out in para 9 above;
- Any other relevant issue raised by either side.
- The Sub-Committee will act as a continuous
committee for issues regarding this Article.
- The two sides will exchange, through the
Sub-Committee, the relevant information regarding the implementation of
this Article, including police reports, medical information, relevant
statistics, premiums, etc. The two sides will provide each other with any
other assistance required in this regard.
- Each side may require the re-examination of the
arrangements set out in this Article a year after the date of the signing
of the Agreement.
- Insurers from both sides may apply for a license
to the relevant authorities of the other side, according to the rules and
regulations regarding foreign insurers in the latter side. The two sides
agree not to discriminate against such applicants.
Done
in Paris, this twenty ninth day
of April, 1994
For
the Government of Israel
Finance Minister Avraham Shohat
For
the PLO
Abu Ala
(Ahmed Korei)
SUPPLEMENT TO THE
PROTOCOL ON ECONOMIC RELATIONS
- The clearance of revenues from all import taxes
and levies and from excise on fuel products between Israel and the
Council, according to this Agreement, will come into full force on the
date of completion of the first phase of the redeployment of the Israeli
military forces prior to the elections, i.e., 22 days before the day of
elections (hereinafter "the said date"). However, in view of the
special needs of the Palestinian Authority and in order to assist it in
covering current expenses, Israel has agreed to transfer to
the Palestinian Authority:
- One month after the signing of this Agreement -
50% of the revenues collected during this month from import taxes on
goods, the final destination of which is the West Bank, and
from excise on petroleum purchased by the Palestinian side for the West
Bank.
- Two months after the signing of this Agreement -
50% of the revenues collected during the previous month from import taxes
and petroleum excise as aforesaid.
- On the said date - 100% of the revenues
collected during the period since the previous payment according to
subparagraph b. above, from import taxes and petroleum excise as
aforesaid.
- In addition, on the said date Israel
will transfer to the Palestinian Authority 15 million NIS as an advance
payment in respect of the remaining surplus of the Civil Administration’s
budget as mentioned in paragraph 2 of Article 39 (Treasury) of Annex III.
- Israel will transfer immediately
12 million NIS to cover the recurrent costs of the eight spheres
transferred to the Palestinian Authority starting from September 1, 1995.
- For the purposes of the implementation of the
Protocol on Economic Relations, Israel will deduct 3% from
each transfer to the Palestinian side of import taxes and other indirect
taxes, in order to cover Israel’s administrative costs in collecting these
taxes and in handling matters related to them.
- The two sides will continue discussion through
the Joint Economic Committee on the procedures for the set-off of
financial obligations between the two sides, including legal entities
under their control or management.
-
- Cigarettes, alcohol, iron and cement will be
added to list A2 attached to the Protocol on Economic Relations in
accordance with subparagraphs 2.a.(2) and 2.b of Article III of the
Protocol, in quantities according to the Palestinian market needs, taking
into account the quantities of these goods included in list A1.
However, with regard to
these goods, the Israeli rates of customs, purchase tax, levies, excises and
other charges, prevailing at the date of signing of the Agreement, as changed
from time to time, shall serve as the minimum basis for the Council.
- The quantities of electrical equipment in lists
A1 and A2 will be revised and increased by the JEC to cover all the needs
of the Palestinian market.
- Articles V (Direct Taxation) and VI (Indirect
Taxes on Local Production) of the Protocol on Economic Relations shall be
replaced by the Articles attached as Appendices 1 and 2 to this
Supplement.
APPENDIX 1
(Replacing
Article V of the Protocol on Economic Relations)
ARTICLE V
Direct
Taxation
- Israel and the Palestinian side
will each determine and regulate independently its own tax policy in
matters of direct taxation, including income tax on individuals and
corporations, property taxes, municipal taxes and fees.
- Each tax administration will have the right to
levy the direct taxes generated by economic activities within the area
under its tax responsibility.
- Each tax administration may impose additional
taxes on its residents (individuals and corporations) who conduct economic
activities in areas under the tax responsibility of the other side.
- Israel will transfer to the
Palestinian side a sum equal to:
- 75% of the income taxes collected from
Palestinians from the West Bank and the Gaza Strip employed
in Israel.
- The full amount of the income taxes collected
from Palestinians from the West Bank and the Gaza Strip
employed in the Settlements.
- When a Palestinian remits payment to an Israeli
the following rules regarding deduction at source shall apply:
- No tax shall be deducted at source on income
from the sales of goods from the areas under Israeli tax responsibility,
which are not supplied by means of a permanent establishment in the areas
under Palestinian tax responsibility. Where income from the sales of
goods is attributable to a permanent establishment in the areas under
Palestinian tax responsibility, tax may be deducted at source, but only
on such income as is attributable to such permanent establishment.
- No tax shall be deducted at source on income
derived by an Israeli from transportation activities, if the point of
departure or the point of final destination is in the areas under Israeli
tax responsibility.
- When an Israeli remits payment to a Palestinian
which is income accruing in or deriving in the West Bank and
the Gaza Strip, the following rules regarding deduction at source shall
apply:
- No tax shall be deducted at source on income
from the sales of goods from the areas under Palestinian tax
responsibility which are not supplied by means of a permanent
establishment in the areas under Israeli tax responsibility. Where income
from the sales of goods is attributable to a permanent establishment in
the areas under Israeli tax responsibility, tax may be deducted at
source, but only on such income as is attributable to such permanent
establishment.
- No tax shall be deducted at source on income
derived by a Palestinian from transportation activities, if the point of
departure or the point of final destination is in the areas under
Palestinian tax responsibility.
- Non-deduction at source in accordance with the
provisions of paragraphs 5 and 6 above, shall be carried out through the
use of certificates in the form set out in Schedule 1. Such certificates
shall be issued on special paper in order to assure that the certificates
are authentic. The certificates will be worded in both Hebrew and Arabic
and will be filled out in the language of the other side or in English,
and the figures will be written in "Arabic" (not Hindi)
numerals.
-
- In any case, where the appropriate certificate
referred to in paragraph 7 has not been presented to the payer prior to
the payment of income referred to in paragraphs 5 and 6 above, tax will
be deducted at source by the payer according to the applicable law.
- With regard to income not referred to in paragraphs
5 and 6 above, tax may be imposed by the tax administration responsible
for the areas in which the income was accrued or derived.
- Each side will grant its residents a tax relief
for income tax paid by them on income accrued in or derived in the areas
under the tax responsibility of the other side.
- Both sides agree that a special subcommittee will
be established to finalize the arrangements and procedures regarding
taxation issues (including issues concerning double taxation).
APPENDIX 2
(Replacing
Article VI of the Protocol on Economic Relations)
ARTICLE VI
Indirect
Taxes on Local Production
- The Israel and the Palestinian tax
administrations will levy and collect VAT and purchase taxes on local
production, as well as any other indirect taxes, in their respective
areas.
- The purchase tax rates within the jurisdiction of
each tax administration will be identical as regards locally produced and
imported goods.
- While the prevailing concepts and principles of
VAT will continue to be applied by both sides in a compatible way, the
Palestinian VAT rate shall not be lower than 2% below the Israeli VAT rate
(the present Israeli VAT rate is 17%).
- The Palestinian side will decide on the maximum
annual turnover for businesses under its jurisdiction to be exempt from
VAT, within an upper limit of 12,000 US $.
-
- Ongoing permanent businesses will register for
VAT purposes with the VAT administration of the side exercising
responsibility in the place in which they are situated.
- When subparagraph a. does not apply, dealers
will register for VAT purposes with the VAT administration of the side of
their residence, notwithstanding the place of their activity. A
corporation will register for VAT purposes according to the residency of
the individual holding the majority of its shares which grant rights to
distribution of profits.
- Special cases of dealers having ongoing
operations in the other side without having a permanent place of business
there, will be dealt with by the joint committee established according to
paragraph 11 below, upon a request of either side.
- Each side will provide the other side, upon
request, information concerning sales of specific dealers from one side
to specific dealers from the other side. Israel will
provide the Palestinian tax administration assistance in collecting
information concerning the activities in Israel of Palestinian dealers
registered for VAT purposes with the Palestinian VAT administration
having ongoing operations in Israel, and will enable Palestinian
inspectors to follow their activities in Israel, as necessary for tax
enforcement purposes and allowed by law.
- The VAT on purchases by dealers registered for
VAT purposes will accrue to the VAT administration with which the dealer
is registered.
- The principles set out in paragraphs 1-6 of this
Article shall also apply to wage- and-profit tax on financial
institutions.
- There will be clearance of VAT revenues between
the Israeli side and the Palestinian side according to the following
conditions:
- The VAT clearance will apply to VAT on
transactions between dealers registered with different VAT
administrations.
- The following procedures will apply to clearance
of VAT revenues accruing from transactions by dealers registered for VAT
purposes:
- For transactions between dealers registered
with the different VAT administrations special invoices, clearly marked
for this purpose, must be used, and they will be accepted for clearance
purposes.
- These invoices will be worded in both Hebrew
and Arabic and will be filled out in any of these two languages or in
English, provided that the figures are written in "Arabic"
(not Hindi) numerals and that the amounts filled out in the invoice are
stated also in NIS. The amount of VAT will be specified both numerically
and in words.
- For the purposes of tax rebates, such invoices
will be valid for six months from their date of issue.
- Representatives of the two sides will meet once
a month, on the twenty-fifth day of the month, to present each other
with a list of invoices submitted to them for tax rebate, for VAT
clearance. This list will include the following details regarding each
invoice:
- the number of the registered dealer issuing
it;
- the name of the registered dealer issuing it;
- the number of the invoice;
- the date of issue;
- the amount of the invoice - with a separate
reference to the amount of VAT; and
- the name and the registration number of the
recipient of the invoice.
- The clearance claims will be settled within six
days from the meeting, through a payment by the side with the net balance
of claims against it, to the other side.
- Each side will provide the other side, upon
request, with invoices for verification purposes. Each tax
administration will be responsible for providing invoices for
verification purposes for two years after receiving them.
- Each side will take the necessary measures to
verify the authenticity of the invoices presented to it for clearance by
the other side.
- Claims for VAT clearance which will not be
found valid will be deducted from the next clearance payment.
- Once an interconnected computer system for tax
rebates to dealers and for VAT clearance between the two sides is
operational, it will replace the clearance procedures specified in
subparagraph (4) above.
- The two tax administrations will exchange lists
of the dealers registered with them and will provide each other with the
necessary documentation, if requested, for the verification of
transactions.
- The joint subcommittee established under
paragraph 11 will deal with the implementation of the provisions of this
paragraph.
- VAT paid on transactions made with dealers
registered with the Israeli side by not-for-profit Palestinian
organizations and institutions, or by financial institutions, which are
registered with the Palestinian side, or by the Palestinian local
authorities, or by the Palestinian side itself, will be remitted to the
Palestinian side in accordance with the clearance system set out in
paragraph 8 above.
- VAT paid on transactions made with dealers
registered with the Palestinian side by not-for-profit Israeli
organizations and institutions, or by financial institutions, which are
registered with the Israeli side, or by the Israeli local authorities, or
by the Israeli side itself, will be remitted to the Israeli side in
accordance with the clearance system set out in paragraph 8 above.
- The two sides will establish a joint committee
composed of representatives of both VAT administrations. This committee
will deal with all issues requiring coordination and cooperation with
regard to this Article.
SCHEDULE 1
[Omitted]
THE ISRAELI-PALESTINIAN INTERIM AGREEMENT ON THE WEST
BANK AND THE GAZA STRIP
ANNEX VI
Protocol Concerning
Israeli-Palestinian Cooperation Programs
ARTICLE I
Objectives
- The two sides are determined to establish
dialogue and cooperation on the bases of equality, fairness and
reciprocity within the context of the interim period, and to act together
in order to ensure that peace, stability and cooperation between them are
reinforced and sustained.
In striving to live in peaceful coexistence, the two sides will seek to
design and implement various programs which will facilitate the efforts
leading to full reconciliation based on the agreed political process, and
make it possible for smooth implementation of a permanent settlement based
on Security Council Resolutions 242 and 338.
- To that end, the two sides agree to establish and
maintain between them an extensive program of cooperation in fields of
human activity including in economic, scientific, social and cultural
fields, involving officials, institutions, and the private sector.
- The two sides will act to meet common challenges
which require a coordinated overall approach and, taking into account
their respective distinguishing features, they will act with respect for
the values and human dignity of the other side.
- The two sides are committed to strengthening
regional cooperation which takes into account the interests of each side,
in particular within the framework of the multilateral Middle
East peace talks.
ARTICLE II
Scope
The scope of cooperation between the two sides, as detailed in this
Annex, will include, inter alia, the following main aspects:
- cooperation with regard to environmental
protection;
- economic cooperation; scientific and
technological cooperation;
- cultural and educational cooperation; and
- cooperation in enhancing the dialogue and
relations between the two peoples through a people-to-people program.
ARTICLE III
Standing
Cooperation Committee
- A Standing Cooperation Committee is hereby
established (hereinafter "the SCC").
-
- The SCC shall be composed of an equal number of
members from each side and may be assisted in its meetings by experts and
technicians as necessary.
- The SCC shall adopt its rules of procedure. It
shall meet once a month.
Meetings may be held more frequently at the request of either side.
- The SCC shall reach its decisions by agreement.
- The SCC may set up working groups or bodies for
the implementation of this Annex.
- The SCC shall deal with the matters covered in
this Annex. It shall consider and decide on the methods and modalities for
the implementation of the various fields of cooperation as detailed in
Article IX. It may decide to add new fields of cooperation.
ARTICLE IV
Principles
of Economic Cooperation
- The two sides recognize the importance of
economic growth, especially on the Palestinian side and cooperation based
on the principles of equity, fairness, and reciprocity as a key factor in
the context of building peace and reconciliation.
- To this end, the two sides shall promote economic
cooperation, including the promotion of joint ventures for their mutual
benefit, in accordance with the overall objectives and principles set out
in this Annex. This endeavor shall be pursued without derogating from the
provisions of Annex III of the Declaration of Principles, Annex V of this
Agreement (Protocol on Economic Matters), and any subsequent agreement or
understanding reached between them during the interim period.
- In implementing the various economic cooperation
programs, the two sides will ensure that aspects of environmental
protection including air, water, marine and land resources, and prevention
of environmental risks, hazards and nuisances will be taken into
consideration.
- Without derogating from the existing agreements
between them, economic cooperation between the two sides shall focus
principally on sectors producing balanced economic, social, and human
development and growth. The cooperation aims, among other things, at:
- developing the infrastructure and a strong base
for the Palestinian economy;
- strengthening the bases for independent and
institutional economic decision making processes within the Palestinian
side;
- supporting the establishment of the Palestinian
Standards and Specifications Institute, export institute, etc.;
- working together to promote social development
and foster the rise of Palestinian standards of living; and
- aspiring towards reducing the disparity in the
level of the respective economic development of the two sides.
- Economic cooperation between the two sides shall
include exchange of information and ideas on economic issues, matters, and
transactions involving the two sides.
- Economic cooperation between the two sides shall
take into account changes in economic policies in various economic
spheres.
ARTICLE V
Sectors
of Economic Cooperation
- Industrial Cooperation
The two sides shall
promote industrial cooperation, and, in particular:
- facilitate cooperation between their respective
economic institutions and business sectors;
- examine ways to facilitate the establishment of
joint ventures;
- promote cooperation between small and
medium-sized enterprises of both sides;
- seek ways to increase Palestinian industrial
output through, inter alia, the promotion of a program of industrial [I:
parks] [P: zones] in accordance with an agreed concept and in cooperation
with all relevant institutions; and
- dedicate special efforts to attract the
international business sector and in particular multinational firms.
- Agricultural Cooperation
The two sides recognize
the importance of promoting cooperation in the field of agriculture, and shall
in particular:
- promote cooperation between their respective
private farming sectors;
- facilitate and promote smooth trade between the
respective markets;
- examine ways to facilitate the establishment of
joint ventures;
- establish channels for the exchange of
information on farming methods, irrigation, water and soil treatment,
herbicides, pesticides, etc.;
- cooperate and coordinate in the field of plant
protection and veterinary diseases;
- promote joint efforts to combat desertification
and encourage the development of agricultural projects in arid and
semi-arid areas.
- Environment
- The two sides shall promote cooperation in
preventing the deterioration of the environment, controlling pollution
and ensuring the proper protection and rational use of natural resources
in their respective areas, with a view to ensuring environmentally
sustained development and promoting regional environment projects.
- Cooperation in the protection of the environment
will focus, inter alia on preparing proposals for projects, studies, and
recommendations on:
- development and implementation of appropriate
treatment of liquid, solid and hazardous wastes and the control,
storage, discharge, transportation and disposal of hazardous materials,
pollutants, and radioactive waste;
- prevention and control of marine pollution from
ships and from land-based sources;
- preventing and minimizing the harmful effects
of pollution on soil, water and air quality;
- use of appropriate tools of environmental
management and environmental monitoring methods, including the adoption
of and use of internationally accepted environmental principles and
standards of Environment Impact Assessment and environmental information
systems;
- development of programs of combating
desertification, and protection of nature and endangered species and the
preservation of forests and natural reserves; and
- promotion of environmental education and
awareness programs.
- Both sides shall cooperate in preventing the
transfer of internationally banned and restricted chemicals including,
pesticides, insecticides, and fertilizers between their respective areas.
- Both sides shall cooperate in setting an
emergency warning system to respond to events or accidents which may
generate environmental pollution, damage, or hazards.
- The Environmental Experts Committee established
under this Agreement will implement the environmental cooperation
proposed above in coordination with the SCC.
- Energy
The two sides shall
promote cooperation between them in order to:
- develop plans to promote the use of
environmentally clean alternative sources of energy such as solar and
wind energy;
- enhance cooperation in energy conservation;
- promote, within the framework of regional
cooperation, projects for their mutual benefit in the field of
electricity; and
- develop options for joint ventures which will
include the international business sector in the field of energy
production, management and supply.
- Transport
- The two sides shall promote cooperation in the
field of transport and related infrastructure, in order to accommodate
any increase in the flow of passengers and goods, and modernize the
transportation infrastructure through:
- promoting joint technological and research
programs; and
- assisting and facilitating the establishment of
a Palestinian Standards and Specifications Institute in this field based
on international standards.
- The two sides will work towards normal movement
of vehicles across the crossing points with Jordan and Egypt.
- Tourism
- In order to best utilize the unique advantages
provided to the tourism industry in conditions of stability, the two
sides shall examine ways to:
- increase the volume of incoming tourism;
- plan and develop the necessary infrastructure,
facilities and services in order to accommodate increased demand;
- encourage the involvement of major foreign,
regional, as well as multinational tourist conglomerates and
entrepreneurs;
- continue and expand the existing vocational
training programs, in the various tourist vocations; and
- encourage joint ventures in the tourism field
in all areas of mutual benefit including on the Dead Sea.
In this regard Palestinian private projects as well as joint ventures in
accordance with the DOP, will be located as agreed on the shore of the Dead
Sea.
- The two sides shall exchange information and
promote cooperation on planned tourism development projects and tourism
marketing projects, tourist exhibits, exhibitions, conventions and
publications.
- The two sides shall facilitate and encourage
smooth movement of tourists between their respective areas.
- The two sides shall also encourage the
development of cooperation programs between their competent organizations
in this fields.
ARTICLE VI
Scientific
and Technological Cooperation
The two sides shall promote cooperation in scientific research and
technological development, and shall devote special attention to the following:
- establishment of contacts between research and
scientific institutions of both sides;
- organization of joint scientific meetings
(seminars and workshops);
- joint research and development activities aimed
at encouraging scientific progress and the transfer of technology and
know-how;
- training activities and mobility programs for
researchers, scientists and specialists from both sides; and
- development of an environment conducive to
research, application of new technologies and adequate protection of
intellectual property rights for the results of such research.
ARTICLE VII
Cultural
and Educational Cooperation
- Cultural Cooperation
The two sides shall
promote cultural cooperation and encourage the development of cooperation
between their institutions or organizations in the fields of art, music,
theater, literature, literary translations, publishing, cinema and film-making.
- Media and Communication
The two sides shall
promote and encourage direct cooperation between news agencies, newspapers, and
radio and television stations. In addition, the two sides will cooperate with
third countries in order to promote the exposure of the benefits of the peace
process to the respective societies.
- Educational Cooperation
- The two sides shall promote cooperation by
encouraging and facilitating exchanges in the field of education and by
providing appropriate conditions for direct contacts between schools and
educational institutions of both sides.
- The two sides shall cooperate with the aim of
raising the level of general education and professional training of their
respective populations, taking into consideration priorities to be
determined by each side.
- The cooperation shall focus, in particular, on
the following areas:
- cooperation among educational/training
institutions;
- exchanges of information between universities;
- language training; and
- other ways of promoting better mutual
understanding of their respective cultures.
- Sports and Youth
- The two sides shall encourage cooperation in
sports and physical culture, especially through the exchange of sports
delegations and teams, as well as through the organizing of sports
meetings and games.
- The two sides shall encourage contacts and
exchanges between youth organizations and shall promote exchanges of high
school and university students.
ARTICLE VIII
The
People-To-People Program
3.
The Two sides shall cooperate in enhancing the
dialogue and relations between their peoples in accordance with the concepts
developed in cooperation with the Kingdom of Norway.
4.
The two sides shall cooperate in enhancing dialogue
and relations between their peoples, as well as in gaining a wider exposure of
the two publics to the peace process, its current situation and predicted
results.
5.
The two sides shall take steps to foster public
debate and involvement, to remove barriers to interaction, and to increase the
people to people exchange and interaction within all areas of cooperation
described in this Annex and in accordance with the overall objectives and
principles set out in this Annex.
ARTICLE IX
Drugs
6.
In addition to the cooperation provided for in
Article II of Annex IV of this Agreement concerning legal assistance in
criminal matters, the two sides shall cooperate with a view to, inter alia:
a.
improving the effectiveness of policies, including
information and public awareness, educational and sociological activities,
directed at countering the supply of, and illicit trafficking in, narcotic
drugs and psychotropic substances and reducing the abuse of these products;
b.
encouraging a joint approach to reducing demand;
and
c.
encouraging a joint approach to prevent the use of
the Two sides, financial systems to launder capital arising from criminal
activities in general and drug trafficking in particular.
7.
Cooperation shall take the form of, inter alia,
exchanges of information and, where appropriate, joint activities on
establishing social and health institutions and information systems, and
implementing projects in these spheres, including training and research
projects.
ARTICLE X
Methods
and Modalities of Cooperation
8.
The SCC shall determine methods and modalities for
the implementation of cooperation between the two sides.
9.
Cooperation shall be implemented, in particular,
by:
.
regular dialogue;
a.
regular exchange of information and ideas in every
sector of cooperation including meetings of officials and experts;
b.
transfer of advice, expertise and training;
c.
initiating and conducting joint activities such as
seminars and workshops; and
d.
technical, administrative and regulatory
assistance.
10. The
SCC, its subsidiary working groups and bodies or various official agencies that
may be asked to promote this cooperation, will develop joint action programs in
the various fields of cooperation within six months of the entry into force of
this Agreement.
11. Other
fields of cooperation may be agreed upon by the two sides.
ARTICLE XI
Miscellaneous
Nothing in this Annex
shall derogate from the provisions set out in any other part of this Agreement.
THE ISRAELI-PALESTINIAN INTERIM AGREEMENT ON THE WEST
BANK AND THE GAZA STRIP
ANNEX VII
Release of Palestinian
Prisoners and Detainees
- The release of detainees and prisoners, as agreed
upon in Article XVI of this Agreement will be carried out in three stages.
- The following categories of detainees and/or
prisoners will be included in the abovementioned releases:
- all female detainees and prisoners shall be released
in the first stage of release;
- persons who have served more than two thirds of
their sentence;
- detainees and/or prisoners charged with or
imprisoned for security offenses not involving fatality or serious
injury;
- detainees and/or prisoners charged with or
convicted of non-security criminal offenses; and
- citizens of Arab countries being held in Israel
pending implementation of orders for their deportation.
- Detainees and prisoners from among the categories
detailed in this paragraph, who meet the criteria set out in paragraph 2
above, are being considered by Israel to be eligible for
release:
- prisoners and/or detainees aged 50 years and
above;
- prisoners and/or detainees under 18 years of
age;
- prisoners who have been imprisoned for 10 years
or more; and
- sick and unhealthy prisoners and/or detainees.
- The third stage of release will take place during
the permanent status negotiations and will involve the categories set out
above, and may explore further categories.