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Peace Process
Reference
Documents
Agreed documents on movement and access from
and to Gaza
15-Nov-2005

Agreed documents
on movement and access from and to
Gaza

15 Nov
2005

On November 15, 2005, negotiators from Israel
and the Palestinian Authority achieved an
agreement on movement and access from and to
Gaza

The negotiations were facilitated by US
Secretary of State Condoleezza Rice, European
Union High Representative for the Common Foreign
and Security Policy Javier Solana and the
international community's envoy for the Israeli
disengagement from Gaza, James Wolfensohn.

The details of the agreement are contained in
two documents - Agreement on Movement and
Access, and Agreed Principles for Rafah
Crossing.

Agreement on Movement and
Access

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

Rafah

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

Crossing Points

The parties have agreed that:

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

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

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

To enhance operation, the parties agree
that:

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

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

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

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

Link between Gaza
and the West Bank

Israel will allow the passage of convoys to
facilitate the movements of goods and persons.
Specifically:

- Establish bus convoys by December 15.

- Establish truck convoys by January 15.

- Work out detailed implementation arrangements
in a bilateral committee of the GoI and PA with
participation as needed from the Quartet team and
the USSC.

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

Movement within the West
Bank

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

Gaza Seaport

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

Airport

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

Agreed Principles for
Rafah Crossing

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

General

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

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

Use of the Rafah crossing will be restricted to
Palestinian ID card holders and others by
exception in agreed categories with prior
notification to the GoI and approval of senior PA
leadership.

The PA will notify the GoI 48 hours in advance
of the crossing of a person in the excepted
categories-diplomats, foreign investors, foreign
representatives of recognized international
organizations and humanitarian cases.

The GoI will respond within 24 hours with any
objections and will include the reasons for the
objections;

The PA will notify the GoI of their decision
within 24 hours and will include the reasons for
their decision;

The 3rd party will ensure the proper procedures
are followed and will advise both sides of any
information in its possession pertaining to the
people applying to cross under these
exceptions.

These procedures will remain in place for a
period of 12 months, unless the 3rd party delivers
a negative evaluation of the PA running the Rafah
crossing. This evaluation will be done in close
coordination with both sides and will give due
consideration to the opinion of both sides.

Rafah will also be used for export of goods to
Egypt.

Objective criteria for the inspection of cars
will be established by consensus. The criteria are
as follows:

Search equipment will be installed, including

- Black lights

- Power tools and a compressor for the
tools

- Technology to be agreed, possibly including
sonic imagery, gamma detection (full vehicle or
hand held), and/or millimetre wave imagery

- Mirrors and bore scope equipment to search
hard to reach places

Personnel will be trained to search vehicles
and on the use of this equipment by the 3rd party
to international standards.

Cameras will be installed to monitor the search
process.

The 3rd party will evaluate the capacity of the
PA to inspect cars according to these criteria and
to international standards. Once the PA develops
the capacity to inspect cars to the satisfaction
of the 3rd party, cars will be allowed to pass
through Rafah. Until that time, cars will pass
through on an exceptional basis, subject to
specifications agreed in the security
protocol.

Rafah will be the only crossing point between
the Gaza Strip and Egypt (with the exception of
Kerem Shalom for the agreed period).

The PA will establish clear operating
procedures.

Until Rafah is operational, the PA will open
Rafah crossing on an ad hoc basis for religious
pilgrims, medical patients, and others, in
coordination with General Gilad's office on the
Israeli side.

Israel will provide the PA with all information
needed to update the Palestinian population
registry, including all information on Palestinian
ID card holders who are currently outside the
country.

A liaison office, led by the 3rd party, will
receive real-time video and data feed of the
activities at Rafah and will meet regularly to
review implementation of this agreement, resolve
any disputes arising from this agreement, and
perform other tasks specified in this
agreement.
Security

The PA will act to prevent the movement of
weapons and explosives at the Rafah crossing.

The PA will establish baggage limits for each
passenger as part of the procedures. Limits will
be the same as currently applied by the GoI; very
frequent travellers (suitcase policy) to be
agreed.

Travellers, including returning residents, may
use the crossing point to bring in personal
effects as defined in Rule 1(e) to Heading 7 of
the Annex to the prevailing Customs Tariff. Any
other personal belongings or other goods shall be
cleared at the Kerem Shalom crossing point.

The PA will provide the 3rd party a list of
names of the workers at Rafah crossing which will
be shared with the Israelis. The PA will take the
Israelis concerns into account.

Security services from Israel, PA, the U.S.,
and Egypt will continue to coordinate on security
issues and will participate in the security
working group.

On a case by case basis, the PA will consider
information on persons of concern provided by the
GoI. The PA will consult with the GoI and the
3rd party prior to the PA making a decision to
prohibit travel or not. During this consultation,
which will not take more than six hours, the
person in question will not be permitted to
cross.

Customs

GoI and PA will continue to apply the Paris Protocol of 29 April
1994.

Rafah will be operated according to
international standards and rules and the Paris
Protocol.

GoI and PA agree on widest possible
co-operation and information sharing.

GoI and PA will co-operate on training
issues.

GoI and PA customs will hold regular meetings
to which the GoE will be invited as
appropriate.

Kerem Shalom

PA customs officials will clear incoming cargo
at Kerem Shalom under the supervision of Israeli
customs agents.

Both sides will discuss operating procedures at
a later stage.

Operations at Kerem Shalom will provide
training and capacity building to PA customs
staff.

The 3rd party will review the PA's customs
capacity in 12 months and make a recommendation to
both sides for a joint decision regarding future
arrangements. In the event of a disagreement, the
U.S., in consultation with the GoI, the PA, and
the 3rd party, will resolve the issue
expeditiously.

Third party

The 3rd party will have the authority to ensure
that the PA complies with all applicable rules and
regulations concerning the Rafah crossing point
and the terms of this agreement. In case of
non-compliance the 3rd party has the authority to
order the re-examination and reassessment of any
passenger, luggage, vehicle or goods. While the
request is being processed, the person, luggage,
vehicle or cargo in question will not be allowed
to leave the premises of the Rafah crossing
point.

The 3rd party will assist the PA to build
capacity - training, equipment and technical
assistance - on border management and customs.

Details of the 3rd party's role are specified
in the attached memorandum of understanding.

The 3rd party will be the European
Union.

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See also

Agreement
concluded on EU role at Rafah
crossing

External links

EU Border Assistance Mission for
the Rafah Crossing Point (EUBAM
Rafah)

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