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Draft
Permanent Status Agreement
Preamble
The State
of Israel (hereinafter “Israel”) and the Palestine Liberation
Organization (hereinafter “PLO”), the representative of the
Palestinian people (hereinafter the “Parties”):
Reaffirming their determination to put an end to decades
of confrontation and conflict, and to live in peaceful
coexistence, mutual dignity and security based on a just,
lasting, and comprehensive peace and achieving historic
reconciliation;
Recognizing
that peace requires the transition from the logic of war
and confrontation to the logic of peace and cooperation, and
that acts and words characteristic of the state of war are
neither appropriate nor acceptable in the era of peace;
Affirming their deep belief that the logic of peace
requires compromise, and that the only viable solution is a
two-state solution based on UNSC Resolution 242 and 338;
Affirming
that this agreement marks the recognition of the
right of the Jewish people to statehood and the recognition of
the right of the Palestinian people to statehood, without
prejudice to the equal rights of the Parties' respective
citizens;
Recognizing that after years of living in mutual fear and
insecurity, both peoples need to enter an era of peace,
security and stability, entailing all necessary actions by the
parties to guarantee the realization of this era;
Recognizing each other’s right to peaceful and secure
existence within secure and recognized boundaries free from
threats or acts of force;
Determined
to establish relations based on cooperation and the
commitment to live side by side as good neighbors aiming both
separately and jointly to contribute to the well-being of their
peoples;
Reaffirming their obligation to conduct themselves in
conformity with the norms of international law and the Charter
of the United Nations;
Confirming
that this Agreement is concluded within the framework
of the Middle East peace process initiated in Madrid in October
1991, the Declaration of Principles of September 13, 1993, the
subsequent agreements including the Interim Agreement of
September 1995, the Wye River Memorandum of October 1998 and the
Sharm El-Sheikh Memorandum of September 4, 1999, and the
permanent status negotiations including the Camp David Summit of
July 2000, the Clinton Ideas of December 2000, and the Taba
Negotiations of January 2001;
Reiterating
their commitment to United Nations Security Council
Resolutions 242, 338 and 1397 and confirming their understanding
that this Agreement is based on, will lead to, and –by its
fulfillment-- will constitute the full implementation of these
resolutions and to the settlement of the Israeli-Palestinian
conflict in all its aspects;
Declaring that this Agreement constitutes the
realization of the permanent status peace component envisaged in
President Bush's speech of June 24, 2002 and in the Quartet
Roadmap process.
Declaring
that this Agreement marks the historic reconciliation
between the Palestinians and Israelis, and paves the way to
reconciliation between the Arab World and Israel and the
establishment of normal, peaceful relations between the Arab
states and Israel in accordance with the relevant clauses of the
Beirut Arab League Resolution of March 28, 2002; and
Resolved to pursue the goal of attaining a
comprehensive regional peace, thus contributing to stability,
security, development and prosperity throughout the region;
Have agreed
on the following
Article 1 –
Purpose of the Permanent Status Agreement
1.
The Permanent Status Agreement (hereinafter "this Agreement")
ends the era of conflict and ushers in a new era based on peace,
cooperation, and good neighborly relations between the Parties.
2.
The implementation of this Agreement will settle all the claims
of the Parties arising from events occurring prior to its
signature. No further claims related to events prior to this
Agreement may be raised by either Party.
Article 2 –
Relations between the Parties
1.
The state of Israel shall recognize the state of Palestine
(hereinafter “Palestine”) upon its establishment. The state of
Palestine shall immediately recognize the state of Israel.
2.
The state of Palestine shall be the successor to the PLO with
all its rights and obligations.
3.
Israel and Palestine shall immediately establish full diplomatic
and consular relations with each other and will exchange
resident Ambassadors, within one month of their mutual
recognition.
4.
The Parties recognize Palestine and Israel as the homelands of
their respective peoples. The Parties are committed not to
interfere in each other’s internal affairs.
5.
This Agreement supercedes all prior agreements between the
Parties.
6.
Without prejudice to the commitments undertaken by them in this
Agreement, relations between Israel and Palestine shall be based
upon the provisions of the Charter of the United Nations.
7.
With a view to the advancement of the relations between the two
States and peoples, Palestine and Israel shall cooperate in
areas of common interest. These shall include, but are not
limited to, dialogue between their legislatures and state
institutions, cooperation between their appropriate local
authorities, promotion of non-governmental civil society
cooperation, and joint programs and exchange in the areas of
culture, media, youth, science, education, environment, health,
agriculture, tourism, and crime prevention. The
Israeli-Palestinian Cooperation Committee will oversee this
cooperation in accordance with Article 8.
8.
The Parties shall cooperate in areas of joint economic interest,
to best realize the human potential of their respective peoples.
In this regard, they will work bilaterally, regionally, and with
the international community to maximize the benefit of peace to
the broadest cross-section of their respective populations.
Relevant standing bodies shall be established by the Parties to
this effect.
9.
The Parties shall establish robust modalities for security
cooperation, and engage in a comprehensive and uninterrupted
effort to end terrorism and violence directed against each
others persons, property, institutions or territory. This effort
shall continue at all times, and shall be insulated from any
possible crises and other aspects of the Parties' relations.
10.
Israel and Palestine shall work together and separately with
other parties in the region to enhance and promote regional
cooperation and coordination in spheres of common interest.
11.
The Parties shall establish a ministerial-level
Palestinian-Israeli High Steering Committee to guide, monitor,
and facilitate the process of implementation of this Agreement,
both bilaterally and in accordance with the mechanisms in
Article 3 hereunder.
12.
Article 3: Implementation and Verification Group
1.
Establishment and Composition
i. An Implementation and Verification Group (IVG)
shall hereby be established to facilitate, assist in, guarantee,
monitor, and resolve disputes relating to the implementation of
this Agreement.
ii. The IVG shall include the US, the Russian
Federation, the EU, the UN, and other parties, both regional and
international, to be agreed on by the Parties.
iii. The IVG shall work in coordination with the
Palestinian-Israeli High Steering Committee established in
Article 2/11 above and subsequent to that with the
Israeli-Palestinian Cooperation Committee (IPCC) established in
Article 8 hereunder.
iv.
The structure, procedures, and modalities of the IVG are set
forth below and detailed in Annex X.
2.
Structure
i. A senior political-level contact group (Contact
Group), composed of all the IVG members, shall be the highest
authority in the IVG.
ii. The Contact Group shall appoint, in consultation
with the Parties, a Special Representative who will be the
principal executive of the IVG on the ground. The Special
Representative shall manage the work of the IVG and maintain
constant contact with the Parties, the Palestinian-Israeli High
Steering Committee, and the Contact Group.
iii. The IVG permanent headquarters and secretariat
shall be based in an agreed upon location in Jerusalem.
iv.
The IVG shall establish its bodies referred to in this Agreement
and additional bodies as it deems necessary. These bodies shall
be an integral part of and under the authority of the IVG.
v.
The Multinational Force (MF) established under Article 5 shall
be an integral part of the IVG. The Special Representative
shall, subject to the approval of the Parties, appoint the
Commander of the MF who shall be responsible for the daily
command of the MF. Details relating to the Special
Representative and MF Force Commander are set forth in Annex X.
vi.
The IVG shall establish a dispute settlement mechanism, in
accordance with Article 16.
3.
Coordination with the Parties
A
Trilateral Committee composed of the Special Representative and
the Palestinian-Israeli High Steering Committee shall be
established and shall meet on at least a monthly basis to review
the implementation of this Agreement. The Trilateral Committee
will convene within 48 hours upon the request of any of the
three parties represented.
4.
Functions
In addition
to the functions specified elsewhere in this Agreement, the IVG
shall:
i. Take appropriate measures based on the reports it
receives from the MF,
ii. Assist the Parties in implementing the Agreement
and preempt and promptly mediate disputes on the ground.
5.
Termination
In
accordance with the progress in the implementation of this
Agreement, and with the fulfillment of the specific mandated
functions, the IVG shall terminate its activities in the said
spheres. The IVG shall continue to exist unless otherwise agreed
by the Parties.
Article 4 –
Territory
1.
The International Borders between the States of Palestine and
Israel
i. In accordance with UNSC Resolution 242 and 338, the
border between the states of Palestine and Israel shall be based
on the June 4th 1967 lines with reciprocal modifications on a
1:1 basis as set forth in attached Map 1.
ii. The Parties recognize the border, as set out in
attached Map 1, as the permanent, secure and recognized
international boundary between them.
2.
Sovereignty and Inviolability
i. The Parties recognize and respect each other’s
sovereignty, territorial integrity, and political independence,
as well as the inviolability of each others territory, including
territorial waters, and airspace. They shall respect this
inviolability in accordance with this Agreement, the UN Charter,
and other rules of international law.
ii. The Parties recognize each other's rights in their
exclusive economic zones in accordance with international law.
3.
Israeli Withdrawal
i.
Israel shall withdraw in accordance with Article 5.
ii. Palestine shall assume responsibility for the areas
from which Israel withdraws.
iii. The transfer of authority from Israel to Palestine
shall be in accordance with Annex X.
iv.
The IVG shall monitor, verify, and facilitate the implementation
of this Article.
4.
Demarcation
i.
A Joint Technical Border Commission (Commission) composed of the
two Parties shall be established to conduct the technical
demarcation of the border in accordance with this Article. The
procedures governing the work of this Commission are set forth
in Annex X.
ii. Any disagreement in the Commission shall be
referred to the IVG in accordance with Annex X
iii. The physical demarcation of the international
borders shall be completed by the Commission not later than nine
months from the date of the entry into force of this Agreement.
5.
Settlements
i.
The state of Israel shall be responsible for resettling the
Israelis residing in Palestinian sovereign territory outside
this territory.
ii. The resettlement shall be completed according to
the schedule stipulated in Article 5.
iii. Existing arrangements in the West Bank and Gaza
Strip regarding Israeli settlers and settlements, including
security, shall remain in force in each of the settlements until
the date prescribed in the timetable for the completion of the
evacuation of the relevant settlement.
iv.
Modalities for the assumption of authority over settlements by
Palestine are set forth in Annex X. The IVG shall resolve any
disputes that may arise during its implementation.
v.
Israel shall keep intact the immovable property, infrastructure
and facilities in Israeli settlements to be transferred to
Palestinian sovereignty. An agreed inventory shall be drawn up
by the Parties with the IVG in advance of the completion of the
evacuation and in accordance with Annex X.
vi.
The state of Palestine shall have exclusive title to all land
and any buildings, facilities, infrastructure or other property
remaining in any of the settlements on the date prescribed in
the timetable for the completion of the evacuation of this
settlement.
6.
Corridor
i. The states of Palestine and Israel shall establish
a corridor linking the West Bank and Gaza Strip. This corridor
shall:
a.
Be under Israeli sovereignty.
b.
Be permanently open.
c.
Be under Palestinian administration in accordance with Annex X
of this Agreement. Palestinian law shall apply to persons using
and procedures appertaining to the corridor.
d.
Not disrupt Israeli transportation and other infrastructural
networks, or endanger the environment, public safety or public
health. Where necessary, engineering solutions will be sought to
avoid such disruptions.
e.
Allow for the establishment of the necessary infrastructural
facilities linking the West Bank and the Gaza Strip.
Infrastructural facilities shall be understood to include, inter
alia, pipelines, electrical and communications cables, and
associated equipment as detailed in Annex X.
f.
Not be used in contravention of this Agreement.
ii. Defensive barriers shall be established along the
corridor and Palestinians shall not enter Israel from this
corridor, nor shall Israelis enter Palestine from the corridor.
iii. The Parties shall seek the assistance of the
international community in securing the financing for the
corridor.
iv.
The IVG shall guarantee the implementation of this Article in
accordance with Annex X.
v.
Any disputes arising between the Parties from the operation of
the corridor shall be resolved in accordance with Article 16.
vi.
The arrangements set forth in this clause may only be terminated
or revised by agreement of both Parties.
vii. Article 5 – Security
1.
General Security Provisions
i. The Parties acknowledge that mutual understanding
and co-operation in security-related matters will form a
significant part of their bilateral relations and will further
enhance regional security. Palestine and Israel shall base their
security relations on cooperation, mutual trust, good neighborly
relations, and the protection of their joint interests.
ii. Palestine and Israel each shall:
a.
Recognize and respect the other's right to live in peace within
secure and recognized boundaries free from the threat or acts of
war, terrorism and violence;
b.
refrain from the threat or use of force against the territorial
integrity or political independence of the other and shall
settle all disputes between them by peaceful means;
c.
refrain from joining, assisting, promoting or co-operating with
any coalition, organization or alliance of a military or
security character, the objectives or activities of which
include launching aggression or other acts of hostility against
the other;
d.
refrain from organizing, encouraging, or allowing the formation
of irregular forces or armed bands, including mercenaries and
militias within their respective territory and prevent their
establishment. In this respect, any existing irregular forces or
armed bands shall be disbanded and prevented from reforming at
any future date;
e.
refrain from organizing, assisting, allowing, or participating
in acts of violence in or against the other or acquiescing in
activities directed toward the commission of such acts.
iii. To further security cooperation, the Parties shall
establish a high level Joint Security Committee that shall meet
on at least a monthly basis. The Joint Security Committee shall
have a permanent joint office, and may establish such
sub-committees as it deems necessary, including sub-committees
to immediately resolve localized tensions.
2.
Regional Security
i. Israel and Palestine shall work together with their
neighbors and the international community to build a secure and
stable Middle East, free from weapons of mass destruction, both
conventional and non-conventional, in the context of a
comprehensive, lasting, and stable peace, characterized by
reconciliation, goodwill, and the renunciation of the use of
force.
ii. To this end, the Parties shall work together to
establish a regional security regime.
3.
Defense Characteristics of the Palestinian State
i. No armed forces, other than as specified in this
Agreement, will be deployed or stationed in Palestine.
ii. Palestine shall be a non-militarized state, with a
strong security force. Accordingly, the limitations on the
weapons that may be purchased, owned, or used by the Palestinian
Security Force (PSF) or manufactured in Palestine shall be
specified in Annex X. Any proposed changes to Annex X shall be
considered by a trilateral committee composed of the two Parties
and the MF. If no agreement is reached in the trilateral
committee, the IVG may make its own recommendations.
a.
No individuals or organizations in Palestine other than the PSF
and the organs of the IVG, including the MF, may purchase,
possess, carry or use weapons except as provided by law.
iii. The PSF shall:
a.
Maintain border control;
b.
Maintain law-and-order and perform police functions;
c.
Perform intelligence and security functions;
d.
Prevent terrorism;
e.
Conduct rescue and emergency missions; and
f.
Supplement essential community services when necessary.
iv.
The MF shall monitor and verify compliance with this clause.
4.
Terrorism
i. The Parties reject and condemn terrorism and
violence in all its forms and shall pursue public policies
accordingly. In addition, the parties shall refrain from actions
and policies that are liable to nurture extremism and create
conditions conducive to terrorism on either side.
ii. The Parties shall take joint and, in their
respective territories, unilateral comprehensive and continuous
efforts against all aspects of violence and terrorism. These
efforts shall include the prevention and preemption of such
acts, and the prosecution of their perpetrators.
iii. To that end, the Parties shall maintain ongoing
consultation, cooperation, and exchange of information between
their respective security forces.
iv.
A Trilateral Security Committee composed of the two Parties and
the United States shall be formed to ensure the implementation
of this Article. The Trilateral Security Committee shall develop
comprehensive policies and guidelines to fight terrorism and
violence.
5.
Incitement
i. Without prejudice to freedom of expression and
other internationally recognized human rights, Israel and
Palestine shall promulgate laws to prevent incitement to
irredentism, racism, terrorism and violence and vigorously
enforce them.
ii. The IVG shall assist the Parties in establishing
guidelines for the implementation of this clause, and shall
monitor the Parties’ adherence thereto.
6.
Multinational Force
i. A Multinational Force (MF) shall be established to
provide security guarantees to the Parties, act as a deterrent,
and oversee the implementation of the relevant provisions of
this Agreement.
ii. The composition, structure and size of the MF are
set forth in Annex X.
iii. To perform the functions specified in this
Agreement, the MF shall be deployed in the state of Palestine.
The MF shall enter into the appropriate Status of Forces
Agreement (SOFA) with the state of Palestine.
iv.
In accordance with this Agreement, and as detailed in Annex X,
the MF shall:
a.
In light of the non-militarized nature of the Palestinian state,
protect the territorial integrity of the state of Palestine.
b.
Serve as a deterrent against external attacks that could
threaten either of the Parties.
c.
Deploy observers to areas adjacent to the lines of the Israeli
withdrawal during the phases of this withdrawal, in accordance
with Annex X.
d.
Deploy observers to monitor the territorial and maritime borders
of the state of Palestine, as specified in clause 5/13.
e.
Perform the functions on the Palestinian international border
crossings specified in clause 5/12.
f.
Perform the functions relating to the early warning stations as
specified in clause 5/8.
g.
Perform the functions specified in clause 5/3.
h.
Perform the functions specified in clause 5/7.
i. Perform the functions specified in Article 10.
j.
Help in the enforcement of anti-terrorism measures.
k.
Help in the training of the PSF.
v.
In relation to the above, the MF shall report to and update the
IVG in accordance with Annex X.
vi.
The MF shall only be withdrawn or have its mandate changed by
agreement of the Parties.
7.
Evacuation
i. Israel shall withdraw all its military and security
personnel and equipment, including landmines, and all persons
employed to support them, and all military installations from
the territory of the state of Palestine, except as otherwise
agreed in Annex X, in stages.
ii. The staged withdrawals shall commence immediately
upon entry into force of this Agreement and shall be made in
accordance with the timetable and modalities set forth in Annex
X.
iii. The stages shall be designed subject to the
following principles:
a.
The need to create immediate clear contiguity and facilitate the
early implementation of Palestinian development plans.
b.
Israel’s capacity to relocate, house and absorb settlers. While
costs and inconveniences are inherent in such a process, these
shall not be unduly disruptive.
c.
The need to construct and operationalize the border between the
two states.
d.
The introduction and effective functioning of the MF, in
particular on the eastern border of the state of Palestine.
iv.
Accordingly, the withdrawal shall be implemented in the
following stages:
a.
The first stage shall include the areas of the state of
Palestine, as defined in Map X, and shall be completed within 9
months.
b.
The second and third stages shall include the remainder of the
territory of the state of Palestine and shall be completed
within 21 months of the end of the first stage.
v.
Israel shall complete its withdrawal from the territory of the
state of Palestine within 30 months of the entry into force of
this Agreement, and in accordance with this Agreement.
vi.
Israel will maintain a small military presence in the Jordan
Valley under the authority of the MF and subject to the MF SOFA
as detailed in Annex X for an additional 36 months. The
stipulated period may be reviewed by the Parties in the event of
relevant regional developments, and may be altered by the
Parties' consent.
vii. In accordance with Annex X, the MF shall monitor
and verify compliance with this clause.
8.
Early Warning Stations
i. Israel may maintain two EWS in the northern, and
central West Bank at the locations set forth in Annex X.
ii. The EWS shall be staffed by the minimal required
number of Israeli personnel and shall occupy the minimal amount
of land necessary for their operation as set forth in Annex X.
iii. Access to the EWS will be guaranteed and escorted
by the MF.
iv.
Internal security of the EWS shall be the responsibility of
Israel. The perimeter security of the EWS shall be the
responsibility of the MF.
v.
The MF and the PSF shall maintain a liaison presence in the EWS.
The MF shall monitor and verify that the EWS is being used for
purposes recognized by this Agreement as detailed in Annex X.
vi.
The arrangements set forth in this Article shall be subject to
review in ten years, with any changes to be mutually agreed.
Thereafter, there will be five-yearly reviews whereby the
arrangements set forth in this Article may be extended by mutual
consent.
vii. If at any point during the period specified above a
regional security regime is established, then the IVG may
request that the Parties review whether to continue or revise
operational uses for the EWS in light of these developments. Any
such change will require the mutual consent of the Parties.
9.
Airspace
i.
Civil Aviation
a.
The Parties recognize as applicable to each other the rights,
privileges and obligations provided for by the multilateral
aviation agreements to which they are both party, particularly
by the 1944 Convention on International Civil Aviation (The
Chicago Convention) and the 1944 International Air Services
Transit Agreement.
b.
In addition, the Parties shall, upon entry into force of this
Agreement, establish a trilateral committee composed of the two
Parties and the IVG to design the most efficient management
system for civil aviation, including those relevant aspects of
the air traffic control system. In the absence of consensus the
IVG may make its own recommendations.
ii. Training
a.
The Israeli Air Force shall be entitled to use the Palestinian
sovereign airspace for training purposes in accordance with
Annex X, which shall be based on rules pertaining to IAF use of
Israeli airspace.
b.
The IVG shall monitor and verify compliance with this clause.
Either Party may submit a complaint to the IVG whose decision
shall be conclusive.
c.
The arrangements set forth in this clause shall be subject to
review every ten years, and may be altered or terminated by the
agreement of both Parties.
10.
Electromagnetic Sphere
i. Neither Party’s use of the electromagnetic sphere
may interfere with the other Party’s use.
ii. Annex X shall detail arrangements relating to the
use of the electromagnetic sphere.
iii. The IVG shall monitor and verify the
implementation of this clause and Annex X.
iv.
Any Party may submit a complaint to the IVG whose decision shall
be conclusive.
11.
Law Enforcement
The Israeli
and Palestinian law enforcement agencies shall cooperate in
combating illicit drug trafficking, illegal trafficking in
archaeological artifacts and objects of arts, cross-border
crime, including theft and fraud, organized crime, trafficking
in women and minors, counterfeiting, pirate TV and radio
stations, and other illegal activity.
12.
International Border Crossings
i. The following arrangements shall apply to borders
crossing between the state of Palestine and Jordan, the state of
Palestine and Egypt, as well as airport and seaport entry points
to the state of Palestine.
ii. All border crossings shall be monitored by joint
teams composed of members of the PSF and the MF. These teams
shall prevent the entry into Palestine of any weapons, materials
or equipment that are in contravention of the provisions of this
Agreement.
iii. The MF representatives and the PSF will have,
jointly and separately, the authority to block the entry into
Palestine of any such items. If at any time a disagreement
regarding the entrance of goods or materials arises between the
PSF and the MF representatives, the PSF may bring the matter to
the IVG, whose binding conclusions shall be rendered within 24
hours.
iv.
This arrangement shall be reviewed by the IVG after 5 years to
determine its continuation, modification or termination.
Thereafter, the Palestinian party may request such a review on
an annual basis.
v.
In passenger terminals, for thirty months, Israel may maintain
an unseen presence in a designated on-site facility, to be
staffed by members of the MF and Israelis, utilizing appropriate
technology. The Israeli side may request that the MF-PSF conduct
further inspections and take appropriate action.
vi.
For the following two years, these arrangements will continue in
a specially designated facility in Israel, utilizing appropriate
technology. This shall not cause delays beyond the procedures
outlined in this clause.
vii. In cargo terminals, for thirty months, Israel may
maintain an unseen presence in a designated on-site facility, to
be staffed by members of the MF and Israelis, utilizing
appropriate technology. The Israeli side may request that the
MF-PSF conduct further inspections and take appropriate action.
If the Israeli side is not satisfied by the MF-PSF action, it
may demand that the cargo be detained pending a decision by an
MF inspector. The MF inspector’s decision shall be binding and
final, and shall be rendered within 12 hours of the Israeli
complaint.
viii. For the following three years, these arrangements
will continue from a specially designated facility in Israel,
utilizing appropriate technology. This shall not cause delays
beyond the timelines outlined in this clause.
ix.
A high level trilateral committee composed of representatives of
Palestine, Israel, and the IVG shall meet regularly to monitor
the application of these procedures and correct any
irregularities, and may be convened on request.
x.
The details of the above are set forth in Annex X.
13.
Border Control
i. The PSF shall maintain border control as detailed
in Annex X.
ii. The MF shall monitor and verify the maintenance of
border control by the PSF.
Article 6 –
Jerusalem
1.
Religious and Cultural Significance:
i. The Parties recognize the universal historic,
religious, spiritual, and cultural significance of Jerusalem and
its holiness enshrined in Judaism, Christianity, and Islam. In
recognition of this status, the Parties reaffirm their
commitment to safeguard the character, holiness, and freedom of
worship in the city and to respect the existing division of
administrative functions and traditional practices between
different denominations.
ii. The Parties shall establish an inter-faith body
consisting of representatives of the three monotheistic faiths,
to act as a consultative body to the Parties on matters related
to the city’s religious significance and to promote
inter-religious understanding and dialogue. The composition,
procedures, and modalities for this body are set forth in Annex
X.
2.
Capital of Two States
The Parties
shall have their mutually recognized capitals in the areas of
Jerusalem under their respective sovereignty.
3.
Sovereignty
Sovereignty
in Jerusalem shall be in accordance with attached Map 2. This
shall not prejudice nor be prejudiced by the arrangements set
forth below.
4.
Border Regime:
The border
regime shall be designed according to the provisions of Article
11, and taking into account the specific needs of Jerusalem
(e.g., movement of tourists and intensity of border crossing use
including provisions for Jerusalemites) and the provisions of
this Article.
5.
al-Haram al-Sharif/ Temple Mount (Compound)
i. International Group
a.
An International Group, composed of the IVG and other parties to
be agreed upon by the Parties, including members of the
Organization of the Islamic Conference (OIC), shall hereby be
established to monitor, verify, and assist in the implementation
of this clause.
b.
For this purpose, the International Group shall establish a
Multinational Presence on the Compound, the composition,
structure, mandate and functions of which are set forth in Annex
X.
c.
The Multinational Presence shall have specialized detachments
dealing with security and conservation. The Multinational
Presence shall make periodic conservation and security reports
to the International Group. These reports shall be made public.
d.
The Multinational Presence shall strive to immediately resolve
any problems arising and may refer any unresolved disputes to
the International Group that will function in accordance with
Article 16.
e.
The Parties may at any time request clarifications or submit
complaints to the International Group which shall be promptly
investigated and acted upon.
f.
The International Group shall draw up rules and regulations to
maintain security on and conservation of the Compound. These
shall include lists of the weapons and equipment permitted on
the site.
ii. Regulations Regarding the Compound
a.
In view of the sanctity of the Compound, and in light of the
unique religious and cultural significance of the site to the
Jewish people, there shall be no digging, excavation, or
construction on the Compound, unless approved by the two
Parties. Procedures for regular maintenance and emergency
repairs on the Compound shall be established by the IG after
consultation with the Parties.
b.
The state of Palestine shall be responsible for maintaining the
security of the Compound and for ensuring that it will not be
used for any hostile acts against Israelis or Israeli areas. The
only arms permitted on the Compound shall be those carried by
the Palestinian security personnel and the security detachment
of the Multinational Presence.
c.
In light of the universal significance of the Compound, and
subject to security considerations and to the need not to
disrupt religious worship or decorum on the site as determined
by the Waqf, visitors shall be allowed access to the site. This
shall be without any discrimination and generally be in
accordance with past practice.
iii. Transfer of Authority
a.
At the end of the withdrawal period stipulated in Article 5/7,
the state of Palestine shall assert sovereignty over the
Compound.
b.
The International Group and its subsidiary organs shall continue
to exist and fulfill all the functions stipulated in this
Article unless otherwise agreed by the two Parties.
6.
The Wailing Wall
The Wailing
Wall shall be under Israeli sovereignty.
7.
The Old City:
i. Significance of the Old City
a.
The Parties view the Old City as one whole enjoying a unique
character. The Parties agree that the preservation of this
unique character together with safeguarding and promoting the
welfare of the inhabitants should guide the administration of
the Old City.
b.
The Parties shall act in accordance with the UNESCO World
Cultural Heritage List regulations, in which the Old City is a
registered site.
ii. IVG Role in the Old City
a.
Cultural Heritage
1.
The IVG shall monitor and verify the preservation of cultural
heritage in the Old City in accordance with the UNESCO World
Cultural Heritage List rules. For this purpose, the IVG shall
have free and unimpeded access to sites, documents, and
information related to the performance of this function.
2.
The IVG shall work in close coordination with the Old City
Committee of the Jerusalem Coordination and Development
Committee (JCDC), including in devising a restoration and
preservation plan for the Old City.
b.
Policing
1.
The IVG shall establish an Old City Policing Unit (PU) to liaise
with, coordinate between, and assist the Palestinian and Israeli
police forces in the Old City, to defuse localized tensions and
help resolve disputes, and to perform policing duties in
locations specified in and according to operational procedures
detailed in Annex X.
2.
The PU shall periodically report to the IVG.
c.
Either Party may submit complaints in relation to this clause to
the IVG, which shall promptly act upon them in accordance with
Article 16.
iii. Free Movement within the Old City
Movement
within the Old City shall be free and unimpeded subject to the
provisions of this article and rules and regulations pertaining
to the various holy sites.
iv.
Entry into and Exit from the Old City
a.
Entry and exit points into and from the Old City will be staffed
by the authorities of the state under whose sovereignty the
point falls, with the presence of PU members, unless otherwise
specified.
b.
With a view to facilitating movement into the Old City, each
Party shall take such measures at the entry points in its
territory as to ensure the preservation of security in the Old
City. The PU shall monitor the operation of the entry points.
c.
Citizens of either Party may not exit the Old City into the
territory of the other Party unless they are in possession of
the relevant documentation that entitles them to. Tourists may
only exit the Old City into the territory of the Party which
they posses valid authorization to enter.
v.
Suspension, Termination, and Expansion
a.
Either Party may suspend the arrangements set forth in Article
6.7.iii in cases of emergency for one week. The extension of
such suspension for longer than a week shall be pursuant to
consultation with the other Party and the IVG at the Trilateral
Committee established in Article 3/3.
b.
This clause shall not apply to the arrangements set forth in
Article 6/7/vi.
c.
Three years after the transfer of authority over the Old City,
the Parties shall review these arrangements. These arrangements
may only be terminated by agreement of the Parties.
d.
The Parties shall examine the possibility of expanding these
arrangements beyond the Old City and may agree to such an
expansion.
vi.
Special Arrangements
a.
Along the way outlined in Map X (from the Jaffa Gate to the Zion
Gate) there will be permanent and guaranteed arrangements for
Israelis regarding access, freedom of movement, and security, as
set forth in Annex X.
1.
The IVG shall be responsible for the implementation of these
arrangements.
b.
Without prejudice to Palestinian sovereignty, Israeli
administration of the Citadel will be as outlined in Annex X.
vii. Color-Coding of the Old City
A visible
color-coding scheme shall be used in the Old City to denote the
sovereign areas of the respective Parties.
viii. Policing
a.
An agreed number of Israeli police shall constitute the Israeli
Old City police detachment and shall exercise responsibility for
maintaining order and day-to-day policing functions in the area
under Israeli sovereignty.
b.
An agreed number of Palestinian police shall constitute the
Palestinian Old City police detachment and shall exercise
responsibility for maintaining order and day-to-day policing
functions in the area under Palestinian sovereignty.
c.
All members of the respective Israeli and Palestinian Old City
police detachments shall undergo special training, including
joint training exercises, to be administered by the PU.
d.
A special Joint Situation Room, under the direction of the PU
and incorporating members of the Israeli and Palestinian Old
City police detachments, shall facilitate liaison on all
relevant matters of policing and security in the Old City.
ix.
Arms
No person
shall be allowed to carry or possess arms in the Old City, with
the exception of the Police Forces provided for in this
agreement. In addition, each Party may grant special written
permission to carry or possess arms in areas under its
sovereignty.
x.
Intelligence and Security
a.
The Parties shall establish intensive intelligence cooperation
regarding the Old City, including the immediate sharing of
threat information.
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