Wye river memorandum

Wye river memorandum

The complete text, signed on friday, October 23, 1998 by Prime Minister
Benjamin Netanyahu and Palestinian Authority Chairman Yasser Arafat

The following are steps to facilitate implementation of the Interim
Agreement on the West Bank and Gaza Strip of September 28, 1995 (the
“Interim Agreement”) and other related agreements including the Note
for the Record of January 17, 1997 (hereinafter referred to as “the
prior agreements”) so that the Israeli and Palestinian sides can more
effectively carry out their reciprocal responsibilities, including
those relating to further redeployments and security respectively.

These steps are to be carried out in a parallel phased approach in
accordance with this Memorandum and the attached time line. They are
subject to the relevant terms and conditions of the prior agreements
and do not supersede their other agreements.

I. FURTHER REDEPLOYMENTS

A. Phase One and Two Further Redeployments

1. Pursuant to the Interim Agreement and subsequent agreements, the
   Israeli side’s implementation of the first and second F.R.D. will
   consist of the transfer to the Palestinian side of 13% from Area C as
   follows:

1% to Area (A)

12% to Area (B)

The Palestinian side has informed that it will allocate an area/areas
amounting to 3% from the above Area (B) to be designated as Green
Areas and/or Nature Reserves. The Palestinian side has further
informed that they will act according to the established scientific
standards, and that therefore there will be no changes in the status
of these areas, without prejudice to the rights of the existing
inhabitants in these areas including Bedouins; while these standards
do not allow new construction in these areas, existing roads and
buildings may be maintained.

The Israeli side will retain in these Green Areas/Nature Reserves the
overriding security responsibility for the purpose of protecting
Israelis and confronting the threat of terrorism. Activities and
movements of the Palestinian Police forces may be carried out after
coordination and confirmation; the Israeli side will respond to such
requests expeditiously.

• As part of the foregoing implementation of the first and second
  F.R.D., 14.2% from Area (B) will become Area (A).B. Third Phase of Further Redeployments

  With regard to the terms of the Interim Agreement and of Secretary
  Christopher’s letters to the two sides of January 17, 1997 relating
  to the further redeployment process, there will be a committee to
  address this question. The United States will be briefed regularly.

  II. SECURITY

  In the provisions on security arrangements of the Interim Agreement,
  the Palestinian side agreed to take all measures necessary in order
  to prevent acts of terrorism, crime and hostilities directed against
  the Israeli side, against individuals failing under the Israeli
  side’s authority and against their property, just as the Israeli side
  agreed to take all measures necessary in order to prevent acts of
  terrorism, crime and hostilities directed against the Palestinian
  side, against individuals falling under the Palestinian side’s
  authority and against their property.

  The two sides also agreed to
  take legal measures against offenders within their jurisdiction and
  to prevent incitement against each other by any organizations, groups
  or individuals within their jurisdiction.

  Both sides recognize that it is in their vital interests to combat
  terrorism and fight violence in accordance with Annex I of the
  Interim Agreement and the Note for the Record. They also recognize
  that the struggle against terror and violence must be comprehensive
  in that it deals with terrorists, the terror support structure, and
  the environment conducive to the support of terror.

  It must be continuous and constant over a long-term, in that there
  can be no pauses in the work against terrorists and their structure.

  It must be cooperative in that no effort can be fully effective
  without Israeli-Palestinian cooperation and the continuous exchange of
  information, concepts, and actions.

  Pursuant to the prior agreements, the Palestinian side’s
  implementation of its responsibilities for security, security
  cooperation, and other issues will be as detailed below during the
  time periods specified in the attached time line:

  A. Security Actions

  1. Outlawing and Combating Terrorist Organizations
     • The Palestinian side will make known its policy of zero tolerance
       for terror and violence against both sides.

• A work plan developed by the Palestinian side will be shared with
  the U.S. and thereafter implementation will begin immediately to
  ensure the systematic and effective combat of terrorist organizations
  and their infrastructure.

• In addition to the bilateral Israeli-Palestinian security
  cooperation, a U.S.-Palestinian committee will meet biweekly to
  review the steps being taken to eliminate terrorist cells and the
  support structure that plans, finances, supplies and abets terror. In
  these meetings, the Palestinian side will inform the U.S. fully of
  the actions it has taken to outlaw all organizations (or wings of
  organizations, as appropriate) of a military, terrorist or violent
  character and their support structure and to prevent them from
  operating in areas under its jurisdiction.

• The Palestinian side will apprehend the specific individuals
  suspected of perpetrating acts of violence and terror for the purpose
  of further investigation, and prosecution and punishment of all
  persons involved in acts of violence and terror.

• A U.S.-Palestinian committee will meet to review and evaluate
  information pertinent to the decisions on prosecution, punishment or
  other legal measures which affect the status of individuals suspected
  of abetting or perpetrating acts of violence and terror.
• Prohibiting Illegal Weapons
  • The Palestinian side will ensure an effective legal framework is
    in place to criminalize, in conformity with the prior agreements, any
    importation, manufacturing or unlicensed sale, acquisition or
    possession of firearms, ammunition or weapons in areas under
    Palestinian jurisdiction.

• In addition, the Palestinian side will establish and vigorously
  and continuously implement a systematic program for the collection
  and appropriate handling of all such illegal items in accordance with
  the prior agreements. The U.S. has agreed to assist in carrying out
  this program.

• A U.S.-Palestinian-Israeli committee will be established to assist
  and enhance cooperation in preventing the smuggling or other
  unauthorized introduction of weapons or explosive materials into
  areas under Palestinian jurisdiction.
• Preventing Incitement
  • Drawing on relevant international practice and pursuant to Article
    XXII (1) of the Interim Agreement and the Note for the Record, the
    Palestinian side will issue a decree prohibiting all forms of
    incitement to violence or terror, and establishing mechanisms for
    acting systematically against all expressions or threats of violence
    or terror. This decree will be comparable to the existing Israeli
    legislation which deals with the same subject.

• A U.S.- Palestinian-Israeli committee will meet on a regular basis
  to monitor cases of possible incitement to violence or terror and to
  make recommendations and reports on how to prevent such incitement.

  The Israeli, Palestinian and U.S. sides will each appoint a media
  specialist, a law enforcement representative, an educational
  specialist and a current or former elected official to the committee.B. Security Cooperation

  The two sides agree that their security cooperation will be based on
  a spirit of partnership and will include, among other things, the
  following steps:

  1. Bilateral CooperationThere will be full bilateral security cooperation between the two
     sides which will be continuous, intensive and comprehensive.
  2. Forensic CooperationThere will be an exchange of forensic expertise, training, and other
     assistance.
  3. Trilateral CommitteeIn addition to the bilateral Israeli-Palestinian security
     cooperation, a high-ranking U.S.-Palestinian-Israeli committee will
     meet as required and not less than biweekly to assess current
     threats, deal with any impediments to effective security cooperation
     and coordination and address the steps being taken to combat terror
     and terrorist organizations. The committee will also serve as a forum
     to address the issue of external support for terror.

     In these meetings, the Palestinian side will fully inform the members
     of the committee of the results of its investigations concerning terrorist
     suspects already in custody and the participants will exchange
     additional relevant information The committee will report regularly
     to the leaders of the two sides on the status of cooperation, the
     results of the meetings and its recommendations.

  C. Other Issues

   

• Palestinian Police Force
•  
  • The Palestinian side will provide a list of its policemen to the
    Israeli side in conformity with the prior agreements.

• Should the Palestinian side request technical assistance, the U.S.
  has indicated its willingness to help meet their needs in cooperation
  with other donors.

• The Monitoring and Steering Committee will, as part of its
  functions, monitor the implementation of this provision and brief the
  U.S.
• PLO CharterThe Executive Committee of the Palestine Liberation Organization and
  the Palestinian Central Council will reaffirm the letter of 22
  January 1998 from PLO Chairman Yasir Arafat to President Clinton
  concerning the nullification of the Palestinian National Charter
  provisions that are inconsistent with the letters exchanged between
  the PLO and the Government of Israel on 9/10 September 1993.

  PLO Chairman Arafat, the Speaker of the Palestine National Council, and
  the Speaker of the Palestinian Council will invite the members of the
  PNC, as well as the members of the Central Council, the Council, and
  the Palestinian Heads of Ministries to a meeting to be addressed by
  President Clinton to reaffirm their support for the peace process and
  the aforementioned decisions of the Executive Committee and the
  Central Council.

• Legal Assistance in Criminal MattersAmong other forms of legal assistance in criminal matters, the
  requests for arrest and transfer of suspects and defendants pursuant
  to Article II (7) of Annex IV of the Interim Agreement will be
  submitted (or resubmitted) through the mechanism of the Joint
  Israeli-Palestinian Legal Committee and will be responded to in
  conformity with Article II (7) (f) of Annex IV of the Interim
  Agreement within the twelve week period. Requests submitted after the
  eighth week will be responded to in conformity with Article II (7)
  (f) within four weeks of their submission. The U.S. has been
  requested by the sides to report on a regular basis on the steps
  being taken to respond to the above requests.
• Human Rights and the Rule of LawPursuant to Article XI (1) of Annex I of the Interim Agreement, and
  without derogating from the above, the Palestinian Police will
  exercise powers and responsibilities to implement this Memorandum
  with due regard to internationally accepted norms of human rights and
  the rule of law, and will be guided by the need to protect the
  public, respect human dignity, and avoid harassment.

  III. INTERIM COMMITTEES AND ECONOMIC ISSUES

  1. The Israeli and Palestinian sides reaffirm their commitment to
     enhancing their relationship and agree on the need to actively
     promote economic development in the West Bank and Gaza. In this
     regard, the parties agree to continue or to reactivate all standing
     committees established by the Interim Agreement, including the
     Monitoring and Steering Committee, the Joint Economic Committee
     (JEC), the Civil Affairs Committee (CAC), the Legal Committee, and
     the Standing Cooperation Committee.

   

• The Israeli and Palestinian
  sides have agreed on arrangements which will permit the timely
  opening of the Gaza Industrial Estate. They also have concluded a
  “Protocol Regarding the Establishment and Operation of the
  International Airport in the Gaza Strip During the Interim Period.”
• Both sides will renew negotiations on Safe Passage immediately. As
  regards the southern route, the sides will make best efforts to
  conclude the agreement within a week of the entry into force of this
  Memorandum. Operation of the southern route will start as soon as
  possible thereafter. As regards the northern route, negotiations will
  continue with the goal of reaching agreement as soon as possible.
  Implementation will take place expeditiously thereafter.
• The Israeli and Palestinian sides acknowledge the great importance
  of the Port of Gaza for the development of the Palestinian economy,
  and the expansion of Palestinian trade. They commit themselves to
  proceeding without delay to conclude an agreement to allow the
  construction and operation of the port in accordance with the prior
  agreements. The Israeli-Palestinian Committee will reactivate its
  work immediately with a goal of concluding the protocol within sixty
  days, which will allow commencement of the construction of the port.
• The two sides recognize that unresolved legal issues adversely
  affect the relationship between the two peoples. They therefore will
  accelerate efforts through the Legal Committee to address outstanding
  legal issues and to implement solutions to these issues in the
  shortest possible period. The Palestinian side will provide to the
  Israeli side copies of all of its laws in effect.
• The Israeli and Palestinian sides also will launch a strategic
  economic dialogue to enhance their economic relationship. They will
  establish within the framework of the JEC an Ad Hoc Committee for
  this purpose. The committee will review the following four issues:
•  
  1. Israeli purchase taxes;
  2. cooperation in combating vehicle theft;
  3. dealing with unpaid Palestinian debts; and
  4. the impact of Israeli standards as barriers to trade and the
     expansion of the A1 and A2 lists.

  The committee will submit an interim report within
  three weeks of the entry into force of this Memorandum, and within
  six weeks will submit its conclusions and recommendations to be
  implemented.

   

• The two sides agree on the importance of continued international
  donor assistance to facilitate implementation by both sides of
  agreements reached. They also recognize the need for enhanced donor
  support for economic development in the West Bank and Gaza. They
  agree to jointly approach the donor community to organize a
  Ministerial Conference before the end of 1998 to seek pledges for
  enhanced levels of assistance.

  IV. PERMANENT STATUS NEGOTIATIONS

  The two sides will immediately resume permanent status negotiations
  on an accelerated basis and will make a determined effort to achieve
  the mutual goal of reaching an agreement by May 4, 1999. The
  negotiations will be continuous and without interruption. The U.S.
  has expressed its willingness to facilitate these negotiations.

  V. UNILATERAL ACTIONS

  Recognizing the necessity to create a positive
  environment for the negotiations, neither side shall initiate or take
  any step that will change the status of the West Bank and the Gaza
  Strip in accordance with the Interim Agreement.

   

  ATTACHMENT: Time Line

  This Memorandum will enter into force ten days from the date of
  signature.

  Done at Washington, D.C. this 23d day of October 1998.

  For the Government of the State of Israel:

  Benjamin Netanyahu

  For the PLO:

  Yassir Arafat

  Witnessed by:

  William J. Clinton The United States of America

  TIME LINE

  Note: Parenthetical references below are to paragraphs in “The Wye
  River Memorandum” to which this time line is an integral attachment.
  Topics not included in the time line follow the schedule provided for
  in the text of the Memorandum.

  1. Upon Entry into Force of the Memorandum:
     • Third further redeployment committee starts (I (B))
     • Palestinian security work plan shared with the U.S. (II (A) (1) (b))
     • Full bilateral security cooperation (II (B) (1) )
     • Trilateral security cooperation committee starts (II (B) (3))
     • Interim committees resume and continue; Ad Hoc Economic Committee
       starts (III)
• Accelerated permanent status negotiations start (IV)
• Entry into Force – Week 2:
  • Security work plan implementation begins (II (A) (1) (b)); (II (A)
    (1) (c))

    committee starts

• Illegal weapons framework in place (II
  (A) (2) (a));

  Palestinian implementation report (II (A) (2) (b))

• Anti-incitement committee starts (II (A) (3) (b));

  decree issued (II (A) (3) (a))

• PLO Executive Committee reaffirms Charter letter (II (C) (2))
• Stage 1 of F.R.D. implementation: 2% C to B, 7.1% B to A.

  Israeli officials acquaint their Palestinian counterparts as required
  with areas;

  F.R.D. carried out;

  report on F.R.D. implementation (I(A))

• Week 2-6:
  • Palestinian Central Council reaffirms Charter letter (weeks two to
    four) (II (C) (2))
  • PNC and other PLO organizations reaffirm Charter
    letter (weeks four to six) (II (C) (2))
  • Establishment of weapons collection program (II (A) (2) (b)) and
    collection stage (II (A) (2) (c));

    committee starts and reports on activities.

  • Anti-incitement committee report (II (A) (3) (b))
  • Ad Hoc Economic Committee:

    interim report at week three;

    final report at week six (III)

  • Policemen list (II (C) (1) (a));

    Monitoring and Steering Committee review starts (II (C) (1) (c)

  • Stage 2 of F.R.D. implementation: 5% C to B.

    Israeli officials acquaint their Palestinian counterparts as
    required with areas; F.R.D. carried out; report on F.R.D. implementation (I (A))

• Week 6-12:
  • Weapons collection stage II (A) (2) (b); II (A) (2) (c)

    committee report on its activities.

  • Anti-incitement committee report (II (A) (3) (b))
  • Monitoring and Steering Committee briefs U.S. on policemen
    list (II (C) (1) (c))
  • Stage 3 of F.R.D. implementation: 5% C to B, 1% C to A, 7.1% B to A.

    Israeli officials acquaint Palestinian counterparts as required
    with areas; F.R.D. carried out; report on F.R.D. implementation (I (A))

• After Week 12:Activities described in the Memorandum continue as appropriate and if
  necessary, including:
  • Trilateral security cooperation committee (II (B)(3))
  • (II (A) (1) (c)) committee
  • (II (A) (1) (e)) committee
  • Anti-incitement committee (II (A) (3) (b))
  • Third Phase F.R.D. Committee (I (B))
  • Interim Committees (III)
  • Accelerated permanent status negotiations (IV)