Protocol Concerning Safe Passage between the West Bank and the Gaza
Strip

Signed in Jerusalem on October 5, 1999

1. Preamble

Pursuant to the Wye River
Memorandum of October 23, 1998 and the Sharm
el-Sheikh Memorandum on Implementation Timeline of Outstanding
Commitments of Agreements Signed and the Resumption of Permanent Status
Negotiations of September 4, 1999; and

In accordance with the Israeli-Palestinian Interim Agreement on the
West Bank and the Gaza Strip, signed in Washington, D.C. on September
28, 1995 (hereinafter "the Agreement"); and

With a view to implement Article X and the other related provisions
of Annex I to the Agreement "Protocol Concerning Redeployment and
Security Arrangements" (hereinafter "Annex I"),

both sides hereby agree to the following "Protocol Concerning Safe
Passage between the West Bank and the Gaza Strip" (hereinafter the
"Protocol").

This Protocol establishes the modalities for the use of safe
passage. The arrangements set out in this Protocol are subject to the
Agreement and are not in any way intended to derogate from any of its
provisions, including, inter alia, the provisions of the Agreement
regarding passage between the West Bank and Israel, between the Gaza
Strip and Israel and between the West Bank and the Gaza Strip.

This Protocol may be amended by a decision of both sides.

This Protocol will come into force upon the signing thereof by both
parties.

This Preamble is an integral part of this Protocol.

2. General Provisions

Article X of Annex I, and the attached map No. 6 delineate two
routes through which Israel will make safe passage available.

Israel will ensure safe passage for persons and transportation
during daylight hours (from sunrise to sunset) or as otherwise agreed,
but in any event not less than 10 hours a day.

Travelers will be required to commence their journey as follows,

one and a half hours for travelers using private vehicles and
taxis;

two hours for commercial traffic and buses,

before sunset on the day of the journey.

Safe passage will be effected by means of privately owned road
vehicles and public transportation, as detailed in paragraph 5 below.

Safe passage shall be via the following designated crossing
points:

the Erez crossing point (for persons and vehicles only);

the Karni crossing point (Commercial) (for goods only);

the Tarkumya crossing point (for persons, vehicles and goods);
and

an additional crossing point around Mevo Horon.

The safe passage arrangements will not be available on Yom Kippur,
Israel's Memorial Day and Israel's Independence Day.

Both sides may make special arrangements for other designated
days, as agreed between them.

Israel shall signpost the safe passage routes clearly and shall take
all necessary measures to ensure smooth movement while preserving safety
and security on the route or routes in use on any specific day.

Except as provided in paragraph 3.H.2 below, the use of safe passage
by residents of the West Bank and the Gaza Strip does not afford them
license to be present in Israel except along the safe passage routes
designated for their use.

Israel may, for security or safety reasons, temporarily halt the
operation of a safe passage route or modify the passage arrangements
while ensuring that one of the routes is kept open for safe passage.
Notice of such temporary closure or modification shall be given to the
Palestinian side, through agreed channels, as far in advance as the
circumstances will allow.

Israel may deny the use of its territory for safe passage by persons
who have seriously or repeatedly violated the safe passage provisions
detailed in this Protocol or in the Agreement. Israel will notify the
Palestinian side, through agreed channels, of any decision to deny the
use of its territory as a result of such violations. The notification
shall include details of the violations giving rise to the denial. The
individual in question shall have the right to request, through the
Palestinian side, that Israel reconsider its decision.

Nothing in this Protocol will be construed as derogating from
Israel's right to apply inspection measures necessary for ensuring
security and safety at the crossing points of the safe passage. Maximum
efforts will be made to maintain the dignity of persons using safe
passage and to implement inspection measures relying heavily on brief
and modern procedures.

Israel shall notify the Palestinian side of incidents involving
persons using safe passage routes through the agreed channels.

It is understood that the safe passage shall be operated on a
cost-reimbursement basis, in accordance with an agreement on the
modalities to be reached in the Joint Economic Committee.

Israel shall be compensated for damages incurred by Israel, Israelis
or their property as a result of the use of safe passage, in accordance
with an agreement on the modalities to be reached in the Joint Economic
Committee.

3. Use of Safe Passage

Residents of the West Bank and the Gaza Strip wishing to make use of
safe passage shall arrive with a safe passage card at the safe passage
terminal at one of the crossing points specified at paragraph 2.C.2
above, where they will identify themselves by means of identification
documents as mentioned in paragraph 6, Article 28, Appendix 1, Annex III
to the Agreement.

After identification at the terminal, and after the validity check
of the safe passage card, travelers will be issued with safe passage
slips subject to the provisions of this Protocol and the Agreement,
except for persons provided for in paragraph 2.H above and paragraph 6
below.

The Palestinian side shall transfer to the Israeli side all
applications for safe passage cards, after initial Palestinian
security approval. The applications shall be in accordance with the
agreed procedures (including the submission of all required
information as well as two updated photographs).

The Israeli side shall respond to the applications within two
working days. It is agreed that in all cases in which the photographs
submitted with the application do not match the Israeli database, or
in which the photograph of the individual does not appear in the
Israeli database, the application shall not be processed and shall be
returned to the Palestinian side.

Safe passage cards shall be issued in the relevant Israeli
District Civil Liaison Office (DCL) in the West Bank or in the
Regional Civil Affairs Subcommittee (RCAC) in the Gaza Strip.

On-duty Palestinian policemen and minors under age 14, traveling
in accordance with the provisions of paragraphs 7 and 3.I below,
respectively, shall not be required to receive a safe passage card for
the use of safe passage.

Men over 50 and women shall generally receive their safe passage
cards through the Palestinian side, except for special cases. The
Israeli side will make all efforts to minimize such exceptions.

In light of the special nature of the safe passage, those persons
whose applications for safe passage have been approved shall receive
from the Israeli side their safe passage cards at the Israeli side of
the District Coordination Offices (DCOs). An unarmed civilian
Palestinian liaison officer shall be present throughout all stages of
this process. Receipt of the safe passage card shall be contingent on
the individual being definitively identified by the Israeli side,
using the best available methods (including, in the near future,
biometric information), as agreed upon by the two sides.

A safe passage card shall be valid for one year for multiple two-way
journeys on the safe passage routes. Travelers can only use safe passage
within the operation time as provided for in paragraphs 2.B.1 and 2.B.2
above.

Upon completion of the journey, the safe passage slips and safe
passage stickers shall be returned to the Israeli authorities at the
destination crossing point.

Residents of the West Bank and the Gaza Strip in possession of
permits enabling them to enter Israel will be able to use these permits
as safe passage cards, subject to the conditions of such permits and to
the modalities set out in this Protocol.

Individual safe passage slips will be issued and stamped by the
Israeli authorities at the crossing points, with the time of departure
from the crossing point and the estimated time of arrival (hereinafter
"the designated time").

The designated time shall enable completion of the journey within
a reasonable time.

Persons and vehicles using safe passage under these arrangements
shall neither break their journey nor depart from the designated
routes, and shall complete the passage within the designated time,
unless a delay is caused by a medical emergency or a technical
breakdown.

Notwithstanding paragraph 3.H.1 above, in the case of a medical
emergency travelers may drive directly to the nearest hospital or
first aid station. Such travelers will be required to report the
incident to the relevant authorities at the destination crossing point
as soon as circumstances allow.

In the case of a technical breakdown, travelers must remain on the
safe passage route with their vehicles until the arrival of the
Israeli police and follow their instructions. In addition, travelers
may stop another vehicle using safe passage and request the driver to
inform the authorities at the destination crossing point of the case.

Minors under the age of 16 who are accompanied by a parent and
registered in the identity card of that parent will not be required
to carry individual safe passage cards.

Such minors shall identify themselves via the identity card of
the accompanying parent.

Minors who are not accompanied by a parent may also use safe
passage without carrying a safe passage card provided that:

they are under the age of 14; and

they are accompanied by an adult (18 or over).

Such minors shall identify themselves by means of a birth
certificate or a certified copy of the parent's identity card in
which they are registered.

Persons and vehicles shall not carry explosives, firearms or other
weapons or ammunition except for special cases that may be agreed by
both sides. Transportation of dangerous substances shall be in
accordance with the provisions of the Agreement.

4. Use of Safe Passage Routes by Visitors from
Abroad

A. Provisions of the Agreement and this Protocol regarding the use of
safe passage will apply to visitors to the West Bank and the Gaza Strip
from abroad, without derogating from the provisions of the Agreement
concerning visitors.

B. Visitors will identify themselves by means of: (i) valid visitors'
permits; and (ii) passports or travel documents when using the safe
passage.

5. Use of Vehicles on Safe Passage Routes

Residents of the West Bank and the Gaza Strip wishing to use their
privately owned vehicles to travel along the safe passage shall apply
for a vehicle safe passage permit through the Palestinian side. The
Israeli side shall respond to such applications within five working
days. Such applications shall include the identification documents
referred to in paragraph 3.A above; safe passage cards or permits
enabling them entry into Israel; valid drivers' licenses; valid
vehicle licenses; and valid insurance policies. The vehicle safe
passage permits shall be issued in the relevant Israeli DCL in the
West Bank or in the RCAC in the Gaza Strip and transferred to the
Palestinian side.

In addition to the above, the two sides may agree on specific
categories or persons who may use a vehicle not owned by them. Such
categories include, inter alia: (i) persons employed by the
Palestinian Authority driving a vehicle owned by the Palestinian
Authority; (ii) persons employed by a private company driving a
vehicle owned by the private company; and (iii) taxi drivers (only one
designated driver per taxi). In such cases, in addition to all other
requirements of this Protocol, the person shall be required to possess
and submit a written permit signed by the Palestinian side and by the
vehicle-owner authorizing that person's use of the vehicle for safe
passage.

On the day of the journey, the drivers will arrive at the safe
passage terminal at the departure crossing point with their vehicle
safe passage permits; safe passage cards or permits enabling them
entry into Israel; identity cards; valid drivers' licenses; valid
vehicle licenses; valid insurance policies; and, if applicable, the
permit referred to in paragraph 5.A.2 above. After identification, and
after the validity check of the vehicle safe passage permit, drivers
will be issued with an individual safe passage slip and a safe passage
sticker, to be displayed on the right-hand side of the front
windshield of the vehicle.

The names of all passengers traveling in the vehicle shall be
listed on a separate document to be attached to the driver's safe
passage slip.

Persons listed as travelers in a particular vehicle must remain
with the vehicle for the full duration of their safe passage journey,
except for the medical emergencies provided for in paragraph 3.H.2
above.

Residents of the West Bank or the Gaza Strip in possession of valid
permits enabling them to enter Israel with their vehicles, will be able
to use these permits as vehicle safe passage permits, subject to the
conditions of such permits and to the modalities set out in this
Protocol.

Vehicle safe passage permits shall be valid for not less than
three months from the date of issuance, for multiple two-way journeys.

Certain persons who are acceptable to both sides will be issued
vehicle safe passage permits, the validity of which shall be for more
than the period specified in paragraph 5.D.1 above and up to one year.
Such permits shall be issued provided that the Joint Civil Affairs
Coordination and Cooperation Committee (CAC) had applied for them
through the relevant DCL in the West Bank or the RCAC in the Gaza
Strip.

All vehicles used by residents of the West Bank and the Gaza Strip
for the purpose of traveling via safe passage must have valid licensing
in accordance with Article 38, Appendix 1, Annex III to the Agreement
and at least valid compulsory insurance policies, in accordance with
Article 19, Appendix 1, Annex III to the Agreement, and Article XI,
Annex V to the Agreement.

All vehicles used for the purpose of safe passage shall meet Israeli
standards and applicable Israeli law.

"Sterile" public transportation vehicles shall operate between
Tarkumya and Erez crossing points.

The public transportation vehicles will be designated for the
purpose of safe passage only.

The public transportation vehicles as well as their drivers should
be acceptable to both sides.

In special emergency related cases, to be handled through agreed
channels, safe passage may be used by privately owned vehicles without
having submitted an application in advance.

6. Use of Safe Passage by Persons Denied Entry
into Israel

Persons who are denied entry into Israel will use safe passage by
means of shuttle buses which will he escorted by Israeli security forces
vehicles, and which will operate from 7:00 AM to 2:00 PM on Mondays and
Wednesdays of every week.

Applications by persons denied entry into Israel to use the safe
passage must be submitted to, and agreed upon, at least five working
days prior to the planned journey.

Cases of persons denied entry into Israel whose applications to use
safe passage are not agreed upon shall he discussed in the agreed
channels.

Persons denied entry into Israel who have used the safe passage
will be able to return that same day to their original point of
departure via the mechanism established in paragraph 6.A above.

Persons denied entry into Israel and who have used the safe
passage will be able to return to their original point of departure by
shuttle bus within two weeks following the date of departure with
notification through the agreed channels at least 1 working day prior
to the planned journey.

Persons denied entry into Israel and who have stayed for a period
in excess of that specified in paragraph 6.D.2 above, will be required
to submit applications as provided for in paragraph 6.B above.

The aforementioned shuttle buses shall have Palestinian
registration and shall be driven by Palestinian residents.

The aforementioned shuttle buses as well as their drivers should
be acceptable to both sides.

7. Passage of Palestinian Police

In accordance with paragraph 2.g, Article X of Annex I, uniformed
and plainclothes Palestinian policemen required to use the safe passage
so as to perform their duty in the West Bank and the Gaza Strip, or
Palestinian policemen other than in instances covered by paragraph 7.E
below, using privately owned vehicles, official vehicles or other means
of transportation, will be able to use the safe passage after the
Palestinian police has submitted an application and after that
application was approved, through the relevant DCO two working days
prior to the planned journey.

Palestinian policemen provided for in paragraph 7.A above and
Palestinian police vehicles and equipment moving between the West Bank
and the Gaza Strip via safe passage shall be escorted by Israeli
security forces vehicles.

When in safe passage, the weapons of the Palestinian policemen will
be handed over to the Israeli police and placed in a closed trailer
affixed to the Israel police vehicle. A Palestinian policeman may travel
in the aforementioned Israeli police vehicle. The vehicle shall be
driven by a member of the Israeli police. Upon completion of the safe
passage journey the weapons shall be handed over to the Palestinian
officer in charge in the DCO.

Cases of usage of safe passage by Palestinian policemen requiring
special attention and arrangements will be dealt with and coordinated
through the Joint Coordination and Cooperation Committee for Mutual
Security Purposes (JSC).

The provisions set out in this Protocol and in the Agreement
relating to regular persons will apply to Palestinian policemen using
safe passage when off duty. Such policemen may only use safe passage
when unarmed and out of uniform.

8. Use of Safe Passage for Commercial Traffic

Goods transferred to or from the Gaza Strip via the safe passage
will enter or leave the Gaza Strip through the Karni (Commercial)
crossing point.

Commercial vehicles carrying goods from the West Bank to the Gaza
Strip via safe passage will travel along the relevant safe passage route
as far as the Yad Mordechai Junction, and from there branch off to Karni
as indicated on Map No. 6 (attached to the Agreement). Commercial
vehicles carrying goods from the Gaza Strip to the West Bank will follow
the same routes in reverse.

All provisions of this Protocol and the Agreement relating to use of
vehicles on safe passage routes shall apply to the use of commercial
vehicles.

The provisions in this paragraph 8 shall not prejudice any other
mechanism established in the Agreement, or based on the Agreement, with
respect to passage of goods.

Further details concerning commercial traffic will be agreed upon in
a special sub-committee in the CAC. Until decided otherwise, the current
arrangements adopted by the CAC concerning commercial traffic shall
remain in effect.

9. Future Meetings for Improving Operation of the
Safe Passage

A Continuing Safe Passage Committee shall meet regularly to supervise
the implementation of this Protocol and to discuss ways to improve the
safe passage operation, as agreed between both sides.

10. Use of Safe Passage by the Ra'ees of the Executive
Authority

Arrangements for the use of safe passage by the Ra'ees of the Executive
Authority shall be discussed in a special sub-committee through the JSC.

11. Final Clauses

Consistent with paragraph 6, Article XXXI of the Agreement, the
arrangements included in this Protocol are without prejudice to the
permanent status negotiations.

There shall be a Liaison Bureau at agreed locations close to each of
the safe passage crossing points. In addition, the Palestinian side
shall establish coordination points at agreed locations on the roads
leading to the crossing points. The function of the coordination points
shall be to ensure the smooth and orderly movement of persons and
vehicles to the crossing points, in accordance with their capacity.

In between the operation of the Southern crossing point of the safe
passage and the Northern crossing point of the safe passage, Israel will
facilitate arrangements for the movement between the West Bank and the
Gaza Strip, using non-safe passage routes other than the Southern route
of the safe passage.

Done at Jerusalem, this 5th day of October, 1999.

For the Government of the State of Israel: Shlomo Ben
Ami
For the Palestine Liberation Organization: Jamil Altarifi

Hebrew
Translation

© Copyright 1999, The State of Israel. All Rights
Reserved.
We welcome your Suggestions and Comments. [email-masked]