THE WYE RIVER MEMORANDUM
October 23, 1998
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 requirements.
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.
2. 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 falling 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
(a) The Palestinian side will make known its policy of zero tolerance for terror
and violence against both sides.
(b) 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.
(c) 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 terrorists calls 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 area under its
jurisdiction.
(d) 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.
(e) 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.
2. Prohibiting Illegal Weapons
(a) 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.
(b) 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 it accordance with the prior agreements. The
U.S. has agreed to assist in carrying out this program.
(c) 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.
3. Prevention Incitement
(a) 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.
(b) 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 Cooperation
There will be full bilateral security cooperation between the two sides which
will be continuous, intensive and comprehensive.
2. Forensic Cooperation
There will be an exchange of forensic expertise, training, and other assistance.
3. Trilateral Committee
In 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
(a) The Palestinian side will provide a list of its policemen to the Israeli
side in conformity with the prior agreements.
(b) Should the Palestinian side request technical assistance, the U.S. has
indicated its willingness to help meet those needs in cooperation with other
donors.
(c) The Monitoring and Steering Committee will, as part of its functions,
monitor the implementation of this provision and brief the U.S.
2. PLO Charter
The 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.
3. Legal Assistance in Criminal Matters
Among 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 12 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 United States has been requested by the sides to report on a
regular basis on the stops being taken to respond to the above requests.
4. Human Rights and the Rule of Law
Pursuant 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 actively to 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.
2. 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."
3. 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.
4. 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 60
days, which will allow commencement of the construction of the port.
5. 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.
6. 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.
7. 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 United States 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, DC this 23rd 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
---------
a 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)
2. 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))
3. 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 an 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))
4. Week 6-12:
-- Weapons collection stage (II (A)(2)(b)); (II (A)(2)(c)) committee report on
its activities.
-- Anti-Incitement committees 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))
5. 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)
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