مكتبة الوثائق و المعاهدات و المواد الاعلامية الفلسطينية

[م .نبيل زبن]

ﺍﻟﺒﻨﺩ 59
ﺒﺩﻭﻥ ﺍﻻﻀﺭﺍﺭ ﺒﺎﻻﻟﺘﺯﻤﺎﺕ ﺍﻟﻨﺎﺠﻤﺔ ﻋﻥ ﺍﻻﺘﻔﺎﻗﻴﺎﺕ ﺍﻟﺩﻭﻟﻴﺔ ﺍﻟﻘﺎﺌﻤﺔ، ﺴﻴﻤﺘﻨﻊ ﺍﻟﺠﺎﻨﺒﺎﻥ ﻋﻥ ﺍﺴﺘﻴﺭﺍﺩ
ﻤﻨﺘﺠﺎﺕ ﺯﺭﺍﻋﻴﺔ ﻤﻥ ﻁﺭﻑ ﺜﺎﻟﺙ ﻗﺩ ﺘﻤﺱ ﺒﻤﺼﺎﻟﺢ ﻤﺯﺍﺭﻋﻲ ﺍﻟﻁﺭﻑ ﺍﻵﺨﺭ.
ﺍﻟﺒﻨﺩ 60
ﺴﻴﺘﺨﺫ ﻜل ﺠﺎﻨﺏ ﺍﻹﺠﺭﺍﺀﺍﺕ ﺍﻟﻀﺭﻭﺭﻴﺔ ﻓﻲ ﻤﻨﻁﻘﺔ ﻭﻻﻴﺘﻪ ﻟﻤﻨﻊ ﺍﻟﻀﺭﺭ ﺍﻟﺫﻱ ﻗﺩ ﺘﺘﺴﺒﺏ ﺒﻪ
ﺯﺭﺍﻋﺘﻪ ﻟﻠﺒﻴﺌﺔ ﻓﻲ ﺍﻟﺠﺎﻨﺏ ﺍﻵﺨﺭ.
ﺍﻟﺒﻨﺩ 61
ﺴﻴﻨﺸﺊ ﺍﻟﺠﺎﻨﺒﺎﻥ ﻟﺠﺎﻨﺎ ﻓﺭﻋﻴﺔ ﻟﺨﺩﻤﺎﺘﻬﻤﺎ ﺍﻟﺭﺴﻤﻴﺔ ﺍﻟﺒﻴﻁﺭﻴﺔ ﻭﻟﻠﺤﻤﺎﻴﺔ ﺍﻟﻨﺒﺎﺘﻴﺔ ﻟﺩﻴﻬﻤﺎ، ﺍﻟﺘﻲ ﺴﺘﺤﺩﺩ
ﺍﻟﻤﻌﻠﻭﻤﺎﺕ ﻭﺘﺭﺍﺠﻊ ﺍﻟﺴﻴﺎﺴﺎﺕ ﻭﺍﻟﻤﺴﺎﺌل ﻭﺍﻹﺠﺭﺍﺀﺍﺕ ﻓﻲ ﻫﺫﻩ ﺍﻟﻤﻴﺎﺩﻴﻥ، ﺃﻱ ﺘﻐﻴﻴﺭﺍﺕ ﻓﻲ ﺍﺤﻜﺎﻡ
ﻫﺫﻩ ﺍﻟﻤﺎﺩﺓ ﺴﻴﺘﻡ ﺍﻻﺘﻔﺎﻕ ﻋﻠﻴﻬﺎ ﻤﻥ ﺍﻟﺠﺎﻨﺒﻴﻥ.
ﺍﻟﺒﻨﺩ 62
ﺴﻴﻘﻴﻡ ﺍﻟﺠﺎﻨﺒﺎﻥ ﻟﺠﺎﻨﺎ ﻓﺭﻋﻴﺔ ﻤﻥ ﺨﺒﺭﺍﺀ ﻓﻲ ﻗﻁﺎﻉ ﺍﻷﻟﺒﺎﻥ ﻤﻥ ﺍﺠل ﺘﺒﺎﺩل ﺍﻟﻤﻌﻠﻭﻤﺎﺕ ﻭﺒﺤﺙ
ﻭﺘﻨﺴﻴﻕ ﺍﻨﺘﺎﺠﻬﻤﺎ ﻓﻲ ﻫﺫﺍ ﺍﻟﻘﻁﺎﻉ ﻟﺤﻤﺎﻴﺔ ﻤﺼﺎﻟﺢ ﺍﻟﻁﺭﻓﻴﻥ، ﻤﻥ ﺤﻴﺙ ﺍﻟﻤﺒﺩﺃ ﻜل ﻁﺭﻑ ﺴﻴﻨﺘﺞ
ﻭﻓﻘﺎ ﻻﺴﺘﻬﻼﻜﻪ ﺍﻟﻤﺤﻠﻲ.
ﺍﻟﺒﻨﺩ 63
ﺍﻟﺼﻨﺎﻋﺔ: ﺃ- ﺴﻴﻜﻭﻥ ﻫﻨﺎﻙ ﺘﻨﻘﻼ ﺤﺭﺍ ﻟﻠﺴﻠﻊ ﺍﻟﺼﻨﺎﻋﻴﺔ ﺒﺩﻭﻥ ﺃﻱ ﻗﻴﻭﺩ ﺒﻤﺎ ﻓﻲ ﺫﻟﻙ ﺍﻟﺠﻤﺎﺭﻙ
ﻭﻀﺭﺍﺌﺏ ﺍﻻﺴﺘﻴﺭﺍﺩ ﺒﻴﻥ ﺍﻟﺠﺎﻨﺒﻴﻥ ﻭﻓﻘﺎ ﻟﺘﺸﺭﻴﻊ ﻜل ﺠﺎﻨﺏ. 1/ﺏ- ﻟﻠﺠﺎﻨﺏ ﺍﻟﻔﻠﺴﻁﻴﻨﻲ ﺍﻟﺤﻕ ﻓﻲ
ﺍﺴﺘﺨﺩﺍﻡ ﺍﺴﺎﻟﻴﺏ ﻤﺨﺘﻠﻔﺔ ﻟﺘﺸﺠﻴﻊ ﻭﺘﻌﺯﻴﺯ ﻭﺘﻨﻤﻴﺔ ﺍﻟﺼﻨﺎﻋﺔ ﺍﻟﻔﻠﺴﻁﻴﻨﻴﺔ ﻋﻥ ﻁﺭﻴﻕ ﺘﻘﺩﻴﻡ ﺍﻟﻤﻨﺢ
ﻭﺍﻟﻘﺭﻭﺽ ﻭﺍﻟﻤﺴﺎﻋﺩﺓ ﻓﻲ ﺍﻟﺒﺤﺙ ﻭﺍﻟﺘﻁﻭﻴﺭ ﻭﺍﻟﻔﻭﺍﺌﺩ ﺍﻟﻀﺭﻴﺒﻴﺔ ﺍﻟﻤﺒﺎﺸﺭﺓ، ﻟﻠﺠﺎﻨﺏ ﺍﻟﻔﻠﺴﻁﻴﻨﻲ
ﺃﻴﻀﺎ ﺍﻟﺤﻕ ﻓﻲ ﺴﺘﺨﺩﺍﻡ ﺍﺴﺎﻟﻴﺏ ﺃﺨﺭﻯ ﻟﺘﺸﺠﻴﻊ ﺍﻟﺼﻨﺎﻋﺔ ﻴﻠﺠﺄ ﺍﻟﻴﻬﺎ ﻓﻲ ﺇﺴﺭﺍﺌﻴل. 2/ﺏ- ﺴﻴﺘﺒﺎﺩل
ﺍﻟﺠﺎﻨﺒﺎﻥ ﻤﻌﻠﻭﻤﺎﺕ ﺤﻭل ﺍﻷﺴﺎﻟﻴﺏ ﺍﻟﻤﺴﺘﺨﺩﻤﺔ ﻤﻥ ﻗﺒﻠﻬﻡ ﻟﺘﺸﺠﻴﻊ ﺼﻨﺎﻋﺎﺘﻬﻤﺎ. 3/ﺏ- ﺤﺴﻭﻤﺎﺕ
ﻭﺍﻟﻀﺭﺍﺌﺏ ﻏﻴﺭ ﺍﻟﻤﺒﺎﺸﺭﺓ ﻭﺍﻻﻋﺎﻨﺎﺕ ﺍﻷﺨﺭﻯ ﻟﻠﻤﺒﻴﻌﺎﺕ ﻟﻥ ﻴﺴﻤﺢ ﺒﻬﺎ ﻓﻲ ﺍﻟﺘﺠﺎﺭﺓ ﺒﻴﻥ ﺍﻟﺠﺎﻨﺒﻴﻥ.
ﺝ- ﺴﻴﻔﻌل ﻜل ﺠﺎﻨﺏ ﻗﺼﺎﺭﻯ ﺠﻬﺩﻩ ﻟﺘﺠﻨﺏ ﺍﻻﻀﺭﺍﺭ ﺒﺼﻨﺎﻋﺔ ﺍﻟﺠﺎﻨﺏ ﺍﻵﺨﺭ ﻭﻴﺄﺨﺫ ﻓﻲ
ﺍﻻﻋﺘﺒﺎﺭ ﺍﻫﺘﻤﺎﻤﺎﺕ ﺍﻟﺠﺎﻨﺏ ﺍﻵﺨﺭ ﻓﻲ ﺴﻴﺎﺴﺔ ﺍﻟﺼﻨﺎﻋﻴﺔ. ﺩ- ﺴﻴﺘﻌﺎﻭﻥ ﺍﻟﺠﺎﻨﺒﺎﻥ ﻋﻠﻰ ﻤﻨﻊ
ﺍﻟﻤﻤﺎﺭﺴﺎﺕ ﺍﻟﻤﻀﻠﻠﺔ، ﻭﺍﻟﻤﺘﺎﺠﺭﺓ ﺒﺎﻟﺴﻠﻊ ﺍﻟﺘﻲ ﻗﺩ ﺘﻌﺭﺽ ﺍﻟﺼﺤﺔ ﻭﺴﻼﻤﺔ ﺍﻟﺒﻴﺌﺔ ﻟﻠﺨﻁﺭ، ﻭﺒﺎﻟﺴﻠﻊ
ﺍﻟﺘﻲ ﺍﻨﺘﻬﺕ ﺼﻼﺤﻴﺎﺘﻬﺎ. ﻫـ- ﺴﻴﺘﺨﺫ ﻜل ﺠﺎﻨﺏ ﺍﻹﺠﺭﺍﺀﺍﺕ ﺍﻟﻀﺭﻭﺭﻴﺔ ﻓﻲ ﻤﻨﻁﻘﺔ ﻭﻻﻴﺘﻪ ﻟﻤﻨﻊ
ﺍﻟﻀﺭﺭ ﺍﻟﺫﻱ ﻗﺩ ﻴﺘﺴﺒﺏ ﺒﻪ ﺼﻨﺎﻋﺘﻪ ﻟﺒﻴﺌﺔ ﺍﻟﺠﺎﻨﺏ ﺍﻵﺨﺭ. ﻭ- ﻟﻠﻔﻠﺴﻁﻴﻨﻴﻴﻥ ﺍﻟﺤﻕ ﻓﻲ ﺘﺼﺩﻴﺭ
23ﻤﻨﺘﺠﺎﺘﻬﻡ ﺍﻟﺼﻨﺎﻋﻴﺔ (ﺃﺴﻭﺍﻕ ﺨﺎﺭﺠﻴﺔ ﺩﻭﻥ ﻗﻴﻭﺩ ﻋﻠﻰ ﺃﺴﺎﺱ ﺸﻬﺎﺩﺓ ﺍﻟﻤﻨﺸﺄ ﺍﻟﺼﺎﺩﺭﺓ ﻋﻥ ﺍﻟﺴﻠﻁﺔ
ﺍﻟﻔﻠﺴﻁﻴﻨﻴﺔ). ﻱ- ﺍﻟﻠﺠﻨﺔ ﺍﻻﻗﺘﺼﺎﺩﻴﺔ ﺍﻟﻤﺸﺘﺭﻜﺔ (jec) ﺴﻭﻑ ﺘﺭﺍﺠﻊ ﻗﻀﺎﻴﺎ ﺘﺘﻌﻠﻕ ﺒﻬﺫﻩ ﺍﻟﻤﺎﺩﺓ.
ﺍﻟﺒﻨﺩ 64
ﺍﻟﺴﻴﺎﺤﺔ: ﺃ- ﺘﺅﺴﺱ ﺍﻟﺴﻠﻁﺔ ﺍﻟﻔﻠﺴﻁﻴﻨﻴﺔ ﺴﻠﻁﺔ ﺴﻴﺎﺤﻴﺔ ﻓﻠﺴﻁﻴﻨﻴﺔ ﻭﺘﻤﺎﺭﺱ، ﻀﻤﻥ ﺍﺸﻴﺎﺀ ﺃﺨﺭﻯ
ﺍﻟﺴﻠﻁﺎﺕ ﺍﻟﻤﻬﺎﻡ ﺍﻟﺘﺎﻟﻴﺔ ﻓﻲ ﺍﻟﻤﻨﺎﻁﻕ: - ﺘﻨﻅﻴﻡ ﻭﺘﺭﺨﻴﺹ ﻭﺘﺼﻨﻴﻑ ﻭﺍﻻﺸﺭﺍﻑ ﻋﻠﻰ ﺍﻟﺨﺩﻤﺎﺕ
ﻭﺍﻟﻤﻭﺍﻗﻊ ﻭﺍﻟﺼﻨﺎﻋﺎﺕ ﺍﻟﺴﻴﺎﺤﻴﺔ. - ﺘﺸﺠﻴﻊ ﺍﻟﺴﻴﺎﺤﺔ ﺍﻟﺨﺎﺭﺠﻴﺔ ﻭﺍﻟﻤﺤﻠﻴﺔ ﻭﺘﻁﻭﻴﺭ ﺍﻟﻤﺼﺎﺩﺭ
ﻭﺍﻷﻤﺎﻜﻥ ﺍﻟﺴﻴﺎﺤﻴﺔ ﺍﻟﻔﻠﺴﻁﻴﻨﻴﺔ. - ﺍﻻﺸﺭﺍﻑ ﻋﻠﻰ ﺍﻟﻨﺸﺎﻁﺎﺕ ﺍﻟﺘﺴﻭﻴﻘﻴﺔ ﻭﺍﻟﺘﺭﻭﻴﺠﻴﺔ ﻭﺍﻻﻋﻼﻤﻴﺔ
ﺍﻟﻤﺘﻌﻠﻘﺔ ﺒﺎﻟﺴﻴﺎﺤﺔ ﺍﻟﺨﺎﺭﺠﻴﺔ ﻭﺍﻟﻤﺤﻠﻴﺔ.
ﺍﻟﺒﻨﺩ 65
ﺴﻴﻘﻭﻡ ﻜل ﺠﺎﻨﺏ ﻭﻓﻘﺎ ﻟﻭﻻﻴﺘﻪ ﺒﺤﻤﺎﻴﺔ ﻭﺤﺭﺍﺴﺔ ﻭﻋﻨﺎﻴﺔ ﺍﻷﻤﺎﻜﻥ ﺍﻟﺘﺎﺭﻴﺨﻴﺔ ﻭﺍﻻﺜﺭﻴﺔ ﻭﺍﻟﺜﻘﺎﻓﻴﺔ
ﻭﺍﻟﺩﻴﻨﻴﺔ ﻭﻏﻴﺭﻫﺎ ﻤﻥ ﺍﻷﻤﺎﻜﻥ ﺍﻟﺴﻴﺎﺤﻴﺔ ﻭﻭﻀﻌﻬﺎ ﻭﻏﺎﻴﺎﺘﻬﺎ ﻜﻤﻘﺼﺩ ﻟﻠﺯﻭﺍﺭ.
ﺍﻟﺒﻨﺩ 66
ﻴﺤﺩﺩ ﻜل ﺠﺎﻨﺏ ﻭﺒﺸﻜل ﻤﻌﻘﻭل ﺴﺎﻋﺎﺕ ﻭﺃﻴﺎﻡ ﺯﻴﺎﺭﺓ ﻟﻸﻤﺎﻜﻥ ﺍﻟﺴﻴﺎﺤﻴﺔ ﻤﻥ ﺍﺠل ﺘﺴﻬﻴل ﺍﻟﺯﻴﺎﺭﺍﺕ
ﺍﻤﻜﺎﻨﻴﺎﺕ ﺯﻴﺎﺭﺍﺘﻬﺎ ﻋﻠﻰ ﺃﻭﺴﻊ ﻤﺩﻯ ﻤﻥ ﺍﻟﺴﺎﻋﺎﺕ ﻭﺍﻷﻴﺎﻡ، ﻤﻊ ﺍﻻﺨﺫ ﺒﺎﻻﻋﺘﺒﺎﺭ ﺍﻟﻌﻁل ﻭﺍﻻﺠﺎﺯﺍﺕ
ﺍﻟﺩﻴﻨﻴﺔ ﻭﺍﻟﻘﻭﻤﻴﺔ ﻭﻴﻘﻭﻡ ﻜل ﻁﺭﻑ ﺒﺎﻹﻋﻼﻥ ﻋﻥ ﻤﻭﺍﻋﻴﺩ ﺯﻴﺎﺭﺓ ﻫﺫﻩ ﺍﻟﻤﻭﺍﻗﻊ، ﺍﻴﺔ ﺘﻐﻴﻴﺭﺍﺕ ﺠﺫﺭﻴﺔ
ﻋﻠﻰ ﻫﺫﻩ ﺍﻟﻤﻭﺍﻋﻴﺩ ﻭﺃﻭﻗﺎﺕ ﺍﻟﺯﻴﺎﺭﺓ ﻴﺠﺏ ﺃﻥ ﺘﺄﺨﺫ ﺒﻌﻴﻥ ﺍﻻﻋﺘﺒﺎﺭ ﺒﺭﺍﻤﺞ ﺍﻟﺴﺎﺌﺤﻴﻥ ﺍﻟﺫﻱ ﺘﻡ
ﺍﻻﻟﺘﺯﺍﻡ ﺒﻪ ﻤﺴﺒﻘﺎ.
ﺍﻟﺒﻨﺩ 67
ﻴﺴﻤﺢ ﻟﻠﻤﺠﺎﻤﻼﺕ ﺍﻟﺴﻴﺎﺤﻴﺔ ﺃﻭ ﻷﻱ ﺸﻜل ﻤﻥ ﺃﺸﻜﺎل ﺍﻟﻨﻘل ﺍﻟﺴﻴﺎﺤﻲ ﺍﻟﻤﺨﻭل ﻤﻥ ﺃﻱ ﻤﻥ ﺍﺭﺍﻀﻲ
ﻜﻼ ﺍﻟﺠﺎﻨﺒﻴﻥ، ﻭﺍﻟﺘﻲ ﺘﺩﻴﺭﻫﺎ ﺸﺭﻜﺎﺕ ﻤﺴﺠﻠﺔ ﻭﻤﺭﺨﺼﺔ ﻟﺩﻴﻬﺎ ﻤﻥ ﺍﻟﺩﺨﻭل ﻭﻤﻭﺍﺼﻠﺔ ﺭﺤﻼﺘﻬﺎ
ﺩﺍﺨل ﺍﻻﺭﺍﻀﻲ ﺍﻟﻭﺍﻗﻌﺔ ﻓﻲ ﻭﻻﻴﺔ ﺍﻟﺠﺎﻨﺏ ﺍﻵﺨﺭ، ﻋﻠﻰ ﺃﻥ ﺘﻜﻭﻥ ﻫﺫﻩ ﺍﻟﺤﺎﻓﻼﺕ ﻭﺍﻟﻤﺭﻜﺒﺎﺕ
ﻤﺘﻭﺍﻓﻘﺔ ﻤﻊ ﺍﻟﻤﻭﺍﺼﻔﺎﺕ ﺍﻟﺩﻭﻟﻴﺔ ﺍﻟﻤﻁﺒﻘﺔ ﺤﺎﻟﻴﺎ، ﺠﻤﻴﻊ ﻫﺫﻩ ﺍﻟﻌﺭﺒﺎﺕ ﻴﺠﺏ ﺃﻥ ﺘﻜﻭﻥ ﻤﻌﻠﻤﺔ
ﺒﻭﻀﻭﺡ ﻋﻠﻰ ﺃﻨﻬﺎ ﻋﺭﺒﺎﺕ ﺴﻴﺎﺤﻴﺔ.
ﺍﻟﺒﻨﺩ 68
ﻴﺘﻭﻟﻰ ﻜل ﻁﺭﻑ ﺤﻤﺎﻴﺔ ﺍﻟﺒﻴﺌﺔ ﻭﺍﻟﻨﻅﺎﻡ ﺍﻟﺒﻴﺌﻲ ﻭﺍﻷﻤﺎﻜﻥ ﺍﻟﺴﻴﺎﺤﻴﺔ ﺍﻟﻭﺍﻗﻌﺔ ﺘﺤﺕ ﻭﻻﻴﺘﻪ، ﻭﻨﻅﺭﺍ
ﻷﻫﻤﻴﺔ ﺍﻟﺸﻭﺍﻁﺊ ﻭﺍﻟﻨﺸﺎﻁﺎﺕ ﺍﻟﺒﺤﺭﻴﺔ ﻟﻠﺴﻴﺎﺤﺔ، ﻓﻌﻠﻰ ﻜل ﺠﺎﻨﺏ ﺃﻥ ﻴﺒﺫل ﺃﻗﺼﻰ ﺠﻬﻭﺩﻩ ﻟﻠﺘﺄﻜﺩ
24ﺒﺄﻥ ﺍﻟﺘﻨﻤﻴﺔ ﻭﺍﻟﺒﻨﺎﺀ ﻋﻠﻰ ﺸﺎﻁﺊ ﺍﻟﺒﺤﺭ ﺍﻷﺒﻴﺽ ﺍﻟﻤﺘﻭﺴﻁ ﻭﺨﺎﺼﺔ ﻋﻠﻰ ﺍﻟﻤﻭﺍﻨﺊ (ﻤﺜﺎل ﻋﺴﻘﻼﻥ
ﻭﻏﺯﺓ) ﺘﺨﻁﻁ ﻭﺘﻨﻔﺫ ﺒﺸﻜل ﻻ ﻴﺅﺜﺭ ﻋﻜﺴﻴﺎ ﻋﻠﻰ ﺍﻟﺒﻴﺌﺔ ﺃﻭ ﻋﻠﻰ ﻤﻬﺎﻡ ﺍﻟﺸﻭﺍﻁﺊ ﻭﺍﻟﻤﻴﺎﻩ ﺍﻟﻤﺤﺎﺫﻴﺔ
ﻟﻠﺠﺎﻨﺏ ﺍﻵﺨﺭ.
ﺍﻟﺒﻨﺩ 69
ﺘﺘﻤﺘﻊ ﺸﺭﻜﺎﺕ ﺍﻟﺴﻴﺎﺤﺔ ﻭﻭﻜﺎﻻﺘﻬﺎ ﺍﻟﻤﺭﺨﺼﺔ ﻤﻥ ﺃﻱ ﻁﺭﻑ ﺒﺎﻟﻤﺴﺎﻭﺍﺓ ﻓﻲ ﺍﻟﻭﺼﻭل ﺍﻟﻰ
ﺍﻟﺘﺴﻬﻴﻼﺕ ﻭﺍﻟﻤﻨﺸﺄﺓ ﺫﺍﺕ ﺍﻟﺼﺒﻐﺔ ﺍﻟﺴﻴﺎﺤﻴﺔ ﻓﻲ ﻨﻘﺎﻁ ﺍﻟﻌﺒﻭﺭ ﻭﺍﻟﻤﻐﺎﺩﺭﺓ ﺍﻟﺤﺩﻭﺩﻴﺔ ﻁﺒﻘﺎ ﻷﻨﻅﻤﺔ
ﺍﻟﺴﻠﻁﺔ ﺍﻟﻤﺸﺭﻓﺔ ﻋﻠﻴﻬﺎ.
ﺍﻟﺒﻨﺩ 70
ﺃ- ﻟﻴﻘﻭﻡ ﻜل ﻁﺭﻑ ﺤﺴﺏ ﻗﻭﺍﻋﺩﻩ ﻭﺍﻨﻅﻤﺘﻪ ﺍﻟﺨﺎﺼﺔ ﺒﺘﺭﺨﻴﺹ ﻜﻼ ﺀ ﺍﻟﺴﻔﺭ ﻭﺸﺭﻜﺎﺕ ﺍﻟﺴﻴﺎﺤﺔ
ﻭﺍﻻﺩﻻﺀ ﺍﻟﺴﻴﺎﺤﻴﻴﻥ ﻭﻏﻴﺭ ﺫﻟﻙ ﻤﻥ ﺍﻻﻨﺸﻁﺔ ﺍﻟﺴﻴﺎﺤﻴﺔ (ﺘﻌﺘﺭﻑ ﻤﻥ ﺍﻵﻥ ﻓﺼﺎﻋﺩﺍ ﺒﺎﻟﻔﻌﺎﻟﻴﺎﺕ
ﺍﻟﺴﻴﺎﺤﻴﺔ) ﻓﻲ ﻤﻨﺎﻁﻕ ﻭﻻﻴﺘﻬﺎ. ﺏ- ﻴﺴﻤﺢ ﻟﻠﻔﻌﺎﻟﻴﺎﺕ ﺍﻟﺴﻴﺎﺤﻴﺔ ﺍﻟﻤﺨﻭﻟﺔ ﻤﻥ ﺃﻱ ﺠﺎﻨﺏ ﺒﺘﻨﻅﻴﻡ
ﺭﺤﻼﺕ ﺒﻤﺎ ﻓﻴﻬﺎ ﺍﻟﻤﻨﻁﻘﺔ ﺍﻟﻭﺍﻗﻌﺔ ﺘﺤﺕ ﻭﻻﻴﺔ ﺍﻟﻁﺭﻑ ﺍﻵﺨﺭ ﺸﺭﻴﻁﺔ ﺃﻥ ﻴﻜﻭﻥ ﺘﺨﻭﻴﻠﻬﺎ ﻭﻋﻤﻠﻴﺎﺘﻬﺎ
ﻭﻓﻘﺎ ﻟﻠﻘﻭﺍﻋﺩ ﻭﺍﻟﻤﺘﻁﻠﺒﺎﺕ ﻭﺍﻟﻤﻌﺎﻴﻴﺭ ﺍﻟﻤﻬﻨﻴﺔ ﺍﻟﻤﻭﺍﻓﻕ ﻋﻠﻴﻬﺎ ﻤﻥ ﻜﻼ ﺍﻟﺠﺎﻨﺒﻴﻥ ﻓﻲ ﺍﻟﻠﺠﻨﺔ ﺍﻟﻔﺭﻋﻴﺔ
ﺍﻟﻤﺸﺎﺭ ﺍﻟﻴﻬﺎ ﻓﻲ ﺍﻟﺒﻨﺩ (73). ﻭﻟﺤﻴﻥ ﺴﺭﻴﺎﻥ ﺍﻻﺘﻔﺎﻕ، ﻴﺴﻤﺢ ﻟﻠﻔﻌﺎﻟﻴﺎﺕ ﺍﻟﺴﻴﺎﺤﻴﺔ ﺍﻟﻘﺎﺌﻤﺔ ﻓﻲ
ﺍﻟﻤﻨﺎﻁﻕ ﻭﺍﻟﻤﺴﻤﻭﺡ ﺒﻬﺎ ﺒﺘﻨﻅﻴﻡ ﺭﺤﻼﺕ ﺘﺸﻤل ﺇﺴﺭﺍﺌﻴل ﺒﺎﻻﺴﺘﻤﺭﺍﺭ ﺒﺎﻟﻘﻴﺎﻡ ﺒﺫﻟﻙ ﻜﻤﺎ ﻴﺴﺘﻤﺭ
ﺍﻟﺴﻤﺎﺡ ﻟﻠﻔﻌﺎﻟﻴﺎﺕ ﺍﻟﺴﻴﺎﺤﻴﺔ ﺍﻹﺴﺭﺍﺌﻴﻠﻴﺔ ﺍﻟﻤﺨﻭﻟﺔ ﺒﺫﻟﻙ ﺒﺘﻨﻅﻴﻡ ﺭﺤﻼﺕ ﺘﺸﻤل ﺍﻟﻤﻨﺎﻁﻕ. ﻭﺒﺎﻹﻀﺎﻓﺔ
ﺍﻟﻰ ﺫﻟﻙ ﻴﺴﻤﺢ ﻻﻴﺔ ﻓﻌﺎﻟﻴﺔ ﺴﻴﺎﺤﻴﺔ ﻤﻥ ﺍﺤﺩ ﺍﻟﻁﺭﻓﻴﻥ ﺍﻟﻘﻴﺎﻡ ﺒﺘﻨﻅﻴﻡ ﺭﺤﻼﺕ ﺘﺸﻤل ﺍﻟﺠﺎﻨﺏ ﺍﻵﺨﺭ
ﺍﺫﺍ ﺸﻬﺩﺕ ﻟﻬﺎ ﺴﻠﻁﺎﺕ ﺍﻟﺴﻴﺎﺤﺔ ﻟﻠﺠﺎﻨﺏ ﺍﻵﺨﺭ ﺒﺄﻥ ﻫﺫﻩ ﺍﻟﻔﻌﺎﻟﻴﺔ ﺍﺴﺘﺠﺎﺒﺕ ﻟﺠﻤﻴﻊ ﺍﻟﻘﻭﺍﻋﺩ
ﻭﺍﻟﻤﻌﺎﻴﻴﺭ ﺍﻟﻤﻬﻨﻴﺔ ﺍﻟﻤﻁﻠﻭﺒﺔ.
ﺍﻟﺒﻨﺩ 71
ﻴﻀﻊ ﻜل ﻁﺭﻑ ﺘﺭﺘﻴﺒﺎﺘﻪ ﻟﺘﻌﻭﻴﺽ ﺍﻟﺴﻴﺎﺡ ﻋﻥ ﺍﻷﻀﺭﺍﺭ ﺍﻟﺠﺴﺩﻴﺔ ﻭﺍﻷﻀﺭﺍﺭ ﻓﻲ ﺍﻟﻤﻤﺘﻠﻜﺎﺕ
ﺍﻟﻨﺎﺠﻤﺔ ﻋﻥ ﺍﻟﻌﻨﻑ ﺍﻟﺴﻴﺎﺴﻲ ﻓﻲ ﺍﻟﻤﻨﺎﻁﻕ ﺍﻟﻭﺍﻗﻌﺔ ﺘﺤﺕ ﻭﻻﻴﺘﻪ.
ﺍﻟﺒﻨﺩ 72
ﺘﺠﺘﻤﻊ ﺍﻟﻠﺠﻨﺔ ﺍﻻﻗﺘﺼﺎﺩﻴﺔ ﺍﻟﻤﺸﺘﺭﻜﺔ "jec" ﺃﻭ ﻟﺠﻨﺔ ﺴﻴﺎﺤﻴﺔ ﻓﺭﻋﻴﺔ ﺘﻨﺸﺄ ﻋﻨﻬﺎ ﺒﻨﺎﺀ ﻋﻠﻰ ﻁﻠﺏ
ﺃﻱ ﻤﻥ ﺍﻟﺠﺎﻨﺒﻴﻥ ﻟﻤﻨﺎﻗﺸﺔ ﺘﻁﺒﻴﻕ ﺍﺤﻜﺎﻡ ﻫﺫﻩ ﺍﻟﻤﺎﺩﺓ ﻭﺤل ﺍﻟﻤﺸﺎﻜل ﺍﻟﺘﻲ ﻗﺩ ﺘﻅﻬﺭ. ﻜﻤﺎ ﺘﺒﺤﺙ
ﻭﺘﻨﻅﺭ ﺍﻟﻠﺠﻨﺔ ﺍﻟﺴﻴﺎﺤﻴﺔ ﺍﻟﻔﺭﻋﻴﺔ ﺃﻴﻀﺎ ﻓﻲ ﺠﻤﻴﻊ ﺍﻟﻘﻀﺎﻴﺎ ﺍﻟﺴﻴﺎﺤﻴﺔ ﺫﺍﺕ ﺍﻟﻔﺎﺌﺩﺓ ﻟﻠﺠﺎﻨﺒﻴﻥ. ﻭﺘﻌﻤل
ﻋﻠﻰ ﺘﺭﻭﻴﺞ ﺒﺭﺍﻤﺞ ﺘﻌﻠﻴﻤﻴﺔ ﻟﻠﻔﻌﺎﻟﻴﺎﺕ ﺍﻟﺴﻴﺎﺤﻴﺔ ﻟﻜﻼ ﺍﻟﺠﺎﻨﺒﻴﻥ ﻤﻥ ﺍﺠل ﺘﺤﺴﻴﻥ ﺍﻟﻤﻌﺎﻴﻴﺭ ﺍﻟﻤﻬﻨﻴﺔ
25ﻭﺍﺨﻼﻗﻴﺎﺘﻬﺎ ﻴﺤﺎل ﺍﻟﻰ ﻫﺫﻩ ﺍﻟﻠﺠﻨﺔ ﺍﻟﺸﻜﺎﻭﻯ ﺍﻟﻤﻘﺩﻤﺔ ﻤﻥ ﺍﺤﺩ ﺍﻟﺠﺎﻨﺒﻴﻥ ﻀﺩ ﺘﺼﺭﻓﺎﺕ ﺃﻱ ﻤﻥ
ﺍﻟﻔﻌﺎﻟﻴﺎﺕ ﺍﻟﺴﻴﺎﺤﻴﺔ ﻓﻲ ﺍﻟﻁﺭﻑ ﺍﻵﺨﺭ

[م .نبيل زبن]

ﺍﻟﺒﻨﺩ 73
ﻗﻀﺎﻴﺎ ﺍﻟﺘﺄﻤﻴﻥ: ﺃ- ﻴﺘﻡ ﺘﺤﻭﻴل ﺍﻟﺼﻼﺤﻴﺎﺕ ﻭﺍﻟﺴﻠﻁﺎﺕ ﻭﺍﻟﻤﺴﺅﻭﻟﻴﺎﺕ ﻓﻲ ﻤﺠﺎل ﺍﻟﺘﺄﻤﻴﻥ ﺒﺎﻟﻤﻨﺎﻁﻕ
ﻭﺒﻀﻤﻥ ﻤﺎ ﺘﺸﻤل، ﺍﻟﺘﺭﺨﻴﺹ ﻟﻠﻤﺅﻤﻨﻴﻥ ﻭﻟﻭﻜﻼﺀ ﺍﻟﺘﺄﻤﻴﻥ ﻭﺍﻻﺸﺭﺍﻑ ﻋﻠﻰ ﻨﺸﺎﻁﺎﺘﻬﻡ ﺍﻟﻰ ﺍﻟﺴﻠﻁﺔ
ﺍﻟﻔﻠﺴﻁﻴﻨﻴﺔ. ﺏ- ﺴﺘﺤﺎﻓﻅ ﺍﻟﺴﻠﻁﺔ ﺍﻟﻔﻠﺴﻁﻴﻨﻴﺔ ﻋﻠﻰ ﻨﻅﺎﻡ ﺘﻌﻭﻴﺽ ﺍﻟﺯﺍﻤﻲ ﻤﻁﻠﻕ ﻟﻀﺤﺎﻴﺎ ﺤﻭﺍﺩﺙ
ﺍﻟﻁﺭﻕ ﺒﺴﻘﻑ ﻋﻠﻰ ﻤﺒﻠﻎ ﺘﻌﻭﻴﻀﺎﺕ ﻴﺴﺘﻨﺩ ﺍﻟﻰ ﺍﻟﻤﺒﺎﺩﺉ ﺍﻟﺘﺎﻟﻴﺔ: 1- ﺍﻟﺘﺯﺍﻡ ﻤﻁﻠﻕ ﻋﻥ ﺍﻟﻭﻓﻴﺎﺕ ﺃﻭ
ﺍﻻﺼﺎﺒﺎﺕ ﺍﻟﺠﺴﺩﻴﺔ ﻟﻀﺤﺎﻴﺎ ﺤﺎﺩﺙ ﺍﻟﻁﺭﻕ، ﻭﻟﻴﺱ ﻤﻬﻤﺎ ﺍﺫﺍ ﻜﺎﻥ ﺍﻟﺨﻁﺄ ﻨﺎﺘﺠﺎ ﻋﻥ ﺍﻟﺴﺎﺌﻕ ﻭﺴﻭﺍﺀ
ﻜﺎﻥ ﻫﻨﺎﻙ ﺨﻁﺄ ﺃﻡ ﻻ، ﻤﺴﺎﻫﻤﺔ ﺁﺨﺭﻴﻥ ﺒﻬﺫﺍ ﺍﻟﺨﻁﺄ ﻭﻜل ﺴﺎﺌﻕ ﻴﻜﻭﻥ ﻤﺴﺅﻭﻻ ﻋﻥ ﺍﻷﺸﺨﺎﺹ
ﺍﻟﻤﺴﺎﻓﺭﻴﻥ ﻓﻲ ﺴﻴﺎﺭﺘﻪ ﻭﻋﻥ ﺍﻟﻤﺸﺎﺓ ﺍﻟﺫﻴﻥ ﻴﺼﺩﻤﻬﻡ ﺒﺴﻴﺎﺭﺘﻪ. 2- ﺘﺄﻤﻴﻥ ﺍﻟﺯﺍﻤﻲ ﻟﻜل ﺍﻟﺴﻴﺎﺭﺍﺕ
ﻴﻐﻁﻲ ﺍﻟﻭﻓﻴﺎﺕ ﻭﺍﻻﻀﺭﺍﺭ ﺍﻟﺠﺴﺩﻱ ﻟﺠﻤﻴﻊ ﺍﻟﻀﺤﺎﻴﺎ ﺍﻟﻨﺎﺠﻤﺔ ﻋﻥ ﺤﺎﺩﺙ ﻁﺭﻕ ﻴﺸﻤل ﺍﻟﺴﺎﺌﻘﻴﻥ. 3
- ﻻ ﺩﺍﻋﻲ ﻟﻘﻀﺎﻴﺎ ﺠﺯﺍﺌﻴﺔ ﻓﻲ ﺤﺎﻟﺔ ﻭﻓﺎﺓ ﺃﻭ ﺍﺼﺎﺒﺔ ﻨﺎﺠﻤﺔ ﻋﻥ ﺤﺎﺩﺙ ﻁﺭﻕ. 4- ﺍﻟﺤﻔﺎﻅ ﻋﻠﻰ
ﺼﻨﺩﻭﻕ ﻗﺎﻨﻭﻨﻲ "ﻤﻥ ﺍﻵﻥ ﻓﺼﺎﻋﺩﺍ- ﺍﻟﺼﻨﺩﻭﻕ) ﻟﺘﻌﻭﻴﺽ ﻀﺤﺎﻴﺎ ﺤﻭﺍﺩﺙ ﺍﻟﻁﺭﻕ ﻏﻴﺭ ﺍﻟﻘﺎﺩﺭﻴﻥ
ﻋﻠﻰ ﻤﻁﺎﻟﺒﺔ ﺍﻟﻤﺅﻤﻥ ﺒﺘﻌﻭﻴﻀﺎﺕ ﻟﻸﺴﺒﺎﺏ ﺍﻟﺘﺎﻟﻴﺔ: - ﺍﻟﺴﺎﺌﻕ ﺍﻟﻤﻠﺯﻡ ﺒﺩﻓﻊ ﺍﻟﺘﻌﻭﻴﻀﺎﺕ ﻤﺠﻬﻭل. -
ﺍﻟﺴﺎﺌﻕ ﻏﻴﺭ ﻤﺅﻤﻥ ﺃﻭ ﺃﻥ ﺘﺄﻤﻴﻨﻪ ﻻ ﻴﻐﻁﻲ ﻤﺴﺅﻭﻟﻴﺘﻪ. - ﺍﻟﻤﺅﻤﻥ ﻏﻴﺭ ﻗﺎﺩﺭ ﻋﻠﻰ ﺩﻓﻊ ﺍﻟﺘﺯﺍﻤﺎﺘﻪ.
ﺝ- ﺴﻴﻜﻭﻥ ﻟﻠﺸﺭﻭﻁ ﻓﻲ ﻫﺫﻩ ﺍﻟﻤﺎﺩﺓ ﻨﻔﺱ ﺍﻟﻤﻌﻨﻰ ﻜﻤﺎ ﻓﻲ ﺍﻟﺘﺸﺭﻴﻌﺎﺕ ﺍﻟﺴﺎﺌﺩﺓ ﻋﻨﺩ ﺘﺎﺭﻴﺦ ﺘﻭﻗﻴﻊ
ﺍﻻﺘﻔﺎﻕ ﺍﻟﻤﺘﻌﻠﻕ ﺒﺘﺄﻤﻴﻥ ﺍﻟﻌﺭﺒﺎﺕ ﺍﻻﻟﺯﺍﻤﻲ، ﻭﺍﻟﺘﻌﻭﻴﺽ ﻟﻀﺤﺎﻴﺎ ﺤﻭﺍﺩﺙ ﺍﻟﻁﺭﻕ. ﺩ- ﺃﻱ ﺘﻐﻴﻴﺭ
ﻤﻥ ﺃﻱ ﺠﺎﻨﺏ ﻟﻠﻘﻭﺍﻋﺩ ﻭﺍﻻﻨﻅﻤﺔ ﺍﻟﻤﺘﻌﻠﻘﺔ ﺒﺘﻁﺒﻴﻕ ﺍﻟﻤﺒﺎﺩﺉ ﺍﻟﻤﺫﻜﻭﺭﺓ ﺍﻋﻼﻩ ﻴﺘﻁﻠﺏ ﺍﺸﻌﺎﺭﺍ ﻤﺴﺒﻘﺎ
ﻟﻠﺠﺎﻨﺏ ﺍﻵﺨﺭ، ﺃﻤﺎ ﺍﻟﺘﻐﻴﻴﺭ ﺍﻟﺫﻱ ﻗﺩ ﻴﺅﺜﺭ ﺠﻭﻫﺭﻴﺎ ﻋﻠﻰ ﺍﻟﺠﺎﻨﺏ ﺍﻵﺨﺭ ﻓﻴﺘﻁﻠﺏ ﺍﺸﻌﺎﺭﺍ ﻤﺴﺒﻘﺎ ﻗﺒل
ﺜﻼﺜﺔ ﺃﺸﻬﺭ ﻋﻠﻰ ﺍﻻﻗل.
ﺍﻟﺒﻨﺩ 74
ﺃ- ﻋﻨﺩ ﺍﻟﺘﻭﻗﻴﻊ ﻋﻠﻰ ﺍﻻﺘﻔﺎﻕ، ﺴﺘﻨﺸﺊ ﺍﻟﺴﻠﻁﺔ ﺍﻟﻔﻠﺴﻁﻴﻨﻲ ﺼﻨﺩﻭﻗﺎ ﻟﻠﻤﻨﺎﻁﻕ (ﻤﻥ ﺍﻵﻥ ﻓﺼﺎﻋﺩﺍ
ﺍﻟﺼﻨﺩﻭﻕ ﺍﻟﻔﻠﺴﻁﻴﻨﻲ) ﻟﻼﻏﺭﺍﺽ ﺍﻟﻤﻔﺼﻠﺔ ﻓﻲ ﺍﻟﻔﻘﺭﺓ (ﺏ ﻭ 4) ﺍﻋﻼﻩ ﻭﻟﻼﻏﺭﺍﺽ ﺍﻟﻤﻔﺼﻠﺔ
ﺃﺩﻨﺎﻩ، ﺴﻴﺘﻭﻟﻰ ﺍﻟﺼﻨﺩﻭﻕ ﺍﻟﻔﻠﺴﻁﻴﻨﻲ ﻤﺴﺅﻭﻟﻴﺔ ﺼﻨﺩﻭﻕ ﺘﻌﻭﻴﺽ ﻀﺤﺎﻴﺎ ﺤﻭﺍﺩﺙ ﺍﻟﻁﺭﻕ ﻓﻲ
ﺍﻟﻀﻔﺔ ﺍﻟﻐﺭﺒﻴﺔ ﻭﻗﻁﺎﻉ ﻏﺯﺓ Road Acc ident victims compensation fund in the" .
) "west bank and the Gaza stripﻴﺴﻤﻰ ﻤﻥ ﺍﻵﻥ ﻓﺼﺎﻋﺩﺍ ﺍﻟﺼﻨﺩﻭﻕ ﺍﻟﻘﺎﺌﻡ) ﺨﺎﺹ
ﺒﺎﻟﻤﻨﺎﻁﻕ ﻭﻓﻘﺎ ﻟﻠﻘﺎﻨﻭﻥ ﺍﻟﺴﺎﺌﺩ ﻓﻲ ﺫﻟﻙ ﺍﻟﻭﻗﺕ. ﻭﻋﻠﻴﻪ ﺴﺘﻨﺘﻬﻲ ﻤﺴﺅﻭﻟﻴﺔ ﺍﻟﺼﻨﺩﻭﻕ ﺍﻟﻘﺎﺌﻡ ﻋﻥ ﺃﻱ
ﺍﻟﺘﺯﺍﻡ ﻴﺘﻌﻠﻕ ﺒﺤﻭﺍﺩﺙ ﺘﻘﻊ ﻓﻲ ﺍﻟﻤﻨﺎﻁﻕ ﻤﻥ ﺘﺎﺭﻴﺦ ﺘﻭﻗﻴﻊ ﺍﻻﺘﻔﺎﻕ. ﺏ- ﺍﻟﺼﻨﺩﻭﻕ ﺍﻟﻘﺎﺌﻡ ﺴﻴﺤﻭل
26ﻟﻠﺼﻨﺩﻭﻕ ﺍﻟﻔﻠﺴﻁﻴﻨﻲ، ﺒﻌﺩ ﺘﻭﻟﻲ ﺍﻟﻤﺴﺅﻭﻟﻴﺎﺕ ﺍﻟﻤﻨﺎﻁﺔ ﺒﻪ ﻭﺍﻟﻤﺫﻜﻭﺭﺓ ﺍﻋﻼﺓ، ﺍﻗﺴﺎﻁ ﺍﻟﺘﺄﻤﻴﻥ
ﺍﻟﻤﺩﻓﻭﻋﺔ ﻟﻠﺼﻨﺩﻭﻕ ﺍﻟﻘﺎﺌﻡ ﻤﻥ ﺍﻟﻤﺅﻤﻨﻴﻥ ﻋﻠﻰ ﺍﻟﺴﻴﺎﺭﺍﺕ ﺍﻟﻤﺴﺠﻠﺔ ﻓﻲ ﺍﻟﻤﻨﺎﻁﻕ ﻭﻓﻘﺎ ﻟﺤﺼﺔ ﻜل
ﺒﻭﻟﻴﺼﺔ ﺘﺄﻤﻴﻥ ﻏﻴﺭ ﻤﻨﺘﻬﻴﺔ ﺍﻟﻤﻔﻌﻭل.
ﺍﻟﺒﻨﺩ 75
ﺴﺘﻜﻭﻥ ﺒﻭﻟﻴﺼﺎﺕ ﺍﻟﺘﺄﻤﻴﻥ ﺍﻻﻟﺯﺍﻤﻲ ﻋﻠﻰ ﺍﻟﻌﺭﺒﺎﺕ ﺍﻟﺼﺎﺩﺭﺓ ﻟﻠﻤﺅﻤﻨﻴﻥ ﺍﻟﻤﺭﺨﺼﻴﻥ ﻤﻥ ﺃﻱ ﺠﺎﻨﺏ
ﺼﺎﻟﺤﺔ ﻓﻲ ﻤﻨﺎﻁﻕ ﺍﻟﺠﺎﻨﺒﻴﻥ. ﻭﻋﻠﻴﻪ، ﻓﺈﻥ ﺃﻱ ﻋﺭﺒﺔ ﻤﺴﺠﻠﺔ ﻟﺩﻯ ﺍﺤﺩ ﺍﻟﺠﺎﻨﺒﻴﻥ ﻭﻤﻐﻁﺎﺓ ﺒﻤﺜل ﻫﺫﻩ
ﺍﻟﺒﻭﻟﻴﺼﺔ ﻟﻥ ﺘﻁﺎﻟﺏ ﺒﺎﻟﺤﺼﻭل ﻋﻠﻰ ﺘﺄﻤﻴﻥ ﺍﻀﺎﻓﻲ ﻟﻠﺴﻔﺭ ﻓﻲ ﺍﻟﻤﻨﺎﻁﻕ ﺍﻟﺨﺎﻀﻌﺔ ﻟﻭﻻﻴﺔ ﺍﻟﺠﺎﻨﺏ
ﺍﻵﺨﺭ، ﻭﺴﺘﻐﻁﻰ ﻫﺫﻩ ﺍﻟﺒﻭﺍﻟﺹ ﻜل ﺍﻻﻟﺘﺯﺍﻤﺎﺕ ﺤﺴﺏ ﺍﻟﺘﺸﺭﻴﻊ ﻓﻲ ﻤﻜﺎﻥ ﻭﻗﻭﻉ ﺍﻟﺤﺎﺩﺙ. ﺏ-
ﻭﻤﻥ ﺍﺠل ﺘﻐﻁﻴﺔ ﺠﺯﺀ ﻤﻥ ﺍﻻﻟﺘﺯﺍﻤﺎﺕ ﻤﺎ ﻴﻤﻜﻥ ﺃﻥ ﺘﻨﺠﻡ ﻋﻥ ﺤﻭﺍﺩﺙ ﻁﺭﻕ ﻓﻲ ﺇﺴﺭﺍﺌﻴل، ﻤﻥ
ﻗﺒل ﻋﺭﺒﺎﺕ ﻏﻴﺭ ﻤﺅﻤﻨﺔ ﻭﻤﺴﺠﻠﺔ ﻋﻨﺩ ﺍﻟﺴﻠﻁﺔ ﺍﻟﻔﻠﺴﻁﻴﻨﻴﺔ، ﻓﺈﻥ ﺍﻟﺼﻨﺩﻭﻕ ﺍﻟﻔﻠﺴﻁﻴﻨﻲ ﺴﻴﺤﻭل ﺍﻟﻰ
ﺍﻟﺼﻨﺩﻭﻕ ﺍﻹﺴﺭﺍﺌﻴﻠﻲ ﺸﻬﺭﻴﺎ، ﻭﻟﻜل ﺴﻴﺎﺭﺓ ﻤﺅﻤﻨﺔ ﻤﺒﻠﻐﺎ ﻴﺴﺎﻭﻱ 30 ﺒﺎﻟﻤﺎﺌﺔ ﻤﻥ ﺍﻟﻤﺒﻠﻎ ﺍﻟﻤﺩﻓﻭﻉ
ﻟﻠﺼﻨﺩﻭﻕ ﺍﻹﺴﺭﺍﺌﻴﻠﻲ ﻤﻥ ﻗﺒل ﻤﺅﻤﻥ ﻤﺴﺠل ﻓﻲ ﺇﺴﺭﺍﺌﻴل ﻟﻨﻔﺱ ﻨﻭﻉ ﺍﻟﺴﻴﺎﺭﺓ ﻭﻟﻨﻔﺱ ﻓﺘﺭﺓ ﺍﻟﺘﺄﻤﻴﻥ
(ﺍﻟﺘﻲ ﻻ ﺘﻘل ﻋﻥ 90 ﻴﻭﻤﺎ).
ﺍﻟﺒﻨﺩ 76
ﺍﻟﺤﺎﻻﺕ ﺍﻟﺘﻲ ﺘﺭﻏﺏ ﻓﻴﻬﺎ ﺍﺤﺩ ﻀﺤﺎﻴﺎ ﺤﻭﺍﺩﺙ ﺍﻟﻁﺭﻕ ﺒﻁﻠﺏ ﺘﻌﻭﻴﻀﺎﺕ ﻤﻥ ﻤﺅﻤﻥ ﻤﺴﺠل ﻟﺩﻯ
ﺍﻟﺠﺎﻨﺏ ﺍﻵﺨﺭ ﺃﻭ ﻤﻥ ﺼﻨﺩﻭﻕ ﺍﻟﺠﺎﻨﺏ ﺍﻵﺨﺭ، ﺃﻭ ﻓﻲ ﺤﺎﻻﺕ ﻤﻘﺎﻀﺎﺓ ﺴﺎﺌﻕ ﺃﻭ ﺼﺎﺤﺏ ﺴﻴﺎﺭﺓ
ﺒﻭﺍﺴﻁﺔ ﻀﺤﻴﺔ ﺃﻭ ﻤﺅﻤﻥ ﺼﻨﺩﻭﻕ ﺍﻟﺠﺎﻨﺏ ﺍﻵﺨﺭ، ﻴﻤﻜﻥ ﻟﻪ ﺃﻥ ﻴﺭﺸﺢ ﺍﻟﺼﻨﺩﻭﻕ ﻓﻲ ﺠﺎﻨﺒﻪ
ﻜﻭﻜﻴل ﻋﻨﻪ ﻟﻬﺫﺍ ﺍﻟﻐﺭﺽ. ﻭﻴﻤﻜﻥ ﻟﻠﺼﻨﺩﻭﻕ ﺍﻟﻤﺭﺸﺢ ﺃﻥ ﻴﺘﺼل ﺒﺄﻱ ﻁﺭﻑ ﺫﻱ ﻋﻼﻗﺔ ﻓﻲ
ﺍﻟﺠﺎﻨﺏ ﺍﻵﺨﺭ ﻤﺒﺎﺸﺭﺓ ﺃﻭ ﻤﻥ ﺨﻼل ﺼﻨﺩﻭﻕ ﺍﻟﺠﺎﻨﺏ ﺍﻵﺨﺭ.
ﺍﻟﺒﻨﺩ 77
ﻓﻲ ﺤﺎﻟﺔ ﻭﻗﻭﻉ ﺤﺎﺩﺙ ﻁﺭﻕ ﺘﻜﻭﻥ ﺍﺭﻗﺎﻡ ﺘﺴﺠﻴل ﺍﻟﺴﻴﺎﺭﺓ ﺃﻭ ﻫﻭﻴﺔ ﺴﺎﺌﻘﻬﺎ ﻏﻴﺭ ﻤﺠﻬﻭﻟﺔ، ﻓﺈﻥ
ﺼﻨﺩﻭﻕ ﺍﻟﺠﺎﻨﺏ ﺍﻟﺫﻱ ﻭﻗﻊ ﺍﻟﺤﺎﺩﺙ ﻓﻲ ﻤﻨﻁﻘﺔ ﻭﻻﻴﺘﻪ ﺴﻭﻑ ﻴﻌﻭﺽ ﺍﻟﻀﺤﻴﺔ ﺤﺴﺏ ﺘﺸﺭﻴﻌﻪ.
ﺍﻟﺒﻨﺩ 78
ﻴﻜﻭﻥ ﺼﻨﺩﻭﻕ ﻜل ﺠﺎﻨﺏ ﻤﺴﺅﻭﻻ ﺘﺠﺎﻩ ﻀﺤﺎﻴﺎ ﺍﻟﺠﺎﻨﺏ ﺍﻵﺨﺭ ﻋﻥ ﺃﻱ ﺍﻟﺘﺯﺍﻡ ﻟﻤﺅﻤﻨﻲ ﺠﺎﻨﺒﻪ ﻓﻴﻤﺎ
ﻴﺘﻌﻠﻕ ﺒﺎﻟﺘﺄﻤﻴﻥ ﺍﻻﻟﺯﺍﻤﻲ ﻭﺴﻭﻑ ﻴﻀﻤﻥ ﺍﻟﺘﺯﺍﻤﺎﺘﻬﻡ.
27ﺍﻟﺒﻨﺩ 79
ﺴﻴﻀﻤﻥ ﻜل ﺠﺎﻨﺏ ﺍﻟﺘﺯﺍﻤﺎﺕ ﺼﻨﺩﻭﻗﻪ ﻭﻓﻘﺎ ﻟﻬﺫﻩ ﺍﻟﻤﺎﺩﺓ.
ﺍﻟﺒﻨﺩ 80
ﺴﻴﺘﻔﺎﻭﺽ ﺍﻟﺠﺎﻨﺒﺎﻥ ﻓﻲ ﻏﻀﻭﻥ ﺜﻼﺜﺔ ﺃﺸﻬﺭ ﻤﻥ ﺘﺎﺭﻴﺦ ﺘﻭﻗﻴﻊ ﺍﻻﺘﻔﺎﻕ ﻋﻠﻰ ﺍﺒﺭﺍﻡ ﺍﺘﻔﺎﻗﻴﺔ ﻓﺼل
ﺒﻴﻥ ﺍﻟﺼﻨﺩﻭﻕ ﺍﻟﻘﺎﺌﻡ ﻭﺍﻟﺼﻨﺩﻭﻕ ﺍﻟﻔﻠﺴﻁﻴﻨﻲ ﻓﻴﻤﺎ ﻴﺘﻌﻠﻕ ﺒﺎﻟﺤﻭﺍﺩﺙ ﺍﻟﺘﻲ ﻭﻗﻌﺕ ﻓﻲ ﺍﻟﻤﻨﺎﻁﻕ ﻗﺒل
ﺘﺎﺭﻴﺦ ﺘﻭﻗﻴﻊ ﺍﻻﺘﻔﺎﻕ، ﺴﻭﺍﺀ ﺘﻡ ﺍﻻﺒﻼﻍ ﻋﻥ ﺍﻟﻤﻁﺎﻟﺒﺎﺕ ﺃﻡ ﻻ . ﺍﺘﻔﺎﻗﻴﺔ ﺍﻟﻔﺼل ﺴﻭﻑ ﻟﻥ ﺘﺸﻤل
ﺘﻌﻭﻴﺽ ﻟﻀﺤﺎﻴﺎ ﺇﺴﺭﺍﺌﻴﻠﻴﻴﻥ ﻤﺘﻭﺭﻁﻴﻥ ﻓﻲ ﺤﻭﺍﺩﺙ ﻭﻗﻌﺕ ﻓﻲ ﺍﻟﻤﻨﺎﻁﻕ ﻗﺒل ﺘﺎﺭﻴﺦ ﺘﻭﻗﻴﻊ ﺍﻻﺘﻔﺎﻕ.
ﺍﻟﺒﻨﺩ 81
ﺃ- ﺴﻴﻨﺸﺊ ﺍﻟﺠﺎﻨﺒﺎﻥ ﻋﻨﺩ ﺍﻟﺘﻭﻗﻴﻊ ﻋﻠﻰ ﺍﻻﺘﻔﺎﻕ ﻟﺠﻨﺔ ﺨﺒﺭﺍﺀ ﻓﺭﻋﻴﺔ (ﻴﺸﺎﺭ ﺇﻟﻴﻬﺎ ﻤﻥ ﺍﻵﻥ ﻓﺼﺎﻋﺩﺍ
ﺒﺎﻟﻠﺠﻨﺔ ﺍﻟﻔﺭﻋﻴﺔ)، ﺍﻟﺘﻲ ﺴﺘﻌﺎﻟﺞ ﺍﻟﻘﻀﺎﻴﺎ ﺍﻟﻤﺘﻌﻠﻘﺔ ﺒﺘﻁﺒﻴﻕ ﻫﺫﻩ ﺍﻟﻤﺎﺩﺓ ﺒﻤﺎ ﻓﻲ ﺫﻟﻙ: 1- ﺇﺠﺭﺍﺀﺍﺕ
ﺘﺘﻌﻠﻕ ﺒﺈﺩﺍﺭﺓ ﻤﻁﺎﻟﺏ ﻀﺤﺎﻴﺎ ﺃﺤﺩ ﺍﻟﺠﺎﻨﺒﻴﻥ ﻤﻥ ﺍﻟﻤﺅﻤﻨﻴﻥ ﺃﻭ ﻤﻥ ﺼﻨﺩﻭﻕ ﺍﻟﻁﺭﻑ ﺍﻵﺨﺭ. 2-
ﺇﺠﺭﺍﺀﺍﺕ ﺘﺘﻌﻠﻕ ﺒﺘﺤﻭﻴل ﺍﻟﻤﺒﺎﻟﻎ ﺒﻴﻥ ﺼﻨﺩﻭﻗﻲ ﺍﻟﺠﺎﻨﺒﻴﻥ ﻜﻤﺎ ﻫﻭ ﻤﺫﻜﻭﺭ ﻓﻲ ﺍﻟﻔﻘﺭﺓ (4) ﺍﻋﻼﻩ. 3
- ﺘﻔﺎﺼﻴل ﺍﺘﻔﺎﻗﻴﺔ ﺍﻟﻔﺼل ﺒﻴﻥ ﺍﻟﺼﻨﺩﻭﻕ ﺍﻟﻘﺎﺌﻡ ﻭﺍﻟﺼﻨﺩﻭﻕ ﺍﻟﻔﻠﺴﻁﻴﻨﻲ ﻜﻤﺎ ﺫﻜﺭﺕ ﻓﻲ ﺍﻟﻔﻘﺭﺓ (51)
ﺃﻋﻼﻩ. 4- ﺃﻴﺔ ﻗﻀﻴﺔ ﺃﺨﺭﻯ ﺫﺍﺕ ﻋﻼﻗﺔ ﻴﺜﻴﺭﻫﺎ ﺃﺤﺩ ﺍﻟﺠﺎﻨﺒﻴﻥ. 5- ﺴﺘﻌﻤل ﺍﻟﻠﺠﻨﺔ ﺍﻟﻔﺭﻋﻴﺔ ﻜﻠﺠﻨﺔ
ﻤﺴﺘﻤﺭﺓ ﻟﻠﻘﻀﺎﻴﺎ ﺍﻟﻤﺘﻌﻠﻘﺔ ﺒﻬﺫﻩ ﺍﻟﻤﺎﺩﺓ. 6- ﺴﻴﺘﺒﺎﺩل ﺍﻟﺠﺎﻨﺒﺎﻥ ﻤﻥ ﺨﻼل ﺍﻟﻠﺠﻨﺔ ﺍﻟﻔﺭﻋﻴﺔ،
ﺍﻟﻤﻌﻠﻭﻤﺎﺕ ﺫﺍﺕ ﺍﻟﻌﻼﻗﺔ ﺒﺘﻁﺒﻴﻕ ﻫﺫﻩ ﺍﻟﻤﺎﺩﺓ، ﺒﻤﺎ ﻓﻲ ﺫﻟﻙ ﺘﻘﺎﺭﻴﺭ ﺍﻟﺸﺭﻁﺔ، ﻭﺍﻟﻤﻌﻠﻭﻤﺎﺕ ﺍﻟﻁﺒﻴﺔ،
ﻭﺍﻹﺤﺼﺎﺀﺍﺕ ﺍﻟﻤﻬﻤﺔ ﻭﺃﻗﺴﺎﻁ ﺍﻟﺘﺄﻤﻴﻥ ﺍﻟﺦ.
ﺍﻟﺒﻨﺩ 82
ﺒﺎﻹﻤﻜﺎﻥ ﺃﻥ ﻴﻁﺎﻟﺏ ﻜل ﺠﺎﻨﺏ ﺇﻋﺎﺩﺓ ﻓﺤﺹ ﺍﻟﺘﺭﺘﻴﺒﺎﺕ ﺍﻟﻭﺍﺭﺩﺓ ﻓﻲ ﻫﺫﻩ ﺍﻟﻤﺎﺩﺓ ﺒﻌﺩ ﻋﺎﻡ ﻤﻥ ﺘﻭﻗﻴﻊ
ﺍﻻﺘﻔﺎﻕ ﺍﻻﻗﺘﺼﺎﺩﻱ.
ﺍﻟﺒﻨﺩ 83
ﺒﺈﻤﻜﺎﻥ ﺍﻟﻤﺅﻤﻨﻭﻥ ﻤﻥ ﻜل ﺠﺎﻨﺏ ﺍﻟﺘﻘﺩﻡ ﺒﻁﻠﺏ ﺇﻟﻰ ﺍﻟﺴﻠﻁﺎﺕ ﺫﺍﺕ ﺍﻟﻌﻼﻗﺔ ﻟﻠﺤﺼﻭل ﻋﻠﻰ ﺭﺨﺼﺔ
ﻤﻥ ﺴﻠﻁﺔ ﺍﻟﺠﺎﻨﺏ ﺍﻵﺨﺭ، ﻭﻓﻘﺎ ﻟﻠﻘﻭﺍﻋﺩ ﻭﺍﻷﻨﻅﻤﺔ ﺍﻟﻤﺘﻌﻠﻘﺔ ﺒﺎﻟﻤﺅﻤﻨﻴﻥ ﺍﻷﺠﺎﻨﺏ ﻓﻲ ﺍﻟﺠﺎﻨﺏ ﺍﻵﺨﺭ.
ﻴﻭﺍﻓﻕ ﺍﻟﺠﺎﻨﺒﺎﻥ ﻋﻠﻰ ﻋﺩﻡ ﺍﻟﺘﻤﻴﻴﺯ ﻀﺩ ﻤﻘﺩﻤﻲ ﺍﻟﻁﻠﺒﺎﺕ.
28

[م .نبيل زبن]

Agreement on preparatory transfer of powers & responsibilities
August 29* 1994
The Government of the State of Israel and the Palestine Liberation Organization
(hereinafter "the PLO")* the representative of the Palestinian people;
PREAMBLE
WITHIN the framework of the Middle East peace process initiated at Madrid in
October 1991;
REAFFIRMING their determination to live in peaceful coexistence* mutual dignity
and security* while recognizing their mutual legitimate and political rights;
REAFFIRMING their desire to achieve a just* lasting and comprehensive peace
settlement through the agreed political process;
REAFFIRMING their adherence to the mutual recognition and commitments
expressed in the letters dated September 9* 1993* signed by and exchanged between
the Prime Minister of Israel and the Chairman of the PLO;
REAFFIRMING their understanding that the interim self-government arrangements*
including the preparatory arrangements to apply in the West Bank contained in this
Agreement* are an integral part of the whole peace process and that the negotiations
on the permanent status will lead to the implementation of Security Council
Resolutions 242 and 338;
FOLLOWING the Agreement on the Gaza Strip and the Jericho Area as signed at
Cairo on May 4* 1994 (hereinafter "the Gaza-Jericho Agreement");
DESIROUS of putting into effect the Declaration of Principles on Interim SelfGovernment Arrangements as signed at Washington* D.C. on September 13* 1993
(hereinafter "the Declaration of Principles")* and in particular Article VI regarding
preparatory transfer of powers and responsibilities and the Agreed Minutes thereto;
HEREBY AGREE to the following arrangements regarding the preparatory transfer
of powers and responsibilities in the West Bank:
Article I : Definitions
For the purpose of this Agreement* unless otherwise indicated in the attached
Protocols:
a. the term "the Palestinian Authority" means the Palestinian Authority
established in accordance with the Gaza-Jericho Agreement; b. the term "Joint Liaison Committee" means the Joint Israeli-Palestinian Liaison
Committee established pursuant to Article X of the Declaration of Principles;
c. the term "Interim Agreement" means the interim agreement referred to in
Article VII of the Declaration of Principles; and
d. the term "Israelis" also includes Israeli statutory agencies and corporations
registered in Israel.
Article II: Preparatory Transfer of Powers and Responsibilities
1. Israel shall transfer and the Palestinian Authority shall assume powers and
responsibilities from the Israeli military government and its Civil
Administration in the West Bank in the following spheres: education and
culture* health* social welfare* tourism* direct taxation and Value Added Tax
on local production (hereinafter "VAT")* as specified in this Agreement
(hereinafter "the Spheres").
2. For the purposes of this Agreement* the Palestinian Authority shall constitute
the authorized Palestinians referred to in Article VI of the Declaration of
Principles.
3. The Parties will explore the possible expansion of the transfer of powers and
responsibilities to additional spheres.
Article III: Scope of the Transferred Powers & Responsibilities
1. The scope of the powers and responsibilities transferred in each Sphere* as
well as specific arrangements regarding the exercise of such powers and
responsibilities* are set out in the Protocols attached as Annexes I through VI.
2. In accordance with the Declaration of Principles* the jurisdiction of the
Palestinian Authority with regard to the powers and responsibilities transferred
by this Agreement will not apply to Jerusalem* settlements* military locations
and* unless otherwise provided in this Agreement* Israelis.
3. The transfer of powers and responsibilities under this Agreement does not
include powers and responsibilities in the sphere of foreign relations* except as
indicated in Article VI(2)(b) of the Gaza-Jericho Agreement.
Article IV : Modalities of Transfer
1. The transfer of powers and responsibilities in the sphere of education and
culture pursuant to this Agreement will be implemented on August 29* 1994.
The transfer of powers and responsibilities in the remaining Spheres will be
implemented in accordance with Article XI below.
2. The transfer of powers and responsibilities shall be coordinated through the
Civil Affairs Coordination and Cooperation Committee referred to in Article
X below and shall be implemented in accordance with the arrangements set
out in this Agreement in a smooth* peaceful and orderly manner. 3. Upon the signing of this Agreement* the Israeli side shall provide the
Palestinian side with* or enable free access to* all information that is necessary
for an effective and smooth transfer.
4. On the date of the transfer of powers and responsibilities* Israel shall also
transfer all movable and immovable property which exclusively serves the
offices of the Civil Administration in the Spheres* including premises* whether
government-owned or rented* equipment* registers* files and computer
programs. The treatment of property which serves the offices transferred to the
Palestinian Authority as well as offices which are not so transferred will be as
mutually agreed between the two sides* such as on the basis of sharing or
exchange.
5. The coordination of the transfer of powers and responsibilities pursuant to this
Article shall also include a joint review of the Civil Administration contracts
the duration of which extends beyond the date of the transfer with a view to
deciding which contracts will remain in force and which will be terminated.
Article V : Administration of the Transferred Offices
1. The Palestinian Authority shall be fully responsible for the proper functioning
of the offices included in the Spheres and for the management of their
personnel in all aspects* including employment and placement of employees*
payment of their salaries and pensions and ensuring other employee rights.
2. The Palestinian Authority will continue to employ Palestinian Civil
Administration employees currently employed in the offices included in each
Sphere and shall maintain their rights.
3. The main office of each of the Spheres will be situated in the Jericho Area or
in the Gaza Strip. The Palestinian Authority will operate the existing
subordinate offices in the West Bank. The two sides may agree on the
establishment of additional subordinate offices in the West Bank* if necessary*
in such locations as mutually agreed.
4. The Palestinian Authority has the right to coordinate its activities in each of
the Spheres with other Spheres in which it is empowered.
Article VI : Relations Between the Two Sides
1. With regard to each Sphere* the Palestinian Authority shall coordinate with the
Civil Administration on issues relating to other spheres in which the
Palestinian Authority is not empowered.
2. The military government and its Civil Administration shall assist and support
the Palestinian Authority in promoting the effective exercise of its powers and
responsibilities. In addition* the military government and its Civil
Administration shall* in exercising their own powers and responsibilities* take
into account the interests of the Palestinian Authority and do their utmost to
remove obstacles to the effective exercise of powers and responsibilities by
the Palestinian Authority

[م .نبيل زبن]

Agreement on preparatory transfer of powers & responsibilities
August

3. The Palestinian Authority shall prevent any activities with a military
orientation within each of the Spheres and will do its utmost to maintain
decorum and discipline and to avoid disruption in the institutions under its
responsibility.
4. The Palestinian Authority will notify the military government and its Civil
Administration and will coordinate with them regarding any planned public
large-scale events and mass gatherings within the Spheres.
5. Nothing in this Agreement shall affect the continued authority of the military
government and its Civil Administration to exercise their powers and
responsibilities with regard to security and public order* as well as with regard
to other spheres not transferred.
Article VII : Legislative Powers of the Palestinian Authority
1. The Palestinian Authority may promulgate secondary legislation regarding the
powers and responsibilities transferred to it. Such legislation includes
amendments and changes to the existing laws* regulations and military orders
specified in Appendix A to each Annex.
2. Legislation promulgated by the Palestinian Authority shall be consistent with
the provisions of this Agreement.
3. Legislation promulgated by the Palestinian Authority shall be communicated
to Israel which may* within a period of thirty (30) days* notify the Palestinian
Authority that it opposes such legislation for any of the following reasons:
(1) it exceeds the powers and responsibilities transferred to the Palestinian
Authority;
It is inconsistent with the provisions of this Agreement; or it otherwise affects
legislation or powers and responsibilities which were not transferred to the
Palestinian Authority.
4. Where Israel opposes proposed legislation* it shall specify the reason for the
opposition.
5. If Israel has no reservations concerning the proposed legislation* it shall
accordingly notify the Palestinian Authority at the earliest opportunity. If at
the end of the thirty-day period Israel has not communicated any opposition
concerning the proposed legislation* such legislation shall enter into force.
6. The Palestinian Authority may* in the event of opposition to the proposed
draft legislation* submit a new draft or request a review by the Legislation
Subcommittee established under the Gaza-Jericho Agreement.
7. The Legislation Subcommittee shall attempt to reach a decision on the merits
of the matter within thirty days. If the Legislation Subcommittee is unable to
reach a decision within this period* the Palestinian Authority shall be entitled
to refer the matter to the Joint Liaison Committee. The Joint Liaison
Committee shall consider the matter immediately and will attempt to settle it
within thirty days. 8. Where* upon communicating to Israel proposed legislation consisting of
detailed technical regulations* the Palestinian Authority states that such
regulations fulfill the requirements of paragraph 3 above and requests a
speedy review* Israel shall immediately respond to such a request.
9. Legislation regarding the West Bank shall be published as a separate part of
any publication of legislation regarding the Gaza Strip and the Jericho Area
issued by the Palestinian Authority.
Article VIII : Law Enforcement
1. The Palestinian Authority may bring disciplinary proceedings concerning
persons it employs in the West Bank before disciplinary tribunals operating in
the Gaza Strip or the Jericho Area.
2. The Palestinian Authority may* within each of the Spheres* authorize
employees to act as civilian inspectors to monitor compliance with laws and
regulations in that Sphere* within the powers and responsibilities transferred to
the Palestinian Authority. Such inspectors shall operate in each Sphere
separately and shall not be organized into a central unit. These inspectors shall
not wear uniforms or carry arms* and shall not in any other way have the
nature of a police force. They shall be required to carry the identification
documentation referred to in paragraph 3 below. The number of employees to
be authorized as civilian inspectors shall be agreed upon by both sides. The
names of these employees shall be notified to Israel and* where these
employees enjoy privileges pursuant to subparagraph 3 below* shall be agreed
upon by both sides.
3. The Palestinian Authority shall issue the civilian inspectors in the West Bank
with identification documentation specifying the office in which they are
employed. Such documentation shall be used for identification and will not
grant privileges* except those agreed in the Civil Affairs Coordination and
Cooperation Committee referred to in Article X below* or immunities. This
committee shall determine the format of the identification documentation.
4. Except as specifically provided in this Agreement* all powers and
responsibilities regarding law enforcement* including investigation* judicial
proceedings and imprisonment* will continue to be under the responsibility of
the existing authorities in the West Bank.
Article IX : Rights* Liabilities and Obligations
1.
a. The transfer of powers and responsibilities to the Palestinian Authority
under this Agreement will include all related rights* liabilities and
obligations arising with regard to acts or omissions which occurred prior to
the transfer. Israel and the Civil Administration will cease to bear any
financial responsibility regarding such acts or omissions and the
Palestinian Authority will bear all financial responsibility for these and for
its own functioning. b. Any financial claim made in this regard against Israel or the Civil
Administration will be referred to the Palestinian Authority.
c. Israel shall provide the Palestinian Authority with the information it has
regarding pending and anticipated claims brought before any court or
tribunal against Israel or the Civil Administration in this regard.
d. Where legal proceedings are brought in respect of such a claim* Israel will
notify the Palestinian Authority and enable it to participate in defending
the claim and raise any arguments on its behalf.
e. In the event that an award is made against Israel or the Civil
Administration by any court or tribunal in respect of such a claim* the
Palestinian Authority shall* once the award has been paid by Israel*
reimburse Israel the full amount of the award.
f. Without prejudice to the above* where a court or tribunal hearing such a
claim finds that liability rests solely with an employee or agent who acted
beyond the scope of the powers assigned to him or her* unlawfully or with
willful malfeasance* the Palestinian Authority shall not bear financial
responsibility.
g. Notwithstanding subparagraphs 1.d through 1.f above* Israel may*
pursuant to agreement within the Legal Subcommittee of the CAC
established under the Gaza-Jericho Agreement* request an Israeli court or
tribunal to dismiss a claim brought before it and* with regard to a pending
claim* dismiss the claim and transfer the proceedings to a local court or
tribunal.
h. Where a claim has been so transferred or where a new claim has been
brought in a local court or tribunal subsequent to the dismissal of the claim
pursuant to subparagraph 1.g above* the Palestinian Authority shall defend
it and* in accordance with subparagraph 1.a above* in the event that an
award is made for the plaintiff* shall pay the amount of the award.
i. The Legal Subcommittee referred to in subparagraph 1.g above shall agree
on arrangements for the transfer of proceedings from Israeli courts or
tribunals pursuant to subparagraph 1.g above and* where necessary* for the
provision of legal assistance by Israel to the Palestinian Authority in
defending such claims.
2. In accordance with paragraph 1 above:
a. The Palestinian Authority may bring legal proceedings in respect of any
acts or omissions relating to powers and responsibilities transferred under
this Agreement which occurred prior to the date of the transfer. Israel shall
provide the Palestinian Authority with the legal assistance necessary to
bring such proceedings.
b. The Palestinian Authority may collect any taxes due under Annexes V and
VI on the date of the transfer of powers and responsibilities in respect of these taxes* and shall assume responsibility for the payment of any rebates
or refunds

[م .نبيل زبن]

3. Subject to the provisions of this Article* the transfer of powers and
responsibilities in itself shall not affect rights* liabilities and obligations of any
person or legal entity* in existence at the date of signing of this Agreement.
Article X : Liaison and Coordination
1. The Joint Civil Affairs Coordination and Cooperation Committee established
in accordance with the Gaza-Jericho Agreement* (hereinafter "the CAC")* will
deal with all issues of mutual concern regarding this Agreement.
2. The operation of the CAC shall not impede daily contacts between
representatives of the Civil Administration and the Palestinian Authority in all
matters of mutual concern.
Article XI : Budgetary Issues
1. The military government and its Civil Administration shall provide the
Palestinian Authority with full information concerning the budget of each
Sphere.
2. The Palestinian Authority shall immediately employ personnel who will
promptly begin the process of becoming acquainted with the current budget
issues. On the date of the transfer of powers and responsibilities in each of the
Spheres* these personnel will assume responsibility for all accounts* assets and
records on behalf of the Palestinian Authority.
3. Israel shall continue to provide the services of Israeli experts currently
employed in the fields of income tax and VAT to ensure a smooth transition
and efficient establishment of the taxation system of the Palestinian Authority.
The terms of their employment shall be agreed upon by the two sides.
4. The Palestinian Authority will do its utmost to establish its revenue collection
system immediately with the intent of collecting direct taxes and VAT.
5. The two sides will jointly approach the donor countries during the upcoming
meetings of the Consultative Group and of the Ad Hoc Liaison Committee*
scheduled for September 8 through 10* 1994 in Paris* with a request to finance
the shortfall that may be created in the collection of the direct taxes and the
VAT during the initial period while the Palestinian Authority establishes its
own revenue collection system.
6. The two sides will meet no later than three days after the conclusion of these
meetings in order to decide on the date of transfer of powers and
responsibilities in the remaining Spheres* based* among other things* on the
response of the donor countries to the joint request.
7. The CAC will provide the donor countries* when necessary* with information
to help adjust the allocation of contributions as a result of variations in tax
collection. 8. The Palestinian Authority shall also assume full responsibility for any
additional expenditures beyond the agreed budget which is attached as
Schedule 1* as well as for any shortfall in tax collection that is not actually
covered by the donor countries.
8. If actual revenues from the Spheres* including the donor contributions* exceed
the budgeted revenues* the excess shall be applied to development of the
Spheres.
9. The inclusion of the sphere of VAT in the spheres to be transferred to the
Palestinian Authority shall constitute the adjustment referred to in paragraph
(3) of the Agreed Minute to Article VI(2) of the Declaration of Principles* and
no further adjustment shall be required.
Article XII : Mutual Contribution to Peace and Reconciliation
With regard to each of the Spheres* Israel and the Palestinian Authority will ensure
that their respective systems contribute to the peace between the Israeli and
Palestinian peoples and to peace in the entire region* and will refrain from the
introduction of any motifs that could adversely affect the process of reconciliation.
Article XIII : Final Clauses
1. This Agreement shall enter into force on the date of its signing.
2. The arrangements established by this Agreement are preparatory measures and
shall remain in force until and to the extent superseded by the Interim
Agreement or by any other agreement between the Parties.
3. Nothing in this Agreement shall prejudice or preempt the outcome of the
negotiations on the Interim Agreement or on the permanent status to be
conducted pursuant to the Declaration of Principles. Neither Party shall be
deemed* by virtue of having entered into this Agreement* to have renounced or
waived any of its existing rights* claims or positions.
4. The two Parties view the West Bank and the Gaza Strip as a single territorial
unit* the integrity of which will be preserved during the interim period.
5. The Gaza Strip and the Jericho Area shall continue to be an integral part of the
West Bank and the Gaza Strip. The status of the West Bank shall not be
changed for the period of this Agreement. Nothing in this Agreement shall be
considered to change this status.
6. The Preamble to this Agreement and the Annexes* Appendices and Schedules
attached hereto* shall constitute an integral part hereof.
Done at Erez this twenty-ninth day of August 1994Gen. Danny Rothschild Dr. Nabil Sha'ath
For the Government of the For the PLO
State of Israel

[م .نبيل زبن]

Schedule 1
Six-month Budget for the Spheres
$ Million
1. Total Expenditures 54.58
Education and Culture 26.2
Health 18.7
Social Welfare 4.3
Tourism 0.075
Direct Taxes 2.3
VAT 3.0
$ Million
2. Total Revenues 54.58
Income Tax 23.15
VAT 22.15
Property Tax 0.215
Health Insurance 9.06 Annex I
Protocol Concerning Preparatory Transfer of Powers and
Responsibilities in the Sphere of Education and Culture
1. The powers and responsibilities of the military government and its Civil
Administration in the sphere of education and culture will be transferred to
and will be assumed by the Palestinian Authority.
2. The sphere of education and culture shall include all matters dealt with in the
laws* regulations and military orders listed in Appendix A* as well as the
responsibility over higher education* special education* cultural and
educational training activities* cultural and educational institutions and
programs* and private* public* non-governmental or other educational or
cultural activities or institutions.
Appendix A
Laws* Regulations and Military Orders in the Sphere of Education and Culture
1. Education Law* No. 16* 1964
2. Regulations regarding the Structure of the Ministry of Education and Culture*
No. 21* 1965
3. Regulations regarding the Collection of Contributions in Schools* No. 22*
1965
4. Regulations regarding the Structure of Managers' Offices in the Districts and
Regions* No. 24* 1965
5. Regulations regarding Licensing of Teaching* No. 23* 1965
6. Regulations regarding Scientific Delegations* No. 155* 1966
7. Regulations regarding Grants for Educational Programs and Textbooks* No.
1* 1965
8. Regulations regarding the Appointment of Women Teachers* No. 2* 1965
9. Regulations regarding Needy Heirs of Education and Culture Employees* No.
57* 1960
10. Regulations regarding the Jordanian Committee for Arabization* Translation
and Publishing* No. 11* 1967
11. Regulations regarding Private Educational Institutions* No. 27* 1966
12. Regulations regarding Adult Education and the Elimination of Illiteracy* No.
120* 1965
13. Regulations regarding Cultural Centers* No. 28* 1966 14. Regulations regarding the Jordanian Scientific Research Council* No. 53*
1964
15. Regulations regarding the Nationalization of Textbooks* No. 4* 1956
16. Regulations regarding the Education Tax* No. 1* 1956
17. Regulations regarding the Financing of Examinations and Certificates of High
Schools and Secondary Education* No. 39* 1967
18. Order regarding the Education Law No. 16 of 1964 (Amendment No. 2)
(Judea and Samaria)* No. 1076* 1983
19. Order regarding the Use of Textbooks (Judea and Samaria) (Amendment)*
No. 183* 1967
20. Regulations regarding General Examination Fees in the Teachers' Colleges*
1991
21. Directives regarding Success* Completion and Failure in Schools* No. 1* 1965
22. Directives regarding General Matriculation Examinations* No. 2* 1965
23. Order regarding Education Tax (Judea and Samaria)* No. 501* 1972
24. Civil Service Regulations* No. 23* 1966* including Amendments Nos. 14* 28*
61 and 92
25. Regulations for Dispatch of Scientific Delegations* No. 115* 1966* including
Amendments Nos. 16 and 43
26. Regulations regarding Employee Pensions and Social Insurance* No. 6* 1966*
including Amendments Nos. 116 and 183
27. Financial Regulations* No. 1* 1951
28. Requisition Regulations* No. 87* 1965
29. Regulations regarding Employees Commuting to and from Work* No 18*
1967* including Amendment No. 73
30. Regulations regarding the Provision of Honors for Employees* No. 9* 1966
31. Regulations regarding Issuing Certificates and Diplomas* No. 15* 1966
32. Regulations regarding Graduation Examinations* No. 17* 1966* including
Amendment No. 71
33. Regulations regarding Placement of Administrative employees* No. 1* 1966
34. Regulations regarding the Provision of Student Services* No. 58* 1964 35. Regulation regarding the Provision of Assistance to Students* No 5* 1960*
including Amendment No. 25
36. Regulations regarding the Scouts Youth Movement* No. 1* 1957
37. Regulations regarding Summer Seminars* No. 34* 1960
38. Regulations regarding the Leasing of Properties for Government Service* No.
16* 1961* including Amendment No. 153
39. Regulations regarding the Acquisition of Books for School and College
Libraries* No. 11* 1966* including amendment No. 153
40. Regulations regarding Health Insurance for Employees* No. 104* 1965
41. Regulations regarding Colleges* No. 151* 1966
42. Regulations regarding the Evaluation of Certificates* No. 110* 1966* including
Amendment No. 74
43. Law regarding Student Transfer* No. 7* 1967
44. Regulations regarding Room and Board* No. 36* 1967 Annex II
Protocol Concerning Preparatory Transfer of Powers and
Responsibilities in the Sphere of Health
1. The powers and responsibilities of the military government and its Civil
Administration in the sphere of health will be transferred to and will be
assumed by the Palestinian Authority.
2. The sphere of health shall include all matters dealt with in the laws*
regulations and military orders listed in Appendix A* including the
responsibility over all health institutions* whether private* public* nongovernmental or other.
3. In exercising its security authority* the military government will do its utmost
to respect the dignity of patients and medical staff and will act with a view to
prevent any damage to medical installations or equipment.
4. The transfer of powers and responsibilities to the Palestinian Authority shall
not affect the authority of Israel and of the Israeli military government in the
West Bank to exercise its powers and responsibilities in criminal matters*
such as the performance of autopsies* the investigation of narcotic offenses*
etc.
5. The Palestinian Authority shall inform the Civil Administration in a routine
manner of births or deaths occurring within the medical institutions under its
responsibility.
6. The Palestinian Authority shall apply the present standards of vaccination of
Palestinians and shall improve them according to internationally-accepted
standards in the field.
7. The Palestinian Authority shall take necessary measures to ensure that the
health institutions and medical staff under its responsibility inform the Civil
Administration in the West Bank of any Israeli hospitalized in a Palestinian
hospital upon his or her admission. Arrangements for moving such
hospitalized Israelis shall be agreed upon.
8. The Palestinian Authority shall take necessary measures to ensure that the
health institutions and medical personnel under its responsibility inform the
Israel Police in the West Bank of any person wounded by any kind of weapon
or explosive who is treated or hospitalized in a Palestinian medical institution*
upon his or her admission* and of any death from unnatural causes.
9. The Palestinian Authority shall make available for transfer the corpse of any
deceased from unnatural causes* for an autopsy in the Institute of Forensic
Medicine* immediately upon request by the military commander.
Upon request of the Palestinian Authority* a Palestinian physician may be
present at any autopsy performed* provided that the participation of the said
representative shall not inordinately delay the performance of the autopsy

[م .نبيل زبن]

The Palestinian Authority shall ensure that no prior autopsy of the corpses so
transferred shall be conducted.
10. Israel and the Palestinian Authority shall exchange information regarding
epidemics and contagious diseases* shall cooperate in combating them* and
shall develop methods of exchange of medical files and documents.
11. The Palestinian Authority shall enter into agreements with the Israeli medical
institutions on arrangements regarding complementary medical services for
Palestinians in these institutions including their hospitalization in Israeli
hospitals. Israel shall assist the Palestinian Authority in reaching such
agreements as necessary.
12. The health systems of Israel and of the Palestinian Authority will maintain
good working relations in all matters* including mutual assistance in
providing first aid in cases of emergency* medical instruction* professional
training and exchange of information.
13. A joint committee of experts will discuss health issues that require
coordination and cooperation between the Palestinian Authority and the
relevant departments of the Civil Administration* including* inter alia* the
environment department.
14. A committee will be established to facilitate coordination and cooperation on
health and medical issues between the Palestinian Authority and the Israeli
Ministry of Health.
Appendix A
Laws* Regulations and Military Orders in the Sphere of Health
1. Public Health Law No. 43* 1966* except for articles 7(1)* 25* 26* 27* 28* 29*
30* 31* 32* 33* 34* 35* 36* 37* 38* 39* 40* 41* 42* 43* 44* 45* 46* 47* 69* 70* 71*
72* 73* 74* 75* 76* 77; article 10(2) but not including supervision over water
sources; article 15 but only when approved by the military commander
2. Regulations regarding Supervision of Medications and their Manufacture* No.
134* 1966* only with regard to medications
3. Regulations regarding Health Insurance* No. 146* 1966
4. Regulations regarding Burial of Deceased* Cemeteries* Transfer of Bodies and
Re-opening of Graves* 1981* except for articles 5* 7* 8(a)* 9* 10* 11* 12* 13* 14*
15
5. Regulations regarding Public Health Supervision of Radiation Equipment for
Medical Treatment* 1981
6. Pharmacologists' Bureau Law* No. 10* 1957
7. Order regarding the Pharmacologists' Bureau Law* No. 10* 1957*
(Amendment)* No. 1053* 1983 8. Internal Regulations of the Pharmacologists' Bureau* 1961* as amended 1980
9. Order regarding Medical and Sanitation Professions (Licensing and Practice)*
No. 745* 1978
10. Medical Association Law* No. 14* 1954
11. Dental Association Law* No. 11* 1956
12. Internal Regulations of the Dental Association* 1960
13. Order regarding Health Services* No. 746* 1978
14. Order regarding Notification of Casualties* No. 163* 1967
15. Regulation regarding Health Services* 1978
16. Notification regarding Health Services* Program of Health Services and
Payment for Health Services* 1981
17. Order regarding Dangerous Drugs* No. 558* 1973
18. Order regarding Cosmetics* No. 1103* 1983
19. Regulations regarding Cosmetics (Fees)* 1984 Annex III
Protocol Concerning Preparatory Transfer of Powers and
Responsibilities in the Sphere of Social Welfare
1. The powers and responsibilities of the military government and its Civil
Administration in the sphere of social welfare will be transferred to and will be
assumed by the Palestinian Authority.
2. The sphere of social welfare shall include all matters dealt with in the laws*
regulations and military orders listed in Appendix A* as well as responsibility
over governmental and non-governmental organizations and institutions*
including charitable societies and institutions and voluntary and non-profit
organizations.
3. The Palestinian Authority will supervise registered foreign organizations of the
type mentioned in paragraph 2 above* that currently operate in the West Bank
and will register others only if their goals are not inconsistent with the peace
process.
4. The transfer of powers and responsibilities to the Palestinian Authority shall not
affect the continued authority of the military government and its Civil
Administration to exercise their powers and responsibilities for security and
public order as well as for other spheres not transferred* including* inter alia* the
establishment of a vice squad.
5. The Palestinian Authority may exercise the Regulation on Welfare Insurance for
Civil Servants (No. 6 of 1966) with regard to its employees.
6. Juvenile Offenders:
Israel and the Palestinian Authority will determine arrangements for the
following:
a. The serving of sentences in the West Bank passed by courts in Israel
concerning juvenile offenders* residents of the West Bank.
b. The transfer of information necessary for the preparation of briefs by
probation officers in connection with juvenile offenses.
7. Confidentiality:
Arrangements will be made to protect confidentiality and individual privacy in the
exchange of information between Israel and the Palestinian Authority in the sphere of
social welfare.
8. The respective social welfare systems of Israel and the Palestinian Authority
will maintain a positive working relationship in all aspects* including general
and professional training* and the exchange of information

[م .نبيل زبن]

Appendix A
Laws* Regulations and Military Orders in the Sphere of Social Welfare
1. Bureau of Social Affairs Law* No. 14* 1956
2. Social Assistance Regulations* No. 14* 1959
3. Regulations regarding Assistance to Youth* No. 48* 1959
4. Amended Law regarding Assistance to Youth* No. 16* 1954
5. Regulations regarding the Collection of Charitable Donations* No. 1* 1957
6. Regulations regarding the Collection of Charitable Donations* No. 103* 1963
7. Regulations regarding Assistance to University Students* No. 5* 1960* except
for Articles 5 and 6
8. Regulations regarding Assistance and Rehabilitation* No. 42* 1963
9. Law regarding Charitable Societies and Social Welfare Institutions* No. 33*
1966
10. Jordanian Regulations regarding Social Services Institutions* No. 128* 1965
11. Regulations regarding Foster Families* No. 70* 1963 Annex IV
Protocol Concerning Preparatory Transfer of Powers and
Responsibilities in the Sphere of Tourism
1. The powers and responsibilities of the military government and its Civil
Administration in the sphere of tourism will be transferred to and will be
assumed by the Palestinian Authority.
2. The sphere of tourism shall include all matters dealt with in the laws* regulations
and military orders listed in Appendix A.
This includes the responsibility for regulating* licensing* grading* supervising
and developing the tourist industry and its services within the scope of such
terms in the laws* regulations and military orders listed in Appendix A* as well
as maintaining and promoting foreign and domestic tourism* developing visitors'
interest in tourist sites and encouraging the development of tourist services
around them in coordination with the Civil Administration* or if the site is under
the responsibility of another authority - in coordination with that other authority.
It also includes organizing exhibitions* popular and cultural festivals and events
and tourism conferences.
This sphere shall cover tourism activities conducted by private* public* nongovernmental and foreign bodies.
3. In exercising its security authorities* the military government will take into
account tourism considerations with the objective of minimizing any harmful
effect on the industry or any consequences that may prejudice its productivity
and continued development.
4. The military government and its Civil Administration will assist and support the
Palestinian Authority in developing the tourism industry* promoting the
expansion of tourist facilities such as hotels* restaurants and travel agencies* and
in removing obstacles that may hinder the growth of the industry.
5. The transfer of powers and responsibilities to the Palestinian Authority shall not
affect the continued authority of the military government and its Civil
Administration to exercise their powers and responsibilities for security and
public order as well as for other spheres* including the sites referred to in
paragraph 2 above* authority over which has not been transferred.
6. The tourism authorities of Israel and the Palestinian Authority shall promote and
encourage tourism to the region for the benefit of both sides.
7.
a. Travel agents* tour companies* tour guides and other tourism businesses
(hereinafter "tourism entities") authorized by the Palestinian Authority will
be allowed to conduct tours that include Israel* provided that their
authorization as well as their operation is in accordance with rules* professional requirements and standards agreed upon in the subcommittee on
tourism of the JEC.
b. Pending that agreement* existing tourism entities in the West Bank that are
currently allowed to conduct tours that include Israel* will be allowed to
continue to do so.
8. Tour buses or any other forms of tourist transport authorized by the Palestinian
Authority* and operated by companies registered and licensed by it* will be
allowed to enter and proceed on their tour in Israel if such buses or other
vehicles conform with the standards currently in effect in the West Bank and
provided that they conform with international standards that have been adopted.
All such vehicles will be clearly marked as tourist vehicles.
9. Tourism companies and agencies licensed by the Palestinian Authority shall
enjoy equal access to tourism-related facilities and amenities in border points of
exit and entry according to the regulations of the Israeli authorities.
10. A joint committee will be established between Israel and the Palestinian
Authority to facilitate coordination and cooperation on tourism issues* including
the promotion of tourism.
Appendix A
Laws* Regulations and Military Orders in the Sphere of Tourism
1. Temporary Tourism Law* No. 45* 1965* except for articles 2(4)E* 4(1)* 4(5)*
7(2)* 7(3)* 14(3) article 2(5) except for provisions regarding Tourism Regions
2. Regulations regarding Equipment and Promotional Services and Constructive
Activities of the Tourism Authority* No. 44* 1966
3. Financial Regulations of the Tourism Authority* No. 45* 1966
4. Tourism and Travel Agency Regulations* No. 46* 1966
5. Regulations regarding Commercial Oriental Souvenir Emporiums* No. 47*
1966
6. Regulations regarding Commercial Oriental Souvenir Emporiums*
(Amendment No. 6) (Judea and Samaria)* 1988
7. Regulations regarding Tour Guides and their Supervision* No. 48* 1966
8. Regulations regarding Guest Houses and their Supervision* No. 49* 1966
9. Order regarding Temporary Law for Tourism* No. 45* 1965 (Judea and
Samaria)* No. 917* 1981
10. Regulations regarding Tourism and Travel Agencies (Amendments 1-4)
(Judea and Samaria)* 1976

[م .نبيل زبن]

11. Regulations regarding Commercial Oriental Souvenir Emporiums
(Amendment No. 3) (Judea and Samaria)* 1982
12. Regulations regarding Commercial Oriental Souvenir Emporiums
(Amendments 1-6)* 1976* 1980* 1987* 1988
13. Regulations regarding Tour Guides and their Supervision (Amendment No. 5)
(Judea and Samaria)* 1988
14. Regulations regarding the Prohibition on Acceptance of Commissions by Tour
Guides* 1976
15. Decision regarding Escorting Tourists as a Branch of Tourism (Judea and
Samaria)* 1982
16. Regulations regarding Guest Houses and their Supervision (Amendments 3
and 4)* 1988* 1990
17. Instructions regarding Guest Houses and their Supervision (Minimal Standards
for Ungraded Hotels) (Judea and Samaria)* 1975
18. Instructions regarding Guest Houses and their Supervision (Principles of Hotel
Grading) (Judea and Samaria)* 1976
19. Instructions regarding Guest Houses and their Supervision (Offering Drinking
Water and Citrus Fruits during Meals) (Judea and Samaria)* 1985
20. Regulations regarding Tourism Offices (Judea and Samaria)* 1989
21. Regulations regarding Licensed Tourist Emporiums (Judea and Samaria)*
1977 Annex V
Protocol Concerning Preparatory Transfer of Powers and
Responsibilities in the Sphere of Direct Taxation
1. The powers and responsibilities of the Civil Administration in the sphere of
direct taxation regarding income tax on income accrued or derived in the West
Bank will be transferred to and will be assumed by the Palestinian Authority.
Powers and responsibilities regarding property tax will continue to be exercised
by the Civil Administration* though the income from this tax will be transferred
to the Palestinian Authority* after deducting the sums due to the municipalities.
2. The sphere of direct taxation shall include all matters dealt with in the laws*
regulations and military orders listed in Appendix A* subject to the principles set
forth below.
3. Without derogating from the principle of territoriality in taxation* i.e.* the right
of each tax administration to levy the income tax on income generated by
economic activity in its area* and in accordance with the Declaration of
Principles and with the Gaza-Jericho Agreement:
a. The Palestinian Authority will levy and collect income tax on Palestinians in
respect of income accrued or derived in the West Bank outside the
settlements and the military locations.
b.
1. The Civil Administration will levy and collect income tax on Israelis in
respect of income accrued or derived in the West Bank outside the
settlements and the military locations by any business or service which
accrues or derives an annual turnover in the West Bank outside the
settlements and military locations exceeding $7*000 US.
2. The tax will be levied in accordance with the Palestinian tax code in
force in the West Bank.
3. The Civil Administration will remit the tax collected to the Palestinian
Authority.
4. For the purpose of subparagraph 3(b)(1) above and paragraph 5 below*
changes in the legislation regarding the definition of "accrued or
derived" income shall be made in the subcommittee established under
paragraph 9.
5. In the event of disagreement regarding the implementation of this
paragraph when the Palestinian Authority considers that a business or
service should be taxed under this subparagraph* it may refer the matter
to the above mentioned subcommittee.
4.a. For the purpose of this Annex* and for the purpose of the application of
Appendix B to this Annex -
1. A corporation will be regarded as either a Palestinian or an Israeli if the
majority of its shares which grant rights to distribution of profits are held
by Palestinians or by Israelis* respectively.
2. For the purpose of subparagraph a. above* shares held by foreigners will
be considered as shares held by Palestinians* except with regard to
corporations operating within the settlements and military locations.
b. Income accruing to a partnership or derived by it will be attributed to its
partners in accordance with their respective rights to profits and taxed in
accordance with the provisions of this Annex.
c. With regard to corporations in which Israelis and Palestinians hold shares
granting equal rights to distribution of profits* corporation tax will be levied
equally on each shareholder by the relevant tax authority* in accordance with
the principles of this Annex.
5. In the case of income accrued or derived by a foreigner* outside the settlements
and the military locations* income tax will be levied and collected by the
Palestinian Authority.
6.
a. When an Israeli* including the military government and its Civil
Administration* remits payment to a Palestinian and the payment is income
taxable by the Palestinian Authority* the Israeli will deduct tax at source in
accordance with the rules of the Palestinian tax code regarding the deduction
at source by Palestinian payors and transfer it to the Civil Administration.
b. All activity relating to the assessment and collection of such deductions will
be carried out by the Civil Administration or by Israel.
c. The Civil Administration will transfer such deductions to the Palestinian
Authority in a manner to be agreed upon.
d. Procedures for implementation of the above mentioned arrangement for
deduction at source will be determined by the Joint Economic Committee
established under the Gaza-Jericho Agreement.
e. Pending the determination of the above mentioned procedures:
1. the present system of tax deduction at source from wages and salaries
will continue to apply with regard to payments to Palestinian employees;
and
2. until 31 December* 1994* tax will be deducted at source at the rate of 5%
from other payments to Palestinians referred to in subparagraph a. above*
subject to existing certificates concerning the reduction of deduction at source which shall continue to remain in force notwithstanding their
initial date of expiration.
As of January 1* 1995* deduction at source from such payments will be
effected only on the basis of the procedures to be agreed upon.
7.
a. When a Palestinian remits payment to an Israeli* there will be no tax
deduction at source.
b. The Palestinian Authority may transfer to the Civil Administration
information regarding such payments where it considers that the income of
the Israeli falls under paragraph 3(b) above* in order to assist the Civil
Administration in levying tax on such income.
c. The Civil Administration will transfer to the Palestinian Authority* on a
bimonthly basis* the sums collected from Israelis as advance payments in
respect of taxes to be collected by the Civil Administration under paragraph
3(b) above.
Each tax year there will be a settling of accounts between the Civil
Administration and the Palestinian Authority with regard to the final tax
collected according to paragraph 3(b)* taking into account the
aforementioned advance payments and any necessary resultant tax refunds.
d. Foreigners who are subject to income tax levied by the Palestinian Authority
will deduct tax at source in the same manner as Palestinians.
8. Until the Interim Agreement enters into force* Israel will transfer to the
Palestinian Authority a sum equal to 75% of the income taxes collected by Israel
from Palestinians employed in the settlements and military locations and in
Israel.
9. The two sides will establish a joint committee composed of representatives of
both tax authorities. This committee will discuss cases where one side wishes to
tax businesses or services subject to the tax authority of the other side as well as
cases where it is not clear by which side tax should be levied and all cases
concerning double taxation.
10. Tax enforcement by the Palestinian Authority shall be in accordance with the
principles set out in attached Appendix B.
Appendix A
Laws* Regulations and Military Orders in the Sphere of Direct Taxation
1. Income Tax Law* No. 25* 1964* except article 74(1)* and as follows (article
numbers relate to Hebrew version):
28(a)(4)-(5) - will apply to civil examinations (not to criminal investigations);
29b* 34a(a)(2)* 34a(d)* 49(3)* 54(3)* 57* 63(c)-(d)* 64* 66(4) - will be subject
to the principles regarding tax enforcement; 44(1) - will not apply to the military government* the Civil Administration and
their employees;
21* 62* 63(c)* Capter 16 - will be subject to the principles regarding the tax
enforcement;
2. Regulations regarding Depreciation for Income Tax Purposes* No. 15* 1965
3. Regulations regarding Income Tax Deductions at Source from Salaries* No.
16* 1965
4. Regulations regarding Income Tax (Bookkeeping)* 1988 (which adopted the
regulations regarding Bookkeeping* 1985)
5. Regulations regarding Income Tax (Forms Required for Deductions at
Source)* 1987
6. Regulations regarding Income Tax (Determining Payments for Services or
Goods and for Contracting as an Income)* 1978
7. Regulations regarding Income Tax (Deduction at Source from Payments for
Services or Goods and for Contracting)* 1978
8. Regulations regarding Income Tax (Determining Payments for Construction
Work and Shipping as an Income)* 1986
9. Order regarding Encouragement of Capital Investment* No. 1342* 1991 - with
regard to income tax exemptions; except for articles 26* 27 and 28
29 and 30 - will be subject to the principles regarding tax enforcement

[م .نبيل زبن]

Appendix B
Tax Enforcement
1. With regard to tax enforcement* the Palestinian Authority shall have the powers
and responsibilities set out in this Appendix* except in relation to criminal
offenses.
2. Gathering of Information
Concerning gathering of information* the Palestinian Authority shall be
authorized to:
a. demand and seize documents* information and other relevant financial
records from the assessee and any relevant third party.
b. require the appearance of any person at the taxation authorities' offices in the
West Bank and require that person to provide all relevant reports and
documents; and c. enter any permanent place of business or residence of any person being
assessed.
3. Tax Collection
For the purpose of tax collection* the Palestinian Authority shall be authorized to
take the following measures:
a. attachments not relating to immovable property effected by the service of
documents without requiring any physical action* such as bank accounts;
b. attachment of monies and chattels in the debtor's permanent place of
business or residence only;
c. public auctions of the attached property or assets;
d. requests from the local courts in the West Bank to issue restraining orders
prohibiting the debtor to travel abroad; and
e. requests from the local courts in the West Bank to issue civil imprisonment
orders against tax defaulters.
4. Appeals Proceedings
The Palestinian Authority may establish a tax court in the West Bank for the
purpose of hearing appeals with regard to assessments and bookkeeping. The
details of this tax court shall be agreed in the CAC. Until the establishment of
this tax court* such appeals shall continue to be heard by the local courts.
5. Scope
a. The Palestinian Authority shall not be authorized to take any enforcement
measures against Israelis.
b. The Palestinian Authority shall not have the power to exercise enforcement
measures affecting* directly or indirectly* the military government or its
Civil Administration. The two sides will agree upon the mode and
procedures regarding enforcement measures that require the cooperation of
the military government and its Civil Administration* with a view to
assisting the Palestinian Authority in carrying out its enforcement measures*
subject to considerations of security and public order.
c. The use of force required for the exercise of tax enforcement measures shall
be effected only by the Israeli authorities. Israel shall provide the Palestinian
Authority with the necessary assistance in this regard.
d. The enforcement measures set out in this Appendix shall be exercised by the
Palestinian Authority solely for tax collection and shall not be exercised for
any other purpose.
6. Cooperation and Exchange of Information Israel and the Palestinian Authority shall cooperate* including by exchanging
information* to assist each other in the exercise of their powers and
responsibilities with regard to tax enforcement.
7. Legislation Regarding Tax Enforcement
Subject to the principles set out in this Appendix* the Palestinian Authority is
authorized* in addition to the measures included in the legislation set out in
Appendix A* to take tax enforcement measures included in the following
legislation:
a. Law regarding Collection of Public Monies* No. 6* 1952* except for articles
10* 11* 12A (appeals will be brought before the local courts)* 14* 16(A)
(with regard to payments owed by the Palestinian Authority)
b. Order regarding Amendment of the Collection of Public Monies Law* No.
113* 1967
c. Rules regarding Collection of Public Monies* 1988* except for articles 4(b)-
(c)* 22* 23
d. Rules regarding Collection of Public Monies (Imprisonment of a Debtor)*
1991
e. Order regarding Taxes (Fine for Late Payment)* No. 1296* 1990
f. Order regarding Rounding Off of Sums* No. 1164* 1986
g. Order regarding Tax Collection (Auxiliary Authorities) (Temporary Order)*
No. 1262* 1989 - with regard to permits and services provided by the
Palestinian Authority Annex VI
Protocol Concerning Preparatory Transfer of Powers and
Responsibilities in the Sphere of VAT on Local Production
1. The powers and responsibilities of the Civil Administration in the sphere of
VAT on local production in the West Bank will be transferred to and will be
assumed by the Palestinian Authority.
2. For the purpose of this Annex the term "VAT" shall refer to Value Added Tax
on local production imposed on the sale of assets and the provision of services
by dealers.
3. The sphere of VAT shall include all matters dealt with in the laws* regulations
and military orders listed in Appendix A* subject to the principles set forth in
this Annex.
4. In accordance with Protocol IV of the Gaza - Jericho Agreement* while the
prevailing system and principles of VAT in the West Bank will continue to
apply* the Palestinian VAT rate shall not be lower than 15% to 16% and the
maximum annual turnover for dealers to be exempt from VAT will be decided
by the Palestinian Authority* within an upper limit of 12*000 US dollars.
5. Subject to paragraph 6 below* each side will register for VAT purposes dealers
who are subject to its powers and responsibilities* notwithstanding the place of
their activity.
6.
a. Ongoing permanent businesses will register for VAT purposes with the VAT
administration of the side exercising powers and responsibilities in the place
in which they are situated.
b. Notwithstanding subparagraph 6.a* ongoing permanent Israeli businesses
situated outside the settlements and military locations will be registered for
VAT purposes with the Civil Administration. The rules of Palestinian VAT
legislation will apply to these businesses.
The Civil Administration will transfer to the Palestinian Authority the net
VAT collected from these businesses* after deduction of their refunds.
7. For the purpose of this Annex* and for the purpose of the application of
Appendix B of Annex V to this Annex pursuant to paragraph 17 below -
a. A corporation will be regarded as either a Palestinian or an Israeli if the
majority of its shares which grant rights to distribution of profits are held by
Palestinians or by Israelis* respectively.
b. For the purpose of subparagraph a. above* shares held by foreigners will be
considered as shares held by Palestinians* except with regard to corporations
operating within the settlements and military locations. c. The above mentioned principle regarding corporations will apply to
partnerships* with the necessary adjustments.
d. The registration for VAT purposes of corporations and partnerships in which
Israelis and Palestinians hold equal rights to distribution of profits* will be
according to the place of registration of the corporation or the partnership.
Each side may bring such cases for discussion before the joint committee
referred to in paragraph 16 below* if it considers that the place of registration
for VAT purposes should be different.