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Protocol on Economic
Relations between the Government of Israel and the PLO
Paris
29 April 1994
Preamble
The two parties view the economic
domain as one of the cornerstone in their mutual relations with a view
to enhance their interest in the achievement of a just, lasting and comprehensive
peace. Both parties shall cooperate in this field in order to establish
a sound economic base for these relations, which will be governed in various
economic spheres by the principles of mutual respect of each others
economic interests, reciprocity, equity and fairness.
This protocol lays the groundwork for strengthening
the economic base of the Palestinian side and for exercising its right
of economic decision making in accordance with its own development plan
and priorities. The two parties recognise each others economic ties
with other markets and the need to create a better economic environment
for their peoples and individuals.
Article I: Framework
and Scope of this Protocol
- This protocol establishes the contractual
agreement that will govern the economic relations between the two sides
and will cover the West Bank and the Gaza Strip during the interim period.
The implementation will be according to the stages envisaged in the
Declaration of Principles on Interim Self Government Arrangements signed
in Washington D.C. on September 13, 1993 and the Agreed Minutes thereto.
It will therefore begin in the Gaza Strip and the Jericho Area and at
a later stage will also apply to the rest of the West Bank, according
to the provisions of the Interim Agreement and to any other agreed arrangements
between the two sides.
- This Protocol, including its Appendixes,
will be incorporated into the Agreement on the Gaza Strip and the Jericho
Area (in this Protocolthe Agreement), will be an integral part
thereof and interpreted accordingly. This paragraph refers solely to
the Gaza Strip and the Jericho Area.
- This Protocol will come into force upon
the signing of the Agreement.
- For the purpose of this Protocol, the term
Areas means the areas under the jurisdiction of the Palestinian
Authority, according to the provisions of the Agreement regarding territorial
jurisdiction. The Palestinian Jurisdiction in the subsequent agreements
could cover areas, spheres or functions according to the Interim Agreement.
Therefore, for the purpose of this Protocol, whenever applied, the term
Areas shall be interpreted to mean functions and spheres
also, as the case may be, with the necessary adjustments.
Article II: The Joint Economic Committee
- Both parties will establish a Palestinian-Israeli
Joint Economic Committee (hereinafterthe JEC) to follow up the
implementation of this Protocol and to decide on problems related to
it that may arise from time to time. Each side may request the review
of any issue related to this Agreement by the JEC.
- The JEC will serve as the continuing committee
for economic cooperation envisaged in Annex III of the Declaration of
Principles.
- The JEC will consist of an equal number
of members from each side and may establish sub-committees specified
in this Protocol.
A sub-committee may include experts as necessary.
- The JEC and its sub-committees shall reach
their decisions by agreement and shall determine their rules of procedure
and operation, including the frequency and place or places of their
meetings.
Article III: Import
Taxes and Import Policy
- The import and customs policies of both
sides will be according to the principles and arrangements detailed
in this Article.
- The Palestinian Authority will have all
powers and responsibilities in the sphere of import and customs policy
and procedures with regard to the following:
- Goods on List Al, attached hereto
as Appendix I locally-produced in Jordan and in Egypt particularly
and in the other Arab countries, which the Palestinians will be
able to import in quantities agreed upon by the two sides up to
the Palestinian market needs as estimated according to para 3
below.
- Goods on List A2, attached hereto
as Appendix II, from the Arab, Islamic and other countries, which
the Palestinians will be able to import in quantities agreed upon
by the two sides up to the Palestinian market needs as estimated
according to para 3 below.
- The import policy of the Palestinian Authority
for Lists Al and A2 will include independently determining and changing
from time to time the rates of customs, purchase tax, levies, excises
and other charges, the regulation of licensing requirements and procedures
and of standard requirements. The valuation for custom purposes will
be based upon the GATT 1994 agreement as of the date it will be introduced
in Israel, and until thenon the Brussels Definition of Valuation
(BDV) system. The classification of goods will be based on the principles
of the Harmonized Commodity Description and Coding System.
Concerning imports referred to in Article VII of this Protocol (Agriculture),
the provisions of that Article will apply.
- For the purposes of para 2(a) above, the
Palestinian market needs for 1994 will be estimated by a sub-committee
of experts. These estimates will be based on the best available data
regarding past consumption, production, investment and external trade
of the Areas. The sub-committee will submit its estimate within three
months from the signing of the Agreement. These estimates will be reviewed
and updated every six months by the sub-committee, on the basis of the
best data available regarding the latest period for which relevant data
are available, taking into consideration all relevant economic and social
indicators. Pending an agreement on the Palestinian market needs, the
previous periods estimates adjusted for population growth and
rise in per-capita GNP in the previous period, will serve as provisional
estimate.
- The Palestinian Authority will have all
powers and responsibilities to independently determine and change from
time to time the rates of customs, purchase taxes; levies, excises and
other charges on the goods on List B, attached hereto as Appendix III,
of basic food items and other goods for the Palestinian economic development
program, imported by the Palestinians to the Areas.
- With respect to all goods not specified
in Lists Al, A2 and B, and with respect to quantities exceeding those
determined in accordance with paras 2(a) & 3 above (hereinafterthe
Quantities), the Israeli rates of customs, purchase tax, levies, excises
and other charges, prevailing at the date of signing of the Agreement
, as changed from time to time, shall serve as the minimum basis for
the Palestinian Authority. The Palestinian Authority may decide on
any upward changes in the rates on these goods and exceeding quantities
when imported by the Palestinians to the Areas.
- With respect to all goods not specified
in Lists A1 and A2, and with respect to quantities exceeding the Quantities,
Israel and the Palestinian Authority will employ for all imports the
same system of importation, as stipulated in para 10 below, including
inter alia standards, licensing, country of origin, valuation for
customs purposes etc.
- Each side will notify the other side immediately
of changes made in rates and in other matters of import policy, regulations
and procedures, determined by it within its respective powers and responsibilities
as detailed in this Article. With regard to changes which do not require
immediate application upon decision, there will be a process of advance
notifications and mutual consultations which will take into consideration
all aspects and economic implications.
- The Palestinian Authority will levy VAT
at one rate on both locally produced goods and services and on imports
by the Palestinians (whether covered by the three Lists mentioned above
or not), and may fix it at the level of 15% to 16%.
- Goods imported from Jordan, Egypt and other
Arab countries according to para 2(a)(1) above (List Al) will comply
with rules of origin agreed upon by a joint sub-committee within three
months of the date of the signing of the Agreement. Pending an agreement,
goods will be considered to have been locally produced in
any of those countries if they conform with all the following:
- They have been wholly grown, produced,
or manufactured in that country, or have been substantially transformed
there into new or different goods, having a new name, character,
or use, distinct from the goods or materials from which they were
so transformed;
- They have been imported directly from
the said country;
- The value or the costs of the materials
produced in that country, plus the direct processing costs in it,
do not fall short of 30 percent of the export value of the goods.
This rate may be reviewed by the joint committee mentioned in para
16 a year after the signing of the Agreement.
- The goods are accompanied by an internationally
recognized certificate of origin;
- No goods will be deemed as substantially
new or different goods, and no material will be eligible for inclusion
as domestic content, by virtue of having merely undergone simple
combining or packaging, or dilution with water or other substances,
which do not materially alter the characteristics of the said goods.
- Each side will issue import
licences to its own importers, subject to the principles of this Article
and will be responsible for the implementation of the licensing requirements
and procedures prevailing at the time of the issuance of the licenses.
Mutual arrangements will be made for the exchange of information relevant
to licensing matters.
- Except for the goods on Lists Al
and A2 and their Quantities in which the Palestinian Authority
has all powers and responsibilities, both sides will maintain the same
import policy (except for rates of import taxes and other charges for
goods in List B) and regulations including classification, valuation
and other customs procedures, which are based on the principles governing
international codes, and the same policies of import licensing and of
standards for imported goods, all as applied by Israel with respect
to its importation. Israel may from time to time introduce changes in
any of the above, provided that changes in standard requirements will
not constitute a non-tariff-barrier and will be based on considerations
of health, safety and the protection of the environment in conformity
with Article 2.2. of the Agreement on Technical Barriers to trade of
the Final Act of the Uruguay Round of Trade Negotiations. Israel will
give the Palestinian Authority prior notice of any such changes, and
the provisions of para 6 above will apply.
- The Palestinian Authority will determine
its own rates of customs and purchase tax on motor vehicles imported
as such, to be registered with the Palestinian Authority. The vehicle
standards will be those applied at the date of the signing of the
Agreement as changed according to para 10 above. However, the Palestinian
Authority may request, through the sub-committee on transportation,
that in special cases different standards will apply. Used motor vehicles
will be imported only if they are passenger cars or dual-purpose passenger
cars of a model of no more than three years prior to the importation
year. The sub-committee on transportation will determine the procedures
for testing and confirming that such used cars comply with the standards
requirements for that model year. The issue of importing commercial
vehicles of a model prior to the importation year will be discussed
in the joint sub-committee mentioned in para 16 below.
- Each side may determine the terms and
conditions for the transfer of motor vehicles registered in the other
side to the ownership or use of a resident of its own side, including
the payment of the difference of import taxes, if any, and the vehicle
having been tested and found compatible with the standards required
at that time by its own registration administration, and may prohibit
transfer of vehicles.
- Jordanian standards, as specified in the
attached Appendix I, will be acceptable in importing petroleum products
into the Areas, once they meet the average of the standards existing
in the European Union countries, or the USA standards, which parameters
have been set at the values prescribed for the geographical conditions
of Israel, the Gaza Strip and the West Bank. Cases of petroleum products
which do not meet these specifications will be referred to a joint
experts committee for a suitable solution. The committee may
mutually decide to accept different standards for the importation
of gasoline which meet the Jordanian standards even though, in some
of their parameters, they do not meet the European Community or USA
standards. The committee will give its decision within six months.
Pending the committees decision, and for not longer than six
months of the signing of the Agreement, the Palestinian Authority
may import to the Areas, gasoline for the Palestinian market in the
Areas, according to the needs of this market, provided that:
- this gasoline is marked in a distinctive
colour to differentiate it from the gasoline marketed in Israel;
and
- the Palestinian Authority will take
all the necessary steps to ensure that this gasoline is not marketed
in Israel.
- The difference in the final price of gasoline
to consumers in Israel and to consumers in the Areas, will not exceed
15% of the official final consumer price in Israel. The Palestinian
Authority has the right to determine the prices of petroleum products,
other than gasoline, for consumption in the Areas.
- If Egyptian gasoline standards will comply
with the conditions of sub-para (a) above, the importation of Egyptian
gasoline will also be allowed.
- In addition to the points
of exit and entry designated according to the Article regarding Passages
in Annex I of the Agreement for the purpose of export and import of
goods, the Palestinian side has the right to use all points of exit
and entry in Israel designated for that purpose. The import and export
of the Palestinians through the points of exit and entry in Israel will
be given equal trade and economic treatment.
- In the entry points of the Jordan
River and the Gaza Strip:
- Freight shipment
The Palestinian Authority will have full responsibility and powers
in the Palestinian customs points (freight-area) for the implementation
of the agreed upon customs and importation policy as specified in
this protocol, including the inspection and the collection of taxes
and other charges, when due.
Israeli customs officials will be present and will receive from the
Palestinian customs officials a copy of the necessary relevant documents
related to the specific shipment and will be entitled to ask for inspection
in their presence of both goods and tax collection.
The Palestinian customs officials will be responsible for the handling
of the customs procedure including the inspection and collection of
due taxes.
In case of disagreement on the clearance of any shipment according
to this Article, the shipment will be delayed for inspection for a
maximum period of 48 hours during which a joint sub-committee will
resolve the issue on the basis of the relevant provisions of this
Article. The shipment will be released only upon the sub-committees
decision.
- Passengers customs lane
Each side will administer its own passengers
customs procedures, including inspection and tax collection. The inspection
and collection of taxes due in the Palestinian customs lane will be
conducted by customs officials of the Palestinian Authority.
Israeli customs officials will be invisibly present in the Palestinian
customs lane and entitled to request inspection of goods and collection
of taxes when due. In the case of suspicion, the inspection will be
carried out by the Palestinian official in a separate room in the presence
of the Israeli customs official.
- The clearance of revenues from all
import taxes and levies, between Israel and the Palestinian Authority,
will be based on the principle of the place of final destination. In
addition, these tax revenues will be allocated to the Palestinian Authority
even if the importation was carried out by Israeli importers when the
final destination explicitly stated in the import documentation is a
corporation registered by the Palestinian Authority and conducting business
activity in the Areas. This revenue clearance will be effected within
six working days from the day of collection of the said taxes and levies.
- The Joint Economic Committee or a
sub-committee established by it for the purposes of this Article will
deal inter alia with the following:
- Palestinian proposals for addition of
items to Lists Al, A2 and B. Proposals for changes in rates and in
import procedures, classification, standards and licensing requirements
for all other imports;
- Estimate the Palestinian market needs,
as mentioned in para 3 above;
- Receive notifications of changes and conduct
consultations, as mentioned in para 6 above;
- Agree upon the rules of origin as mentioned
in para 8 above, and review their implementation;
- Coordinate the exchange of information
relevant to licensing matters as mentioned in para 9 above;
- Discuss and review any other matters concerning
the implementation of this Article and resolve problems arising therefrom.
- The Palestinian Authority will have
the right to exempt the Palestinian returnees who will be granted permanent
residency in the Areas from import taxes on personal belongings including
house appliances and passenger cars as long as they are for personal
use.
- The Palestinian Authority will develop its
system for temporary entry of needed machines and vehicles used for
the Palestinian Authority and the Palestinian economic development plan.
Concerning other machines and equipment, not included in Lists Al, A2
and B, the temporary entry will be part of the import policy as agreed
in para 10 above, until the joint sub-committee mentioned in para 16
decides upon a new system proposed by the Palestinian Authority. The
temporary entry will be coordinated through the joint sub-committee.
- Donations in kind to the Palestinian Authority
will be exempted from customs and other import taxes if destined and
used for defined development projects or non-commercial humanitarian
purposes. The Palestinian Authority will be responsible exclusively
for planning and management of the donors assistance to the Palestinian
people. The Joint Economic Committee will discuss issues pertaining
to the relations between the provisions in this Article and the implementation
of the principles in the above paragraph.
Article IV: Monetary
and Financial Issues
- The Palestinian Authority will establish
a Monetary Authority (PMA) in the Areas. The PMA will have the powers
and responsibilities for the regulation and implementation of the monetary
policies within the functions described in this Article.
- The PMA will act as the Palestinian Authoritys
official economic and financial advisor.
- The PMA will act as the Palestinian Authoritys
and the public sector entities sole financial agent, locally and
internationally.
- The foreign currency reserves (including
gold) of the Palestinian Authority and all Palestinian public sector
entities will be deposited solely with the PMA and managed by it.
- The PMA will act as the lender of last resort
for the banking system in the Areas.
- The PMA will authorize foreign exchange
dealers in the Areas and will exercise control (regulation and supervision)
over foreign exchange transactions within the Areas and with the rest
of the world.
- The PMA will have a banking supervision
department that will be responsible for the proper functioning, stability,
solvency and liquidity of the banks operating in the Areas.
- The banking supervision department will
predicate its supervision on the international principles and standards
reflected in international conventions and especially on the principles
of the Basle Committee.
- The supervision department will be charged
with the general supervision of every such bank, including:
- The regulation of all kinds of banking
activities, including their foreign activities;
- The licensing of banks formed locally
and of branches, subsidiaries, joint ventures and representative
offices of foreign banks and the approval of controlling shareholders;
- The supervision and inspection of
banks.
The PMA will relicense each of the five branches
of the Israeli banks operating at present in the Gaza Strip and the West
Bank, as soon as its location or the authorities regarding it come under
the jurisdiction of the Palestinian Authority. These branches will be
required to comply with the general rules and regulations of the PMA concerning
foreign banks, based on the Basle Concordat. Para 10 d, e,
and f below will apply to these branches.
- Any other Israeli bank wishing to open a
branch or a subsidiary in the Areas will apply for a license to the
PMA and will be treated equally to other foreign banks, provided that
the same will apply to the Palestinian banks wishing to open a branch
or a subsidiary in Israel.
- Granting of a license by both authorities
will be subject to the following arrangements based on the Basle
Concordat valid on the date of signing of the Agreement and to
the host authoritys prevailing general rules and regulations concerning
opening of branches and subsidiaries of foreign banks.
In this para 10 host authority and home authority
apply only to the Bank of Israel (BOI) and the PMA.
- A bank wishing to open a branch or establish
a subsidiary will apply to the host authority, having first obtained
the approval of its home authority. The host authority will notify the
home authority of the terms of the license, and will give its final
approval unless the home authority objects.
- The home authority will be responsible for
the consolidated and comprehensive supervision of banks, inclusive of
branches and subsidiaries in the area under the jurisdiction of the
host authority. However, the distribution of supervision responsibilities
between the home and the host authorities concerning subsidiaries will
be according to the Basle Concordat.
- The host authority will regularly examine
the activities of branches and subsidiaries in the area under its jurisdiction.
The home authority will have the right to conduct on site examinations
in the branches and subsidiaries in the host area. However, the supervision
responsibilities of the home authority concerning subsidiaries will
be according to the Basle Concordat.
Accordingly, each authority will transfer to the other authority copies
of its examination reports and any information relevant to the solvency,
stability and soundness of the banks, their branches and subsidiaries.
- The BOI and the PMA will establish a mechanism
for cooperation and for the exchange of information on issues of mutual
interest.
- The New Israeli Sheqel (NIS) will be one
of the circulating currencies in the Areas and will legally serve there
as means of payment for all purposes including official transactions.
Any circulating currency, including the NIS, will be accepted by the
Palestinian Authority and by all its institutions, local authorities
and banks, when offered as a means of payment for any transaction.
- Both sides will continue to discuss, through
the JEC, the possibility of introducing mutually agreed Palestinian
currency or temporary alternative currency arrangements for the Palestinian
Authority.
- The liquidity requirements on all deposits
in banks operating in the Areas will be determined and announced by
the PMA.
- Banks in the Areas will accept NIS deposits.
The liquidity requirements on the various kinds of NIS deposits (or
deposit linked to the NIS) in banks operating in the Areas will not
be less than 4% to 8%, according to the type of deposits. Changes of
over 1% in the liquidity requirements on NIS deposits (or deposits linked
to the NIS) in Israel will call for corresponding changes in the above
mentioned rates.
- The supervision and inspection of the implementation
of all liquidity requirements will be carried out by the PMA.
- The reserves and the liquid assets required
according to this paragraph will be deposited at the PMA according to
rules and regulations determined by it. Penalties for non compliance
with the liquidity requirements will be determined by the PMA.
The PMA will regulate and administer a discount
window system and the supply of temporary finance for banks operating
in the Areas.
- The PMA will establish or license a clearing
house in order to clear money orders between the banks operating in
the Areas, and with other clearing houses.
- The clearing of money orders and transactions
between banks operating in the Areas and banks operating in Israel will
be done between the Israeli and the Palestinian clearing houses on same
working day basis, according to agreed arrangements.
Both sides will allow correspondential relations
between each others banks.
The PMA will have the right to convert at the
BOI excess NIS received from banks operating in the Areas into foreign
currency, in which the BOI trades in the domestic inter-bank market, up
to the amounts determined per period, according to the arrangements detailed
in para 16 below.
- The excess amount of NIS, due to balance
of payments flows, that the PMA will have the right to convert into
foreign currency, will be equal to:
- Estimates of all Israeli imports
of goods and services from the Areas, valued at market prices (inclusive
of taxes), which were paid for in NIS, less:
- the taxes collected by the Palestinian
Authority on all Israeli imports from the Areas and
rebated to Israel in NIS, and
- the taxes collected by Israel on all
Israeli imports from the Areas and included in their
market value, and not rebated to the Palestinian Authority,
minus
- Estimates of all Israeli exports
of goods and services to the Areas, valued at market prices (inclusive
of taxes), which were paid for in NIS, less
- the taxes collected by Israel on such
exports and rebated to the Palestinian Authority,
and
- the taxes collected by the Palestinian
Authority on such exports and included in their market
value, and not rebated to Israel;
plus
- The accumulated net amounts of foreign
currency converted previously into NIS by the PMA, as recorded in
the BOI Dealing Room.
- The said flows and amounts will be calculated
as of the date of the signing of the Agreement.
Notes to para 16:
- The estimates of the said exports
and imports of goods and services will include inter alia labor
services, NIS expenditure of tourists and Israelis in the Areas and
NIS expenditure of Palestinians of the Areas in Israel.
- Taxes and pension contributions on imports
of labor services, paid to importing side and rebated to
the exporting one, will not be included in the estimates
of the sums to be converted, as the exports earnings
of labor services are recorded in the statistics inclusive of them,
although they do not accrue to the individuals supplying them.
The PMA and the BOI will meet annually to discuss
and determine the annual amount of convertible NIS during the following
calendar year and will meet semi-annually to adjust the said amount. The
amounts determined annually and adjusted semi-annually will be based on
data and estimates regarding the past and on forecasts for the wi following
period, according to the formula mentioned in para 16. The first meeting
will be as soon as possible within three months after the date of the
signing of the Agreement.
- The exchange of foreign currency for NIS
and vice-versa by the PMA will be carried out through the BOI Dealing
Room, at the market exchange rates.
- The BOI will not be obliged to convert in
any single month more than 1/5 of the semi-annual amount, as mentioned
in para 17.
- There will be no ceiling on the annual foreign
currency conversions by the PMA into NIS. However, in order to avoid
undesirable fluctuations in the foreign exchange market, monthly ceilings
of such conversions will be agreed upon in the annual and semi-annual
meetings referred to in para 17.
- Banks in the Areas will convert NIS into
other circulating currencies and vice-versa.
- The Palestinian Authority will have the
authorities, powers and responsibilities regarding the regulation and
supervision of capital activities in the Areas, including the licensing
of capital market institutions, finance companies and investment funds.
Article V: Direct
Taxation
- Israel and the Palestinian Authority will
each determine and regulate independently its own tax policy in matters
of direct taxation, including income tax on individuals and corporations,
property taxes, municipal taxes and fees.
- Each tax administration will have the right
to levy the direct taxes generated by economic activities within its
area.
- Each tax administration may impose additional
taxes on residents within its area on (individuals and corporations)
who conduct economic activities in the other sides area.
- Israel will transfer to the Palestinian
Authority a sum equal to:
- 75% of the income taxes collected from
Palestinians from the Gaza Strip and the Jericho Area employed in
Israel.
- The full amount of income taxes collected
from Palestinians from the Gaza Strip and Jericho Area employed in
the settlements.
- The two sides will agree on a set of procedures
that will address all issues concerning double taxation.
Article VI: Indirect
Taxes on Local Production
- The Israel and the Palestinian tax administrations
will levy and collect VAT and purchase taxes on local production, as
well as any other indirect taxes, in their respective areas.
- The purchase tax rates within the jurisdiction
of each tax administration will be identical as regards locally produced
and imported goods.
- The present Israeli VAT rate is 17%. The
Palestinian VAT rate will be 15% to 16%.
- The Palestinian Authority will decide on
the maximum annual turnover for businesses under its jurisdiction to
be exempt from VAT, within an upper limit of 12,000 US $.
- The VAT on purchases by businesses registered
for VAT purposes will accrue to the tax administration with which the
respective business is registered.
Businesses will register for VAT purposes with the tax administration
of the side of their residence, or on the side of their ongoing operation.
There will be clearance of VAT revenues between the Israeli and Palestinian
VAT administrations on the following conditions:
- The VAT clearance will apply to VAT on
transactions between businesses registered with the VAT administration
of the side in which they reside.
- The following procedures will apply to
clearance of VAT revenues accruing from transactions by businesses
registered for VAT purposes:
- To be acceptable for clearance purposes,
special invoices, clearly marked for this purpose, will be used
for transactions between businesses registered with the different
sides.
- The invoices will be worded either
in both Hebrew and Arabic or in English and will be filled out
in any of these three languages, provided that the figures are
written in Arabic (not Hindi) numerals.
- For the purpose of tax rebates, such
invoices will be valid for six months from their date of issue.
- Representatives of the two sides will
meet once a month, on the 20th day of the month, to present each
other with a list of invoices submitted to them for tax rebate,
for VAT clearance. This list will include the following details
regarding each invoice:
- The number of the registered business
issuing it;
- The name of the registered business
issuing it;
- The number of the invoice;
- The date of issue;
- The amount of the invoice;
- The name of the recipient of the
invoice.
- The clearance claims will be settled
within 6 days from the meeting, through a payment by the side
with the net balance of claims against it, to the other side.
- Each side will provide the other side,
upon demand, with invoices for verification purposes. Each tax
administration will be responsible for providing invoices for
verification purposes for 6 months after receiving them.
- Each side will take the necessary
measure to verify the authenticity of the invoices presented to
it for clearance by the other side.
- Claims for VAT clearance which will
not be found valid will be deducted from the next clearance payment.
- Once an inter-connected computer system
for tax rebates to businesses and for VAT clearance between the
two sides is operational, it will replace the clearance procedures
specified in sub-paras 4-8.
- The two tax administrations will exchange
lists of the businesses registered with them and will provide
each other with the necessary documentation, if required, for
the verification of transactions.
- The two sides will establish a sub-committee
which will deal with the implementation arrangements regarding
the clearance of VAT revenues set above.
- VAT paid by not-for-profit Palestinian organizations
and institutions, registered by the Palestinian Authority, on transactions
in Israel, will accrue to the Palestinian tax administration. The clearance
system set out in para 5 will apply to these organizations and institutions.
Article VII: Labor
- Both sides will attempt to maintain the
normality of movement of labor between them, subject to each sides
right to determine from time to time the extent and conditions of the
labor movement into its area. If the normal movement is suspended temporarily
by either side, it will give the other side immediate notification,
and the other side may request that the matter be discussed in the Joint
Economic Committee.
The placement and employment of workers from one side in the area of
the other side will be through the employment service of the other side
and in accordance with the other sides legislation. The Palestinian
side has the right to regulate the employment of Palestinian labor in
Israel through the Palestinian employment service, and the Israeli Employment
Service will cooperate and coordinate in this regard.
- Palestinians employed in Israel will be
insured in the Israeli social insurance system according to the National
Insurance Law for employment injuries that occur in Israel, bankruptcy
of employers and maternity leave allowance.
- The National Insurance fees deducted from
the wages for maternity insurance will be reduced according to the
reduced scope of maternity insurance, and the equalization deductions
transferred to the Palestinian Authority, if levied, will be increased
accordingly.
- Implementation procedures relating thereto
will be agreed upon between the Israeli National Insurance Institute
and the Palestinian Authority or the appropriate Palestinian social
insurance institution.
- Israel will transfer to the Palestinian
Authority, on a monthly basis, the equalization deductions as defined
by Israeli legislation, if imposed and to the extent levied by Israel.
The sums so transferred will be used for social benefits and health
services, decided upon by the Palestinian Authority, for Palestinians
employed in Israel and for their families.
The equalization deductions to be so transferred will be those collected
after the date of the signing of the Agreement from wages of Palestinians
employed in Israel and from their employers.
These sums will not include
- Payments for health services in places
of employment.
- 2/3 of the actual administrative costs
in handling the matters related to the Palestinians employed in
Israel by the Payments Section of the Israeli Employment Service.
- Israel will transfer, on a monthly basis,
to a relevant pension insurance institution to be established by the
Palestinian Authority, pension insurance deductions collected after
the establishment of the above institution and the completion of the
documents mentioned in para 6.
These deductions will be collected from wages of Palestinians employed
in Israel and their employers, according to the relevant rates set out
in the applicable Israeli collective agreements. 2/3 of the actual administrative
costs in handling these deductions by the Israeli Employment Service
will be deducted from the sums transferred. The sums so transferred
will be used for providing pension insurance for these workers. Israel
will continue to be liable for pension rights of the Palestinian employees
in Israel, to the extent accumulated by Israel before the entry into
force of this para 4.
- Upon the receipt of the deductions, the
Palestinian Authority and its relevant social institutions will assume
full responsibility in accordance with the Palestinian legislation and
arrangements, for pension rights and other social benefits of Palestinians
employed in Israel, that accrue from the transferred deductions related
to these rights and benefits. Consequently, Israel and its relevant
social institutions and the Israeli employers will be released from,
and will not be held liable for any obligations and responsibilities
concerning personal claims, rights and benefits arising from these transferred
deductions, or from the provisions of paras 2-4 above.
- Prior to the said transfers, the Palestinian
Authority or its relevant institutions, as the case may be, will provide
Israel with the documents required to give legal effect to their aforesaid
obligations, including mutually agreed implementation procedures of
the principles agreed upon in paras 3-5 above.
- The above arrangements concerning equalization
deductions and/or pension deductions may be reviewed and changed by
Israel if an authorized court in Israel will determine that the deductions
or any part thereof must be paid to individuals, or used for individual
social benefits or insurance in Israel, or that it is otherwise unlawful.
In such a case the liability of the Palestinian side will not exceed
the actual transferred deductions related to the case.
- Israel will respect any agreement reached
between the Palestinian Authority, or an organization or trade-union
representing the Palestinians employed in Israel, and a representative
organization of employees or employers in Israel, concerning contributions
to such organization according to any collective agreement.
- The Palestinian Authority may integrate
the existing health insurance scheme for Palestinians employed in
Israel and their families in its health insurance services. As long
as this scheme continues, whether integrated or separately, Israel
will deduct from their wages the health insurance fees (health
stamp) and will transfer them to the Palestinian Authority for
this purpose.
- The Palestinian Authority may integrate
the existing health insurance scheme for Palestinians who were employed
in Israel and are receiving pension payments through the Israeli Employment
Service, in its health insurance services. As long as this scheme
continues, whether integrated or separately, Israel will deduct the
necessary sum of health insurance fees (health stamp)
from the equalization payments and will transfer them to the Palestinian
Authority for this purpose.
- The JEC will meet upon the request of either
side and review the implementation of this Article and other issues
concerning labor, social insurance and social rights.
- Other deductions not mentioned above, if
any, will be jointly reviewed by the JEC. Any agreement between the
two sides concerning these deductions will be in addition to the above
provisions.
- Palestinians employed in Israel will have
the right to bring disputes arising out of employee-employer relationships
and other issues before the Israeli Labor Courts, within these courts
jurisdiction.
- This Article governs the future labor relations
between the two sides and will not impair any labor rights prior to
the date of signing of the Agreement.
Article VIII: Agriculture
- There will be free movement of agricultural
produce, free of customs and import taxes, between the two sides, subject
to the following exceptions and arrangements.
- The official veterinary and plant protection
services of each side will be responsible, within the limits of their
respective jurisdiction, for controlling animal health, animal products
and biological products, and plants and parts thereof, as well as their
importation and exportation.
- The relations between the official veterinary
and plant protection services of both sides will be based on mutuality
in accordance with the following principles, which will be applied in
all the areas under their respective jurisdiction:
- Israel and the Palestinian Authority will
do their utmost to preserve and improve the veterinary standards.
- Israel and the Palestinian Authority will
take all measures to reach equivalent and compatible standards regarding
animal disease control, including mass vaccination of animals and
avians, quarantines, stamping out measures and residue
control standards.
- Mutual arrangements will be made to prevent
the introduction and spread of plant pests and diseases, for their
eradication and concerning residue control standards in plant products.
- The official veterinary and plant protection
services of Israel and the Palestinian Authority will coordinate and
regularly exchange information regarding animal diseases, as well
as plant pests and diseases, and will establish a mechanism for immediate
notification of the outbreak of such diseases.
- Trade between the two sides in animals,
animal products and biological products will be in keeping with the
principles and definitions set out in the current edition of the OIE
National Animal Health Code as updated from time to time (hereinafterI.A.H.C.).
- Transit of livestock, animal products and
biological products from one side through the area under the jurisdiction
of the other side, should be conducted in a manner aimed at the prevention
of diseases spreading to or from the consignment during its movement.
For such a transit to be permitted, it is a prerequisite that the veterinary
conditions agreed upon by both sides will be met in regard to importation
of animals, their products and biological products from external markets.
Therefore the parties agree to the following arrangements.
- The official veterinary services of each
side have the authority to issue veterinary import permits for import
of animals, animal products and biological products to the areas under
its jurisdiction. In order to prevent the introduction of animal diseases
from third parties, the following procedures will be adopted:
- The import permits will strictly follow
the professional veterinary conditions for similar imports to Israel
as prevailing at the time of their issuance. The permits will specify
the country of origin and the required conditions to be included in
the official veterinary certificates which should be issued by the
veterinary authorities in the countries of origin and which should
accompany each consignment.
Each side may propose a change in these conditions. The change will
come into force 10 days after notice to the other side, unless the
other side requested that the matter be brought before the Veterinary
Sub-Committee specified in para 14 (hereinafterVSC). If it is
more stringent than the prevailing conditionsit will come into
force 20 days after the request, unless both sides decide otherwise
through the VSC, and if more lenientit will come into force
only if agreed upon by both sides through the VSC. However, if the
change is urgent and needed for the protection of animal and public
health, it will come into force immediately after notice by the other
side and will remain in force unless and until both sides agree otherwise
through the VSC.
- The official veterinary certificates will
include the provisions regarding OIE Lists A & B Diseases as specified
in the I.A.H.C. When the I.A.H.C. allows alternative requirements
regarding the same disease, the most stringent one will be adopted
unless otherwise agreed upon by the VSC.
- When infectious diseases which are not
included in Lists A & B of the I.A.H.C. exist or are suspected,
on scientific grounds, to exist in the exporting country, the necessary
veterinary import conditions that will be required and included in
the official veterinary certificates, will be discussed in the VSC,
and in the case of different professional opinions, the most stringent
ones will be adopted.
- The import of live vaccines will be permitted
only if so decided by the VSC.
- Both sides will exchange, through the
VSC, information pertaining to import licensing, including the evaluation
of the disease situation and zoosanitary capability of exporting countries,
which will be based upon official information as well as upon other
available data.
- Consignments which do not conform with
the above mentioned requirements will not be permitted to enter the
areas under the jurisdiction of either side.
- Transportation of livestock and poultry
and of animal products and biological products between areas under the
jurisdiction of one side through areas under the jurisdiction of the
other side, will be subject to the following technical rules:
- The transportation will be by vehicles
which will be sealed with a seal of the official veterinary services
of the place of origin and marked with a visible sign Animal
Transportation or Products of Animal Origin in Arabic
and Hebrew, in coloured and clearly visible letters on white background;
- Each consignment will be accompanied by
a veterinary certificate issued by the official veterinary services
of the place of origin, certifying that the animals or their products
were examined and are free of infectious diseases and originate from
a place which is not under quarantine or under animal movement restrictions.
- Transportation of livestock and poultry,
animal products and biological products destined for Israel from the
Areas and vice versa will be subject to veterinary permits issued by
the official veterinary services of the recipient side, in keeping with
the OIE standards used in international traffic in this field. Each
such consignment will be transported by a suitable and marked vehicle,
accompanied by a veterinary certificate in the form agreed upon between
the official veterinary services of both sides. Such certificates will
be issued only if permits of the recipient side are presented.
- In order to prevent the introduction of
plant pests and diseases to the region, the following procedures will
be adopted:
- The transportation between the Areas and
Israel, of plants and parts thereof (including fruits and vegetables),
the control of pesticide residues in them and the transportation of
plant propagation material and of animal feed, may be inspected without
delay or damage by the plant protection services of the recipient
side.
- The transportation between the Areas through
Israel of plants and parts thereof (including fruits and vegetables)
as well as of pesticides, may be required to pass a phytosanitary
inspection without delay or damage.
- The official Palestinian plant protection
services have the authority to issue permits for the import of plants
and parts thereof as well as of pesticides from external markets.
The permits will be based on the prevailing standards and requirements.
The permits will specify the required conditions to be included in
the official Phytosanitary Certificates (hence P.C.) based upon the
standards and the requirements of the International Plant Protection
Convention (I.P.P.C.)and those of the European and Mediterranean Plant
Protection Organization (E.P.P.O.) which should accompany each consignment.
The P.C.s will be issued by the plant protection services in
the countries of origin. Dubious or controversial cases will be brought
before the sub-committee on plant protection.
- The agricultural produce of both sides will
have free and unrestricted access to each others markets, with
the temporary exception of sales from one side to the other side of
the following items only: poultry, eggs, potatoes, cucumbers, tomatoes
and melons. The temporary restrictions on these items will be gradually
removed on an increasing scale until they are finally eliminated by
1998, as listed below:
|
Year
|
Poultry
|
Eggs
|
Potatoes
|
Cucumbers
|
Tomatoes
|
Melons
|
| |
(tons)
|
(millions)
|
(tons)
|
(tons)
|
(tons)
|
(tons)
|
|
1994
|
5,000
|
30
|
10,000
|
10,000
|
13,000
|
10,000
|
|
1995
|
6,000
|
40
|
13,000
|
13,000
|
16,000
|
13,000
|
|
1996
|
7,000
|
50
|
15,000
|
15,000
|
19,000
|
15,000
|
|
1997
|
8,000
|
60
|
17,000
|
17,000
|
22,000
|
17,000
|
|
1998
|
unlimited
|
unlimited
|
unlimited
|
unlimited
|
unlimited
|
unlimited
|
- Note: The above figures refer to the combined
quantities marketed from the West Bank and Gaza Strip to Israel and
vice-versa. The Palestinian Authority will notify Israel the apportioning
of these quantities between these areas concerning the quantities pertaining
to the Palestinian produce.
- The Palestinians will have the right to
export their agricultural produce to external markets without restrictions,
on the basis of certificates of origin issued by the Palestinian Authority.
- Without prejudice to obligations arising
out of existing international agreements, the two sides will refrain
from importing agricultural products from third parties which may adversely
affect the interests of each others farmers.
- Each side will take the necessary measures
in the area under its jurisdiction to prevent damage which may be caused
by its agriculture to the environment of the other side.
- The two sides will establish sub-committees
of their respective official veterinary and plant protection services,
which will update the information and review issues, policies and procedures
in these fields. Any changes in the provisions of this Article will
be agreed upon by both sides.
- The two sides will establish a sub-committee
of experts in the dairy sector in order to exchange information, discuss
and coordinate their production in this sector so as to protect the
interests of both sides. In principle, each side will produce according
to its domestic consumption.
Article IX: Industry
- There will be free movement of industrial
goods free of any restrictions including customs and import taxes between
the two sides, subject to each sides legislation.
- The Palestinian side has the right to
employ various methods in encouraging and promoting the development
of the Palestinian industry by way of providing grants, loans, research
and development assistance and direct-tax benefits. The Palestinian
side has also the right to employ other methods of encouraging industry
resorted to in Israel.
- Both sides will exchange information about
the methods employed by them in the encouragement of their respective
industries.
- Indirect tax rebates or benefits and other
subsidies to sales shall not be allowed in trade between the two sides.
- Each side will do its best to avoid damage
to the industry of the other side and will take into consideration the
concerns of the other side in its industrial policy.
- Both sides will cooperate in the prevention
of deceptive practices, trade in goods which may endanger health, safety
and the environment and in goods of expired validity.
- Each side will take the necessary measures
in the area under its jurisdiction to prevent damage which may be caused
by its industry to the environment of the other side.
- The Palestinians will have the right to
export their industrial produce to external markets without restrictions,
on the basis of certificates of origin issued by the Palestinian Authority.
- The JEC will meet and review issues pertaining
to this Article.
Article X: Tourism
- The Palestinian Authority will establish
a Palestinian Tourism Authority which will exercise, inter alia, the
following powers in the Areas.
- Regulating, licensing, classifying and
supervising tourist services, sites and industries.
- Promoting foreign and domestic tourism
and developing the Palestinian tourist resources and sites.
- Supervising the marketing, promotion and
information activities related to foreign and domestic tourism.
- Each side shall, under its respective jurisdiction,
protect, guard and ensure the maintenance and good upkeep of historical,
archaeological, cultural and religious sites and all other tourist sites,
to fit their status as well as their purpose as a destination for visitors.
- Each side will determine reasonable visiting
hours and days for all tourist sites in order to facilitate visits at
a wide variety of days and hours, taking into consideration religious
and national holidays. Each side shall publicize such opening times.
Meaningful changes in the opening times will take into consideration
tourist programs already committed to.
- Tourist buses or any other form of tourist
transport authorized by either side, and operated by companies registered
and licensed by it, will be allowed to enter and proceed on their tour
within the area under the jurisdiction of the other side, provided that
such buses or other vehicles conform with the EEC technical specifications
[I. currently adopted.] All such vehicles will be clearly marked as
tourist vehicles.
- Each side will protect the environment and
the ecology around the tourist sites under its jurisdiction. In view
of the importance of beaches and maritime activities for tourism, each
side will do its best efforts to ensure that development and construction
on the Mediterranean coast, and especially at ports (such as Ashqelon
or Gaza), will be planned and carried out in a manner that will not
adversely affect the ecology, environment or the functions of the coastline
and beaches of the other side.
- Tourism companies and agencies licensed
by either side shall enjoy equal access to tourism-related facilities
and amenities in border points of exit and entry according to the regulations
of the authority operating them.
- Each side will license, according to its
own rules and regulations, travel agents, tour companies, tour guides
and other tourism businesses (hereinaftertourism entities) within
its jurisdiction.
- Tourism entities authorized by either
side, will be allowed to conduct tours that include the area under
the jurisdiction of the other side, provided that their authorization
as well as their operation will be in accordance with rules, professional
requirements and standards agreed upon by both sides in the sub-committee
mentioned in para 9.
Pending that agreement, existing tourism entities in the Areas which
are currently allowed to conduct tours that include Israel, will be
allowed to continue to do so, and Israeli authorized tourism entities
will continue to be allowed to conduct tours that include the Areas.
In addition, any tourism entity of one side that the tourism authorities
of the other side will certify as fulfilling all its rules, professional
requirements and standards, will be allowed to conduct tours that
include that other side.
- Each side will make its own arrangement
for compensation of tourists for bodily injury and property damages
caused by political violence in the areas under its respective jurisdiction.
- The JEC or a tourism sub-committee established
by it shall meet upon the request of either side in order to discuss
the implementation of the provisions of this Article and resolve problems
that may arise. The sub-committee will also discuss and consider tourist
issues of benefit to both sides, and will promote educational programs
for tourism entities of both sides in order to further their professional
standards and their ethics. Complaints of one side against the behaviour
of tourism entities of the other side will be channelled through the
committee.
Note: It is agreed that the final wording
in the last sentence in para 4 will be adopted according to the final
wording in the relevant provisions of the Agreement.
Article XI: Insurance
Issues
- The authorities, powers and responsibilities
in the insurance sphere in the Areas, including inter alia the licensing
of insurers, insurance agents and the supervision of their activities,
will be transferred to the Palestinian Authority.
- The Palestinian Authority will maintain
a compulsory absolute liability system for road accident victims with
a ceiling on the amount of compensation based upon the following principles:
- Absolute liability for death or bodily
injury to road accident victims, it being immaterial whether or
not there was fault on the part of the driver and whether or not
there was fault or contributory fault on the part of others, each
driver being responsible for persons travelling in his vehicle
and for pedestrians hit by his vehicle.
- Compulsory insurance for all motor
vehicles, covering death or bodily injury to all road accident
victims, including drivers.
- No cause of action in tort for death
or bodily injury resulting from road accidents.
- The maintenance of a statutory fund
(hereinafterthe Fund) for compensation of road accident
victims who are unable to claim compensation from an insurer for
the following reasons:
- the driver liable for compensation
is unknown;
- the driver is not insured or his
insurance does not cover the liability involved; or
- the insurer is unable to meet his
liabilities.
- Terms in this Article will have the
same meaning as in the legislation prevailing at the date of signing
of the Agreement concerning compulsory motor vehicle insurance
and compensation of road accident victims.
- Any change by either side in the rules
and regulations regarding the implementation of the above mentioned
principles will require prior notice to the other side. A change
which might substantially affect the other side will require prior
notice of at least three months.
- Upon the signing of the Agreement the
Palestinian Authority will establish a Fund for the Areas (hereinafterthe
Palestinian Fund) for the purposes detailed in para 2(a)(4) above
and for the purposes detailed below. The Palestinian Fund will assume
the responsibilities of the statutory Road Accident Victims Compensation
Fund in the West Bank and the Gaza Strip (hereinafterthe Existing
Fund) regarding the Areas, according to the prevailing law at that
time. Accordingly, the Existing Fund will cease to be responsible
for any liability regarding accidents occurring in the Areas from
the date of signing of the Agreement.
- The Existing Fund will transfer to the
Palestinian Fund, after the assumption of the above mentioned responsibilities
by it, the premiums paid to the Existing Fund by the insurers for
vehicles registered in the Areas, pro-rata to the unexpired period
of each insurance policy.
- Compulsory motor vehicle insurance policies
issued by insurers licensed by either side will be valid in the territories
of both sides. Accordingly, a vehicle registered in one side covered
by such a policy will not be required to have an additional insurance
coverage for travel in the areas under the other sides jurisdiction.
These insurance policies will cover all the liabilities according
to the legislation of the place of the accident.
- In order to cover part of the liabilities
which may incur due to road accidents in Israel by uninsured vehicles
registered in the Palestinian Authority, the Palestinian Fund will
transfer to the Israeli Fund, on a monthly basis, for each insured
vehicle, an amount equal to 30% of the amount paid to the Israeli
Fund by an insurer registered in Israel, for the sat-ne type of vehicle,
for the same period of insurance (which will not be less than 90 days).
- In cases where a victim of a road accident
wishes to claim compensation from an insurer registered by the other
side or from the Fund of the other side or in cases where a driver or
an owner of a car is sued by a victim, by an insurer or by the Fund
of the other side, he may nominate the Fund of his side as his proxy
for this purpose. The Fund so nominated may address any relevant party
from the other side directly or through the other sides.
Article X: Tourism
- The Palestinian Authority will establish
a Palestinian Tourism Authority which will exercise, inter alia, the
following powers in the Areas.
- Regulating, licensing, classifying and
supervising tourist services, sites and industries.
- Promoting foreign and domestic tourism
and developing the Palestinian tourist resources and sites.
- Supervising the marketing, promotion and
information activities related to foreign and domestic tourism.
- Each side shall, under its respective jurisdiction,
protect, guard and ensure the maintenance and good upkeep of historical,
archaeological, cultural and religious sites and all other tourist sites,
to fit their status as well as their purpose as a destination for visitors.
- Each side will determine reasonable visiting
hours and days for all tourist sites in order to facilitate visits at
a wide variety of days and hours, taking into consideration religious
and national holidays. Each side shall publicize such opening times.
Meaningful changes in the opening times will take into consideration
tourist programs already committed to.
- Tourist buses or any other form of tourist
transport authorized by either side, and operated by companies registered
and licensed by it, will be allowed to enter and proceed on their tour
within the area under the jurisdiction of the other side, provided that
such buses or other vehicles conform with the EEC technical specifications
[I. currently adopted.] All such vehicles will be clearly marked as
tourist vehicles.
- Each side will protect the environment and
the ecology around the tourist sites under its jurisdiction. In view
of the importance of beaches and maritime activities for tourism, each
side will do its best efforts to ensure that development and construction
on the Mediterranean coast, and especially at ports (such as Ashqelon
or Gaza), will be planned and carried out in a manner that will not
adversely affect the ecology, environment or the functions of the coastline
and beaches of the other side.
- Tourism companies and agencies licensed
by either side shall enjoy equal access to tourism-related facilities
and amenities in border points of exit and entry according to the regulations
of the authority operating them.
- Each side will license, according to its
own rules and regulations, travel agents, tour companies, tour guides
and other tourism businesses (hereinaftertourism entities) within
its jurisdiction.
- Tourism entities authorized by either
side, will be allowed to conduct tours that include the area under
the jurisdiction of the other side, provided that their authorization
as well as their operation will be in accordance with rules, professional
requirements and standards agreed upon by both sides in the sub-committee
mentioned in para 9.
Pending that agreement, existing tourism entities in the Areas which
are currently allowed to conduct tours that include Israel, will be
allowed to continue to do so, and Israeli authorized tourism entities
will continue to be allowed to conduct tours that include the Areas.
In addition, any tourism entity of one side that the tourism authorities
of the other side will certify as fulfilling all its rules, professional
requirements and standards, will be allowed to conduct tours that
include that other side.
- Each side will make its own arrangement
for compensation of tourists for bodily injury and property damages
caused by political violence in the areas under its respective jurisdiction.
- The JEC or a tourism sub-committee established
by it shall meet upon the request of either side in order to discuss
the implementation of the provisions of this Article and resolve problems
that may arise. The sub-committee will also discuss and consider tourist
issues of benefit to both sides, and will promote educational programs
for tourism entities of both sides in order to further their professional
standards and their ethics. Complaints of one side against the behaviour
of tourism entities of the other side will be channelled through the
committee.
Note: It is agreed that the final wording
in the last sentence in para 4 will be adopted according to the final
wording in the relevant provisions of the Agreement.
- Fund.
- In the case of a road accident in which
neither the registration number of the vehicle nor the identity of the
driver are known, the Fund of the side which has jurisdiction over the
place of the accident will compensate the victim, according to its own
legislation.
- The Fund of each side will be responsible
towards the victims of the other side for any liability of the insurers
of its side regarding the compulsory insurance and will guarantee their
liabilities.
- Each side will guarantee its Funds
liabilities according to this Article.
- The two sides will negotiate within three
months from the date of the signing of the Agreement a cut-off agreement
between the Existing Fund and the Palestinian Fund concerning accidents
which occurred in the Areas prior to the date of the signing of the
Agreement, whether claims have been reported or not. The cut-off agreement
will not include compensation for Israeli victims involved in accidents
which occurred in the Areas prior to the date of the signing of the
Agreement.
- Fund.
- In the case of a road accident in which
neither the registration number of the vehicle nor the identity of the
driver are known, the Fund of the side which has jurisdiction over the
place of the accident will compensate the victim, according to its own
legislation.
- The Fund of each side will be responsible
towards the victims of the other side for any liability of the insurers
of its side regarding the compulsory insurance and will guarantee their
liabilities.
- Each side will guarantee its Funds
liabilities according to this Article.
- The two sides will negotiate within three
months from the date of the signing of the Agreement a cut-off agreement
between the Existing Fund and the Palestinian Fund concerning accidents
which occurred in the Areas prior to the date of the signing of the
Agreement, whether claims have been reported or not. The cut-off agreement
will not include compensation for Israeli victims involved in accidents
which occurred in the Areas prior to the date of the signing of the
Agreement.
- The two sides will establish immediately
upon the signing of the Agreement, a sub-committee of experts (hereinafterthe
Sub-Committee) which will deal with issues regarding the implementation
of this Article, including:
- Procedures concerning the handling
of claims of victims of the one side from insurers or from the
Fund of the other side;
- Procedures concerning the transfer
of the amounts between the Funds of both sides as mentioned in
para 4(b) above;
- The details of the cut-off agreement
between the Existing Fund and the Palestinian Fund, as set out
in para 9 above;
- Any other relevant issue raised by
either side.
- The Sub-Committee will act as a continuous
committee for issues regarding this Article.
- The two sides will exchange, through the
Sub-Committee, the relevant information regarding the implementation
of this Article, including police reports, medical information, relevant
statistics, premiums, etc. The two sides will provide each other with
any other assistance required in this regard.
- Each side may require the re-examination
of the arrangements set out in this Article a year after the date of
the signing of the Agreement.
- Insurers from both sides may apply for a
license to the relevant authorities of the other side, according to
the rules and regulations regarding foreign insurers in the latter side.
The two sides agree not to discriminate against such applicants.
Done in Paris, this twenty ninth day of
April, 1994
For the Government of Israel
Finance Minister Avraham Shohat
For the PLO
Abu Ala (Ahmed Korei)
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