The Wye River Memorandum

Washington, October 23, 1998.

 

The following are steps to facilitate implementation of the
Interim Agreement on the West Bank and Gaza Strip of September
28, 1995 (the "Interim Agreement") and other related agreements
including the Note for the Record of January 17, 1997
(hereinafter referred to as "the prior agreements") so that the
Israeli and Palestinian sides can more effectively carry out
their reciprocal responsibilities, including those relating to
further redeployments and security respectively. These steps are
to be carried out in a parallel phased approach in accordance
with this Memorandum and the attached time line. They are subject
to the relevant terms and conditions of the prior agreements and
do not supersede their other agreements.

I. FURTHER REDEPLOYMENTS

A. Phase One and Two Further Redeployments

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

1% to Area (A)
12% to Area (B)

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

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

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

B. Third Phase of Further Redeployments

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

II. SECURITY
In the provisions on security arrangements of the Interim
Agreement, the Palestinian side agreed to take all measures
necessary in order to prevent acts of terrorism, crime and
hostilities directed against the Israeli side, against
individuals failing under the Israeli side's authority and
against their property, just as the Israeli side agreed to take
all measures necessary in order to prevent acts of terrorism,
crime and hostilities directed against the Palestinian side,
against individuals falling under the Palestinian side's
authority and against their property. The two sides also agreed
to take legal measures against offenders within their
jurisdiction and to prevent incitement against each other by any
organizations, groups or individuals within their jurisdiction.

Both sides recognize that it is in their vital interests to
combat terrorism and fight violence in accordance with Annex I
of the Interim Agreement and the Note for the Record. They also
recognize that the struggle against terror and violence must be
comprehensive in that it deals with terrorists, the terror
support structure, and the environment conducive to the support
of terror. It must be continuous and constant over a long-term,
in that there can be no pauses in the work against terrorists and
their structure. It must be cooperative in that no effort can be
fully effective without Israeli-Palestinian cooperation and the
continuous exchange of information, concepts, and actions.

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

A. Security Actions

1. Outlawing and Combating Terrorist Organizations

a) The Palestinian side will make known its policy of zero
tolerance for terror and violence against both sides.

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

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

d) The Palestinian side will apprehend the specific individuals
suspected of perpetrating acts of violence and terror for the
purpose of further investigation, and prosecution and punishment
of all persons involved in acts of violence and terror.
A U.S.-Palestinian committee will meet to review and evaluate
information pertinent to the decisions on prosecution, punishment
or other legal measures which affect the status of individuals
suspected of abetting or perpetrating acts of violence and
terror.

2. Prohibiting Illegal Weapons

a) The Palestinian side will ensure an effective legal framework
is in place to criminalize, in conformity with the prior
agreements, any importation, manufacturing or unlicensed sale,
acquisition or possession of firearms, ammunition or weapons in
areas under Palestinian jurisdiction.

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

c) A U.S.-Palestinian-Israeli committee will be established to
assist and enhance cooperation in preventing the smuggling or
other unauthorized introduction of weapons or explosive materials
into areas under Palestinian jurisdiction.

3. Preventing Incitement

a) Drawing on relevant international practice and pursuant to
Article XXII (1) of the Interim Agreement and the Note for the
Record, the Palestinian side will issue a decree prohibiting all
forms of incitement to violence or terror, and establishing
mechanisms for acting systematically against all expressions or
threats of violence or terror. This decree will be comparable to
the existing Israeli legislation which deals with the same
subject.

b) A U.S.- Palestinian-Israeli committee will meet on a regular
basis to monitor cases of possible incitement to violence or
terror and to make recommendations and reports on how to prevent
such incitement. The Israeli, Palestinian and U.S. sides will
each appoint a media specialist, a law enforcement
representative, an educational specialist and a current or former
elected official to the committee.

B. Security Cooperation

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

1. Bilateral Cooperation

There will be full bilateral security cooperation between the two
sides which will be continuous, intensive and comprehensive.

2. Forensic Cooperation

There will be an exchange of forensic expertise, training, and
other assistance.

3. Trilateral Committee

In addition to the bilateral Israeli-Palestinian security
cooperation, a high-ranking U.S.-Palestinian-Israeli committee
will meet as required and not less than biweekly to assess
current threats, deal with any impediments to effective security
cooperation and coordination and address the steps being taken
to combat terror and terrorist organizations. The committee will
also serve as a forum to address the issue of external support
for terror. In these meetings, the Palestinian side will fully
inform the members of the committee of the results of its
investigations concerning terrorist suspects already in custody
and the participants will exchange additional relevant
information The committee will report regularly to the leaders
of the two sides on the status of cooperation, the results of the
meetings and its recommendations.

C. Other Issues 1. Palestinian Police Force

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

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

c) The Monitoring and Steering Committee will, as part of its
functions, monitor the implementation of this provision and brief
the U.S.

2. PLO Charter

The Executive Committee of the Palestine Liberation Organization
and the Palestinian Central Council will reaffirm the letter of
22 January 1998 from PLO Chairman Yasir Arafat to President
Clinton concerning the nullification of the Palestinian National
Charter provisions that are inconsistent with the letters
exchanged between the PLO and the Government of Israel on 9/10
September 1993. PLO Chairman Arafat, the Speaker of the Palestine
National Council, and the Speaker of the Palestinian Council will
invite the members of the PNC, as well as the members of the
Central Council, the Council, and the Palestinian Heads of
Ministries to a meeting to be addressed by President Clinton to
reaffirm their support for the peace process and the
aforementioned decisions of the Executive Committee and the
Central Council.

3. Legal Assistance in Criminal Matters

Among other forms of legal assistance in criminal matters, the
requests for arrest and transfer of suspects and defendants
pursuant to Article II (7) of Annex IV of the Interim Agreement
will be submitted (or resubmitted) through the mechanism of the
Joint Israeli-Palestinian Legal Committee and will be responded
to in conformity with Article II (7) (f) of Annex IV of the
Interim Agreement within the twelve week period. Requests submitted
after the eighth week will be responded to in
conformity with Article II (7) (f) within four weeks of their
submission. The U.S. has been requested by the sides to report
on a regular basis on the steps being taken to respond to the
above requests.

4. Human Rights and the Rule of Law

Pursuant to Article XI (1) of Annex I of the Interim Agreement,
and without derogating from the above, the Palestinian Police
will exercise powers and responsibilities to implement this
Memorandum with due regard to internationally accepted norms of
human rights and the rule of law, and will be guided by the need
to protect the public, respect human dignity, and avoid
harassment.

III. INTERIM COMMITTEES AND ECONOMIC ISSUES

1. The Israeli and Palestinian sides reaffirm their commitment
to enhancing their relationship and agree on the need to actively
promote economic development in the West Bank and Gaza. In this
regard, the parties agree to continue or to reactivate all
standing committees established by the Interim Agreement,
including the Monitoring and Steering Committee, the Joint
Economic Committee (JEC), the Civil Affairs Committee (CAC), the
Legal Committee, and the Standing Cooperation Committee. 2. The
Israeli and Palestinian sides have agreed on arrangements which
will permit the timely opening of the Gaza Industrial Estate.
They also have concluded a "Protocol Regarding the Establishment
and Operation of the International Airport in the Gaza Strip
During the Interim Period."

3. Both sides will renew negotiations on Safe Passage
immediately. As regards the southern route, the sides will make
best efforts to conclude the agreement within a week of the entry
into force of this Memorandum. Operation of the southern route
will start as soon as possible thereafter. As regards the
northern route, negotiations will continue with the goal of
reaching agreement as soon as possible. Implementation will take
place expeditiously thereafter.

4. The Israeli and Palestinian sides acknowledge the great
importance of the Port of Gaza for the development of the
Palestinian economy, and the expansion of Palestinian trade. They
commit themselves to proceeding without delay to conclude an
agreement to allow the construction and operation of the port in
accordance with the prior agreements. The Israeli-Palestinian
Committee will reactivate its work immediately with a goal of
concluding the protocol within sixty days, which will allow
commencement of the construction of the port.

5. The two sides recognize that unresolved legal issues adversely
affect the relationship between the two peoples. They therefore
will accelerate efforts through the Legal Committee to address
outstanding legal issues and to implement solutions to these
issues in the shortest possible period. The Palestinian side will
provide to the Israeli side copies of all of its laws in effect.
The Israeli and Palestinian sides also will launch a strategic
economic dialogue to enhance their economic relationship. They
will establish within the framework of the JEC an Ad Hoc
Committee for this purpose. The committee will review the
following four issues: (1) Israeli purchase taxes; (2)
cooperation in combating vehicle theft; (3) dealing with unpaid
Palestinian debts; and (4) the impact of Israeli standards as
barriers to trade and the expansion of the A1 and A2 lists. The
committee will submit an interim report within three weeks of the
entry into force of this Memorandum, and within six weeks will
submit its conclusions and recommendations to be implemented.

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

IV. PERMANENT STATUS NEGOTIATIONS

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

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

ATTACHMENT: Time Line

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

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

 

 

 

For the Government of the State of Israel:

Benjamin Netanyahu

For the PLO:

Yassir Arafat

Witnessed by:

William J. Clinton The United States of America

 

 

TIME LINE

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

1. Upon Entry into Force of the Memorandum:

- Third further redeployment committee starts (I (B)) -
Palestinian security work plan shared with the U.S. (II (A) (1)
(b)) - Full bilateral security cooperation (II (B) (1) ) -
Trilateral security cooperation committee starts (II (B) (3)) -
Interim committees resume and continue; Ad Hoc Economic Committee
starts (III) - Accelerated permanent status negotiations start
(IV)

2. Entry into Force - Week 2:

- Security work plan implementation begins (II (A) (1) (b)); (II
(A) (1) (c)) committee starts - Illegal weapons framework in
place (II (A) (2) (a)); Palestinian implementation report (II (A)
(2) (b)) - Anti-incitement committee starts (II (A) (3) (b));
decree issued (II (A) (3) (a)) - PLO Executive Comve Committee reaffirms Charter letter (II (C) (2)) - Stage 1 of F.R.D. implementation: 2% C to B, 7.1% B to A. Israeli officials acquaint their Palestinian counterparts as required with areas; F.R.D. carried out; report on F.R.D. implementation (I(A))

3. Week 2-6:

- Palestinian Central Council reaffirms Charter letter (weeks two to four) (II (C) (2)) - PNC and other PLO organizations reaffirm Charter letter (weeks four to six) (II (C) (2)) - Establishment of weapons collection program (II (A) (2) (b)) and collection stage (II (A) (2) (c)); committee starts and reports on activities. - Anti-incitement committee report (II (A) (3) (b)) - Ad Hoc Economic Committee: interim report at week three; final report at week six (III) - Policemen list (II (C) (1) (a)); Monitoring and Steering Committee review starts (II (C) (1) (c) - Stage 2 of F.R.D. implementation: 5% C to B. Israeli officials acquaint their Palestinian counterparts as required with areas; F.R.D. carried out; report on F.R.D. implementation (I (A))

4. Week 6-12:

- Weapons collection stage II (A) (2) (b); II (A) (2) (c) committee report on its activities. - Anti-incitement committee report (II (A) (3) (b)) - Monitoring and Steering Committee briefs U.S. on policemen list (II (C) (1) (c)) - Stage 3 of implementation: 5% C to B, 1% C to A, 7.1% B to A. Israeli officials acquaint Palestinian counterparts as required with areas; F.R.D. carried out; report on F.R.D. implementation (I (A))

5. After Week 12:

Activities described in the Memorandum continue as appropriate and if necessary, including:

- Trilateral security cooperation committee (II (B)(3)) - (II (A) (1) (c)) committee - (II (A) (1) (e)) committee - Anti-incitement committee (II (A) (3) (b)) - Third Phase F.R.D. Committee (I (B)) - Interim Committees (III) - Accelerated permanent status negotiations (IV)