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 other's 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 other's 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
1.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.
2.This Protocol, including its Appendixes, will be incorporated
into the Agreement on the Gaza Strip and the
Jericho Area (in this Protocol - the
Agreement), will be an integral part thereof and interpreted accordingly.
This
paragraph refers solely to the Gaza
Strip and the Jericho Area.
3.This Protocol will come into force upon the signing
of the Agreement.
4.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
1.Both parties will establish a Palestinian-Israeli Joint
Economic Committee (hereinafter - the 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.
2.The JEC will serve as the continuing committee for economic
cooperation envisaged in Annex III of the
Declaration of Principles.
3.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.
4.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
1.The import and customs policies of both sides will be
according to the principles and arrangements detailed in
this Article.
a.The Palestinian
Authority will have all powers and responsibilities in the sphere of import
and customs
policy
and procedures with regard to the following:
a.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.
b.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.
b.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 then — on 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.
2.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
period's estimates adjusted for population growth and rise in per-capita
GNP in the previous period, will serve
as provisional estimate.
3.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.
a.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 (hereinafter - the
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.
b.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.
4.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.
5.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%.
6.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:
a.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;
b.They have been imported directly from the said country;
c.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.
d.The goods are accompanied by an internationally recognized certificate
of origin;
e.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.
i.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.
ii.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.
a.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.
b.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.
a.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
committee's
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:
a.this gasoline is marked in a distinctive colour to differentiate it from
the gasoline marketed in
Israel; and
b.the Palestinian Authority will take all the necessary steps to ensure
that this gasoline is not
marketed in Israel.
b.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.
c.If Egyptian gasoline
standards will comply with the conditions of sub-para (a) above, the importation
of
Egyptian
gasoline will also be allowed.
a.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.
b.In the entry points of the Jordan River and the Gaza
Strip:
a.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-committee's
decision.
b.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.
c.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.
d.The Joint Economic Committee or a sub-committee established
by it for the purposes of this Article will deal
inter alia with the following:
a.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;
b.Estimate the Palestinian
market needs, as mentioned in para 3 above;
c.Receive notifications
of changes and conduct consultations, as mentioned in para 6 above;
d.Agree upon the rules of
origin as mentioned in para 8 above, and review their implementation;
e.Coordinate the exchange
of information relevant to licensing matters as mentioned in para 9 above;
f.Discuss and review
any other matters concerning the implementation of this Article and resolve
problems
arising therefrom.
a.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.
b.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.
c.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
1.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.
2.The PMA will act as the Palestinian Authority's official
economic and financial advisor.
3.The PMA will act as the Palestinian Authority's and
the public sector entities' sole financial agent, locally and
internationally.
4.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.
5.The PMA will act as the lender of last resort for the
banking system in the Areas.
6.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.
a.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.
b.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".
c.The supervision
department will be charged with the general supervision of every such bank,
including:
a.The regulation of all kinds of banking activities, including their foreign
activities;
b.The licensing of banks formed locally and of branches, subsidiaries,
joint ventures and
representative offices of foreign banks and the approval of controlling
shareholders;
c.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.
a.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.
b.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 authority's 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.
c.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.
d.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".
e.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.
f.The BOI and the PMA will establish a mechanism
for cooperation and for the exchange of information on
issues of mutual interest.
a.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.
b.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.
c.The liquidity requirements on all deposits in
banks operating in the Areas will be determined and announced by
the PMA.
d.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.
e.The supervision and inspection of the implementation
of all liquidity requirements will be carried out by the
PMA.
f.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.
a.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.
b.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.
a.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:
a.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:
i.the taxes collected by the Palestinian Authority on all Israeli "imports"
from the Areas and
rebated to Israel in NIS, and
ii.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
b.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
i.the taxes collected by Israel on such "exports" and rebated to the Palestinian
Authority, and
ii.the taxes collected by the Palestinian Authority on such "exports" and
included in their market
value, and not rebated to Israel;
plus
c.The accumulated net
amounts of foreign currency converted previously into NIS by the PMA, as
recorded
in the BOI Dealing Room.
b.The said flows and amounts will be calculated as of
the date of the signing of the Agreement.
Notes to para 16:
i.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.
ii.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.
a.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.
b.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.
c.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.
d.Banks in the Areas will convert NIS into other circulating
currencies and vice-versa.
e.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
1.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.
2.Each tax administration will have the right to levy
the direct taxes generated by economic activities within its
area.
3.Each tax administration may impose additional taxes
on residents within its area on (individuals and
corporations) who conduct economic activities
in the other side's area.
4.Israel will transfer to the Palestinian Authority a
sum equal to:
a.75% of the income
taxes collected from Palestinians from the Gaza Strip and the Jericho Area
employed
in Israel.
b.The full amount of income
taxes collected from Palestinians from the Gaza Strip and Jericho Area
employed
in the settlements.
5.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
1.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.
2.The purchase tax rates within the jurisdiction of each
tax administration will be identical as regards locally
produced and imported goods.
3.The present Israeli VAT rate is 17%. The Palestinian
VAT rate will be 15% to 16%.
4.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 $.
5.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:
a.The VAT clearance
will apply to VAT on transactions between businesses registered with the
VAT
administration
of the side in which they reside.
b.The following procedures
will apply to clearance of VAT revenues accruing from transactions by
businesses
registered for VAT purposes:
a.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.
b.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.
c.For the purpose of tax rebates, such invoices will be valid for six months
from their date of issue.
d.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:
a.The number of the registered business issuing it;
b.The name of the registered business issuing it;
c.The number of the invoice;
d.The date of issue;
e.The amount of the invoice;
f.The name of the recipient of the invoice.
e.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.
f.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.
g.Each side will take the necessary measure to verify the authenticity
of the invoices presented to
it for clearance by the other side.
h.Claims for VAT clearance which will not be found valid will be deducted
from the next clearance
payment.
i.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).
j.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.
k.The two sides will establish a sub-committee which will deal with the
implementation
arrangements regarding the clearance of VAT revenues set above.
6.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
1.Both sides will attempt to maintain the normality of
movement of labor between them, subject to each side's
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.
a.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.
b.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.
c.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.
a.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
a.Payments for health services in places of employment.
b.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.
2.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.
3.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.
4.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.
5.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.
6.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.
a.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.
b.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.
7.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.
8.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.
9.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.
10.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
1.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.
2.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.
3.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:
a.Israel and the Palestinian
Authority will do their utmost to preserve and improve the veterinary
standards.
b.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.
c.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.
d.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.
4.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 (hereinafter - I.A.H.C.).
5.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.
6.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:
a.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 (hereinafter - VSC). If it is more stringent than
the prevailing
conditions
— it will come into force 20 days after the request, unless both sides
decide otherwise
through
the VSC, and if more lenient — it 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.
b.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.
c.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.
d.The import of live vaccines
will be permitted only if so decided by the VSC.
e.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.
f.Consignments which
do not conform with the above mentioned requirements will not be permitted
to
enter
the areas under the jurisdiction of either side.
7.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:
a.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;
b.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.
8.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.
9.In order to prevent the introduction of plant pests
and diseases to the region, the following procedures will be
adopted:
a.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.
b.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.
c.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.
10.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
(tons)
|
Eggs
(millions)
|
Potatoes
(tons)
|
Cucumbers
(tons)
|
Tomatoes
(tons)
|
Melons
(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 other's
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
1.There will be free movement of industrial goods free
of any restrictions including customs and import taxes
between the two sides, subject to each
side's legislation.
a.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.
b.Both sides will exchange
information about the methods employed by them in the encouragement of
their
respective industries.
c.Indirect tax rebates
or benefits and other subsidies to sales shall not be allowed in trade
between the
two sides.
2.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.
3.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.
4.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.
5.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.
6.The JEC will meet and review issues pertaining to this
Article.
Article X
TOURISM
1.The Palestinian Authority will establish a Palestinian
Tourism Authority which will exercise, inter alia, the
following powers in the Areas.
a.Regulating, licensing,
classifying and supervising tourist services, sites and industries.
b.Promoting foreign and
domestic tourism and developing the Palestinian tourist resources and sites.
c.Supervising the
marketing, promotion and information activities related to foreign and
domestic tourism.
2.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.
3.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.
4.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.
5.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.
6.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.
a.Each side will license,
according to its own rules and regulations, travel agents, tour companies,
tour
guides
and other tourism businesses (hereinafter - tourism entities) within its
jurisdiction.
b.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.
7.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.
8.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
1.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.
a.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:
a.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.
b.Compulsory insurance for all motor vehicles, covering death or bodily
injury to all road accident
victims, including drivers.
c.No cause of action in tort for death or bodily injury resulting from
road accidents.
d.The maintenance of a statutory fund (hereinafter - the Fund) for compensation
of road accident
victims who are unable to claim compensation from an insurer for the following
reasons:
i.the driver liable for compensation is unknown;
ii.the driver is not insured or his insurance does not cover the liability
involved; or
iii.the insurer is unable to meet his liabilities.
e.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.
f.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.
a.Upon the signing
of the Agreement the Palestinian Authority will establish a Fund for the
Areas
(hereinafter
- the 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 (hereinafter - the
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.
b.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.
a.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 side's
jurisdiction.
These insurance policies will cover all the liabilities according to the
legislation of the place
of the
accident.
b.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).
2.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
1.The Palestinian Authority will establish a Palestinian
Tourism Authority which will exercise, inter alia, the
following powers in the Areas.
a.Regulating, licensing,
classifying and supervising tourist services, sites and industries.
b.Promoting foreign and
domestic tourism and developing the Palestinian tourist resources and sites.
c.Supervising the
marketing, promotion and information activities related to foreign and
domestic tourism.
2.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.
3.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.
4.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.
5.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.
6.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.
a.Each side will license,
according to its own rules and regulations, travel agents, tour companies,
tour
guides
and other tourism businesses (hereinafter - tourism entities) within its
jurisdiction.
b.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.
7.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.
8.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.
1.Fund.
2.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.
3.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.
4.Each side will guarantee its Fund's liabilities according
to this Article.
5.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.
a.The two sides will
establish immediately upon the signing of the Agreement, a sub-committee
of experts
(hereinafter
- the Sub-Committee) which will deal with issues regarding the implementation
of this
Article,
including:
a.Procedures concerning the handling of claims of victims of the one side
from insurers or from
the Fund of the other side;
b.Procedures concerning the transfer of the amounts between the Funds of
both sides as
mentioned in para 4(b) above;
c.The details of the cut-off agreement between the Existing Fund and the
Palestinian Fund, as set
out in para 9 above;
d.Any other relevant issue raised by either side.
b.The Sub-Committee will
act as a continuous committee for issues regarding this Article.
c.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.
6.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.
7.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)