Contents
Protocol on Economic Relations
between the Government of the State of Israel
and the P.L.O., representing the Palestinian people
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
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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.
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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.
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This Protocol will come into force upon the signing of the
Agreement.
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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.
The Joint Economic Committee
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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.
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The JEC will serve as the continuing committee for economic
cooperation envisaged in Annex III of the Declaration of Principles.
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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.
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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.
Import Taxes and Import Policy
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The import and customs policies of both sides will be according
to the principles and arrangements detailed in this Article.
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The Palestinian Authority will have all powers and responsibilities
in the sphere of import and customs policy and procedures with regard to
the following:
(1)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.
(2)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.
a. 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.
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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.
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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.
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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.
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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.
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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 Listmentioned above or not), and may fix
it at the level of 15% to 16%.
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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:
i. 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;
ii. They have been imported directly from the said country;
iii. 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.
iv. The goods are accompanied by an internationally recognized
certificate of origin;
v. 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.
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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.
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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.
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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.
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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:
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this gasoline is marked in a distinctive colour to
differentiate it from the gasoline marketed in Israel ; and
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the Palestinian Authority will take all the necessary steps
to ensure that this gasoline is not marketed in Israel.
a. 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 .
b. If Egyptian gasoline standards will comply with the
conditions of sub-para (a) above, the importation of Egyptian gasoline
will also be allowed.
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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.
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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.
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The clearance of revenues from all import taxes and le, 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.
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The Joint Economic Committee or a sub-committee established
by it for the purposes of this Article will deal inter alia with the following:
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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,
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Estimate the Palestinian market needs, as mentioned in para
3 above-,
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Receive notifications of changes and conduct consultations,
as mentioned in para 6 above-,
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Agree upon the rules of origin as mentioned in para 8 above,
and review their implementation,
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Coordinate the exchange of information relevant to licensing
matters as mentioned in para 9 above.
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Discuss and review any other matters concerning the implementation
of this Article and resolve problems arising therefrom.
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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.
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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.
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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.
Monetary and Financial Issues
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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.
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The PMA will act as the Palestinian Authority’s official
economic and financial advisor.
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The PMA will act as the Palestinian Authority’s and the public
sector entities” sole financial agent, locally and internationally.
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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.
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The PMA will act as the lender of last resort for the banking
system in the Areas.
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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.
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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: 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.
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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 I0 d, e, and f below will apply to
these branches.
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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 ranches 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.
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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.
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a. The liquidity requirements on all deposits in banks operating
in the Areas will be determined and announced by the PMA.
b. 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.
c. The supervision and inspection of the implementation
of all liqrequirements will be carried out by the PMA.
d. 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.
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The PMA will regulate and administer a discount window system
and the supply of temporary finance for banks operating in the Areas.
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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.
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Both sides will allow correspondential relations between
each others' banks.
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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.
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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:
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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
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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
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The accumulated net amounts of foreign currency converted
previously into NIS by the PMA, as recorded in the BOI Dealing Room.
C. 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.
17. 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 shall
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.
18. 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.
19. 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.
20. Banks in the Areas will convert NIS into
other circulating currencies and vice-versa.
21. 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.
This following
Article was replaced. The replacement Article is below.
Article V
Direct Taxation
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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.
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Each tax administration will have the right to levy the direct
taxes generated by economic activities within its area.
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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.
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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.
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The two sides will agree on a set of procedures that will
address all issues concerning double taxation.
Appendix 1
(Replacing Article V of the Protocol on Economic
Relations)
Article V
Direct Taxation
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Israel and the Palestinian side 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.
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Each tax administration will have the right to levy the direct
taxes generated by economic activities within the area under its tax responsibility.
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Each tax administration may impose additional taxes on its
residents (individuals and corporations) who conduct economic activities
in areas under the tax responsibility of the other side.
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Israel will transfer to the Palestinian side a sum equal
to:
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of the income taxes collected from Palestinians from the
West Bank and the Gaza Strip employed in Israel .
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The full amount of the income taxes collected from Palestinians
from the West Bank and the Gaza Strip employed in the Settlements.
5. When a Palestinian remits payment to an
Israeli the following rules regarding deduction at source shall apply:
a. No tax shall be deducted at source on income
from the sales of goods from the areas under Israeli tax responsibility,
which are not supplied by means of a permanent establishment in the areas
under Palestinian tax responsibility. Where income from the sales of goods
is attributable to a permanent establishment in the areas under Palestinian
tax responsibility, tax may be deducted at source, but only on such income
as is attributable to such permanent establishment.
b. No tax shall be deducted at source on income
derived by an Israeli from transportation activities, if the point of departure
or the point of final destination is in the areas under Israeli tax responsibility.
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When an Israeli remits payment to a Palestinian which is
income accruing in of deriving in the West Bank and the Gaza Strip, the
following rules regarding deduction at source shall apply:
a. No tax shall be deducted at source on income
from the sales of goods from the areas under Palestinian tax responsibility
which are not supplied by means of a permanent establishment in the areas
under Israeli tax responsibility. Where income from the sales of goods
is attributable to a permanent establishment in the areas under Israeli
tax responsibility, tax such permanent establishment.
b. No tax shall be deducted at source on income
derived by a Palestinian from transportation activities, if the point of
departure of the point of final destination is in the areas under Palestinian
tax responsibility.
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Non-deduction at source in accordance with the provisions
of paragraphs 5 and 6 above, shall be carried out through the use of certificates
in the form set out inSchedule 1. Such certificates shall be issued on
special paper in order to assure that the certificates are authentic. The
certificates will be worded in both Hebrew and Arabic and will be written
in “Arabic”( not Hindi) numerals.
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a. In any case, where the appropriate certificate referred
to in paragraph 7 has not been presented to the payer prior to the payment
of income referred to in paragraphs 5 and 6 above, tax will be deducted
at source by the prayer according to the applicable law.
b. With regard to income not referred to in
paragraphs 5 and 6 above, tax may be imposed by the tax administration
responsible for the areas in which the income was accrued or derived.
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Each side will grant its residents a tax relief for income
tax paid by them on income accrued in or derived in the areas under the
tax responsibility of the other side.
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Both sides agree that a special subcommittee will be established
to finalize the arrangements and procedures regarding taxation issues (including
issues concerning double taxation.
This following
Article was replaced. The replacement Article is below.
Article VI
Indirect Taxes on Local Producation
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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.
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The purchase tax rates within the jurisdiction of each tax
administration will be identical as regards locally produced and imported
goods.
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The present Israeli VAT rate is 17%. The Palestinian VAT
rate will be 15% to 16%.
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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 $.
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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:
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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.
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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.
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For the purpose of tax rebates, such invoices will be valid
for six months from their date of issue.
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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.
-
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 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.
Appendix 2
(Replacing Article VI of the Protocol on Economic
Relations)
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.
-
While the prevailing concepts and principles of VAT will
continue to be applied by both sides in a compatible way, the Palestinian
VAT rate shall not be lower than 2% below the Israeli VAT rate (the present
Israeli VAT rate is 17%).
-
The Palestinian side 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$ .
-
a. Ongoing permanent businesses will register for VAT purposes
with the VAT administration of the side exercising responsibility in the
place in which they are situated.
b. When subparagraph a. Does not apply, dealers
will register for VAT purposes with the VAT administration of the side
of their residence, notwithstanding the place of their activity. A corporation
will register for VAT purposes according to the residency of the individual
holding the majority of its shares which grant rights to distribution of
profits.
c. Special cases of dealers having ongoing
operations in the other side without having a permanent place of business
there, will be dealt with by the join committee established according to
paragraph 11 below, upon a request of either side.
d. Each side will provide the other side,
upon request, information concerning sales of specific dealers from one
side to specific dealers from the other side. Israel will provide the Palestinian
tax administration assistance in collecting information concerning the
activities in Israel of Palestinian dealers registered for VAT purposes
with the Palestinian VAT administration having ongoing operations in Israel,
and will enable Palestinian inspectors to follow their activities in Israel,
and will enable Palestinian inspectors to follow their activities in Israel,
as necessary for tax enforcement purposes and allowed by law.
-
The VAT on purchases by dealers registered for VAT purposes
will accrue to the VAT administration with which the dealer is registered.
-
The principles set out in paragraphs 1-6 of this Article
shall also apply to wage-and-profit tax on financial institutions.
-
There will be clearance of VAT revenues between the Israeli
side and the Palestinian side according to the following conditions:
a. The VAT clearance will apply to VAT on
transactions between dealers registered with different VAT administrations.
b. The following procedures will apply to
clearance of VAT revenues accruing from transactions b dealers registered
for VAT purposes:
-
For transactions between dealers registered with the different
VAT administrations special invoices, clearly marked for this purpose,
must be used, and they will be accepted for clearance purposes.
-
These invoices will be worded in both Hebrew and Arabic and
will be filled out in any of these two languages or in English, provided
hat the figures are written in “Arabic”(not Hindi) numerals and hat the
amounts filled out in the invoice are stated also iNIS. The amount of VAT
will be specified both numerically and in words.
-
For the purposes 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 twenty-fifth 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 dealer issuing it;
b. the name of the registered dealer issuing it;
c. the number of the invoice;
d. the date of issue;
e. the amount of the invoice - with a separate reference
to the amount of VAT;and
f. the name and the registration number of the recipient
of the invoice.
-
The clearance claims will be settled within six 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 request, with
invoices for verification purposes. Each tax administration will be responsible
for providing invoices for verification. Each tax administration will be
responsible for providing invoices for verification purposes for two years
after receiving them.
-
Each side will take the necessary measures 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 interconnected computer system for tax rebates to
dealers and for VAT clearance between the two sides is operational, it
will replace the clearance procedures specified in subparagraph (4) above.
-
The two tax administrations will exchange lists of the dealers
registered with them and will provide each other with the necessary documentation
if requested, for the verification of transactions.
-
The joint subcommittee established under paragraph 11 will
deal with the implementation of the provisions of this paragraph.
-
VAT paid on transactions made with dealers registered with
the Israeli side by not-for-profit Palestinian organizations and institutions,
or by financial institutions, which are registered with the Palestinian
side, or by the Palestinian local authorities, or by the Palestinian side
itself, will be remitted to the Palestinian side in accordance with the
clearance system set out in paragraph 8 above.
-
VAT paid on transactions made with dealers registered with
the Palestinian side by not-for-profit Israeli organizations and institutions,
or by financial institutions, which are registered with the Israeli local
authorities, or by the Israeli side itself, will be remitted to the Israeli
side in accordance with the clearance system set out in paragraph 8 above.
-
The two sides will establish a joint committee composed of
representatives of both VAT administrations. This committee will deal with
all issues requiring coordination and cooperation with regard to this Article.
Labor
-
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
-
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.
4. 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 para6.
These deductions will be collected from wages
of Palestinians 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.
-
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 willdeduct 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.
10. 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.
11. 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.
12. 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.
13. 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:
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 zoo sanitary 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 “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 inspectewithout 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
(in tons) |
Eggs
(in tons) |
Potatoes
(in tons) |
Cucumbers
(in tons) |
Tomatoes
(in tons) |
Melons
(in 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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 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.
-
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.
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.
-
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.
-
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.
-
Each side will make itown 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 channeled 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.
-
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:
-
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 traveling
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 (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.
b. 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.
c. 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).
-
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' 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 Fund's 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.
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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:
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Procedures concerning the handling of claims of victims of
the one side from insurers or from the Fund of the other side;
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Procedures concerning the transfer of the amounts between
the Funds of both sides as mentioned in para 4(b) above-,
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The details of the cut-off agreement between the Existing
Fund and the Palestinian Fund, as set out in para 9 above;
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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.
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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.
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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
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For the Government of Israel
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For the PLO
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Finance Minister Avraham Shohat
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Abu Ala (Ahmed Korei)
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