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

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