Agreed Principles for Rafah Crossing
Export agreement coding (PDF)- Country/entityIsrael
Palestine - RegionMiddle East and North Africa
Middle East and North Africa - Agreement nameAgreed Principles for Rafah Crossing
- Date15 Nov 2005
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ( )
- StageFramework/substantive - partial
- Conflict natureGovernment/territory
- Peace processIsrael-Palestine peace process
- PartiesIsrael, PLO
- Third parties-
- DescriptionAgreement outlines the responsibilities on operating the Rafah Crossing from Palestine into Egypt. Provisions include powersharing, third party involvement and security arrangement, etc.
- Agreement document
Groups
- Children/youth
No specific mention.
- Disabled personsGroups→Disabled persons→SubstantivePage 2, General,
...
Until Rafah is operational, the PA will open Rafah crossing on an ad hoc basis for religious pilgrims, medical patients, and others, in coordination with General Gilad's office on the Israeli side. - Elderly/age
No specific mention.
- Migrant workers
No specific mention.
- Racial/ethnic/national group
No specific mention.
- Religious groupsGroups→Religious groups→SubstantivePage 2, General, Until Rafah is operational, the PA will open Rafah crossing on an ad hoc basis for religious pilgrims, medical patients, and others, in coordination with General Gilad's office on the Israeli side.
- Indigenous people
No specific mention.
- Other groups
No specific mention.
- Refugees/displaced persons
No specific mention.
- Social class
No specific mention.
Gender
- Women, girls and gender
No specific mention.
- Men and boys
No specific mention.
- LGBTI
No specific mention.
- Family
No specific mention.
State definition
- Nature of state (general)
No specific mention.
- State configuration
No specific mention.
- Self determination
No specific mention.
- Referendum
No specific mention.
- State symbols
No specific mention.
- Independence/secession
No specific mention.
- Accession/unification
No specific mention.
- Border delimitation
No specific mention.
- Cross-border provisionPage 2, General, Rafah will be the only crossing point between the Gaza Strip and Egypt (with the exception of Kerem Shalom for the agreed period).
Governance
- Political institutions (new or reformed)
No specific mention.
- Elections
No specific mention.
- Electoral commission
No specific mention.
- Political parties reform
No specific mention.
- Civil societyThe PA will notify the GoI 48 hours in advance of the crossing of a person in the excepted categories-diplomats, foreign investors, foreign representatives of recognized international organizations and humanitarian cases.
The GoI will respond within 24 hours with any objections and will include the reasons for the objections;
The PA will notify the GoI of their decision within 24 hours and will include the reasons for their decision; - Traditional/religious leaders
No specific mention.
- Public administration
No specific mention.
- Constitution
No specific mention.
Power sharing
- Political power sharing
No specific mention.
- Territorial power sharingPower sharing→Territorial power sharing→Local/municipal governmentPage 1,
General
Rafah will be operated by the Palestinian Authority on its side, and Egypt on its side, according to international standards, in accordance with Palestinian law and subject to the terms of this agreement. - Economic power sharing
No specific mention.
- Military power sharing
No specific mention.
Human rights and equality
- Human rights/RoL general[Summary] References to international standards are made throughout the agreement.
Page 3, Customs, Rafah will be operated according to international standards and rules and the Paris Protocol. - Bill of rights/similar
No specific mention.
- Treaty incorporationPage 3, Customs, Rafah will be operated according to international standards and rules and the Paris Protocol.
- Civil and political rights
No specific mention.
- Socio-economic rights
No specific mention.
Rights related issues
- CitizenshipRights related issues→Citizenship→Citizenship otherPage 1, General, Use of the Rafah crossing will be restricted to Palestinian ID card holders and others by exception in agreed categories with prior notification to the GoI and approval of senior PA leadership.
- Democracy
No specific mention.
- Detention procedures
No specific mention.
- Media and communication
No specific mention.
- Mobility/accessPage 3, Security, On a case by case basis, the PA will consider information on persons of concern provided by the GoI. The PA will consult with the GoI and the 3rd party prior to the PA making a decision to prohibit travel or not. During this consultation, which will not take more than six hours, the person in question will not be permitted to cross.
Page 3, Security, The PA will provide the 3rd party a list of names of the workers at Rafah crossing which will be shared with the Israelis. The PA will take the Israelis concerns into account. - Protection measures
No specific mention.
- Other
No specific mention.
Rights institutions
- NHRI
No specific mention.
- Regional or international human rights institutions
No specific mention.
Justice sector reform
- Criminal justice and emergency law
No specific mention.
- State of emergency provisions
No specific mention.
- Judiciary and courts
No specific mention.
- Prisons and detention
No specific mention.
- Traditional Laws
No specific mention.
Socio-economic reconstruction
- Development or socio-economic reconstruction
No specific mention.
- National economic plan
No specific mention.
- Natural resources
No specific mention.
- International fundsPage 4, Third Party, The 3rd party [EU] will assist the PA to build capacity - training, equipment and technical assistance - on border management and customs.
- BusinessPage 1, General, The PA will notify the GoI 48 hours in advance of the crossing of a person in the excepted categories-diplomats, foreign investors, foreign representatives of recognized international organizations and humanitarian cases.
The GoI will respond within 24 hours with any objections and will include the reasons for the objections;
The PA will notify the GoI of their decision within 24 hours and will include the reasons for their decision;
... Rafah will also be used for export of goods to Egypt.
Page 2, Security, Travellers, including returning residents, may use the crossing point to bring in personal effects as defined in Rule 1(e) to Heading 7 of the Annex to the prevailing Customs Tariff. Any other personal belongings or other goods shall be cleared at the Kerem Shalom crossing point. - TaxationSocio-economic reconstruction→Taxation→Reform of taxationPage 1, To be supplemented prior to opening by agreements on security, customs and 3rd party implementation procedures
Page 2, Security, Travellers, including returning residents, may use the crossing point to bring in personal effects as defined in Rule 1(e) to Heading 7 of the Annex to the prevailing Customs Tariff. Any other personal belongings or other goods shall be cleared at the Kerem Shalom crossing point.
Page 3, Customs, GoI and PA agree on widest possible co-operation and information sharing.
GoI and PA will co-operate on training issues.
GoI and PA customs will hold regular meetings to which the GoE will be invited as appropriate.
Kerem Shalom
PA customs officials will clear incoming cargo at Kerem Shalom under the supervision of Israeli customs agents.
Both sides will discuss operating procedures at a later stage.
Operations at Kerem Shalom will provide training and capacity building to PA customs staff.
The 3rd party [EU] will review the PA's customs capacity in 12 months and make a recommendation to both sides for a joint decision regarding future arrangements. In the event of a disagreement, the U.S., in consultation with the GoI, the PA, and the 3rd party, will resolve the issue expeditiously. - Banks
No specific mention.
Land, property and environment
- Land reform/rights
No specific mention.
- Pastoralist/nomadism rights
No specific mention.
- Cultural heritage
No specific mention.
- Environment
No specific mention.
- Water or riparian rights or access
No specific mention.
Security sector
- Security GuaranteesPage 1-2, General, Objective criteria for the inspection of cars will be established by consensus. The criteria are as follows:
Search equipment will be installed, including
- Black lights
- Power tools and a compressor for the tools
- Technology to be agreed, possibly including sonic imagery, gamma detection (full vehicle or hand held), and/or millimetre wave imagery
- Mirrors and bore scope equipment to search hard to reach places
Personnel will be trained to search vehicles and on the use of this equipment by the 3rd party to international standards.
Cameras will be installed to monitor the search process.
The 3rd party [EU] will evaluate the capacity of the PA to inspect cars according to these criteria and to international standards. Once the PA develops the capacity to inspect cars to the satisfaction of the 3rd party, cars will be allowed to pass through Rafah. Until that time, cars will pass through on an exceptional basis, subject to specifications agreed in the security protocol.
Page 2, Security, The PA will act to prevent the movement of weapons and explosives at the Rafah crossing.
Page 3, Security, Security services from Israel, PA, the U.S., and Egypt will continue to coordinate on security issues and will participate in the security working group
Page 3, Security, On a case by case basis, the PA will consider information on persons of concern provided by the GoI. The PA will consult with the GoI and the 3rd party prior to the PA making a decision to prohibit travel or not. During this consultation, which will not take more than six hours, the person in question will not be permitted to cross. - Ceasefire
No specific mention.
- Police
No specific mention.
- Armed forces
No specific mention.
- DDR
No specific mention.
- Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forces
No specific mention.
- Withdrawal of foreign forces
No specific mention.
- Corruption
No specific mention.
- Crime/organised crime
No specific mention.
- Drugs
No specific mention.
- Terrorism
No specific mention.
Transitional justice
- Transitional justice general
No specific mention.
- Amnesty/pardon
No specific mention.
- Courts
No specific mention.
- Mechanism
No specific mention.
- Prisoner release
No specific mention.
- Vetting
No specific mention.
- Victims
No specific mention.
- Missing persons
No specific mention.
- Reparations
No specific mention.
- Reconciliation
No specific mention.
Implementation
- UN signatory
No specific mention.
- Other international signatory
No specific mention.
- Referendum for agreement
No specific mention.
- International mission/force/similarPage 2, General, A liaison office, led by the 3rd party [EU], will receive real-time video and data feed of the activities at Rafah and will meet regularly to review implementation of this agreement, resolve any disputes arising from this agreement, and perform other tasks specified in this agreement.
- Enforcement mechanism[Summary] The third party [EU] is provided an extensive role in arbitration and oversight.
- Related cases
No specific mention.
- SourceUSIP; http://www.usip.org/sites/default/files/file/resources/collections/peace_agreements/rafah_crossing.pdf
Agreed Principles for Rafah Crossing
15 November 2005
To be supplemented prior to opening by agreements on security, customs and 3rd party implementation procedures.
General
Rafah will be operated by the Palestinian Authority on its side, and Egypt on its side, according to international standards, in accordance with Palestinian law and subject to the terms of this agreement.
Rafah will be opened as soon as it is ready to operate at an international standard in accordance with the specifications of this agreement and as soon as the 3rd party is on site, with a target date of November 25.
Use of the Rafah crossing will be restricted to Palestinian ID card holders and others by exception in agreed categories with prior notification to the GoI and approval of senior PA leadership.
The PA will notify the GoI 48 hours in advance of the crossing of a person in the excepted categories-diplomats, foreign investors, foreign representatives of recognized international organizations and humanitarian cases.
The GoI will respond within 24 hours with any objections and will include the reasons for the objections;
The PA will notify the GoI of their decision within 24 hours and will include the reasons for their decision;
The 3rd party will ensure the proper procedures are followed and will advise both sides of any information in its possession pertaining to the people applying to cross under these exceptions.
These procedures will remain in place for a period of 12 months, unless the 3rd party delivers a negative evaluation of the PA running the Rafah crossing.
This evaluation will be done in close coordination with both sides and will give due consideration to the opinion of both sides.
Rafah will also be used for export of goods to Egypt.
Objective criteria for the inspection of cars will be established by consensus.
The criteria are as follows:
Search equipment will be installed, including
- Black lights
- Power tools and a compressor for the tools
- Technology to be agreed, possibly including sonic imagery, gamma detection (full vehicle or hand held), and/or millimetre wave imagery
- Mirrors and bore scope equipment to search hard to reach places
Personnel will be trained to search vehicles and on the use of this equipment by the 3rd party to international standards.
Cameras will be installed to monitor the search process.
The 3rd party will evaluate the capacity of the PA to inspect cars according to these criteria and to international standards.
Once the PA develops the capacity to inspect cars to the satisfaction of the 3rd party, cars will be allowed to pass through Rafah.
Until that time, cars will pass through on an exceptional basis, subject to specifications agreed in the security protocol.
Rafah will be the only crossing point between the Gaza Strip and Egypt (with the exception of Kerem Shalom for the agreed period).
The PA will establish clear operating procedures.
Until Rafah is operational, the PA will open Rafah crossing on an ad hoc basis for religious pilgrims, medical patients, and others, in coordination with General Gilad's office on the Israeli side.
Israel will provide the PA with all information needed to update the Palestinian population registry, including all information on Palestinian ID card holders who are currently outside the country.
A liaison office, led by the 3rd party, will receive real-time video and data feed of the activities at Rafah and will meet regularly to review implementation of this agreement, resolve any disputes arising from this agreement, and perform other tasks specified in this agreement.
Security
The PA will act to prevent the movement of weapons and explosives at the Rafah crossing.
The PA will establish baggage limits for each passenger as part of the procedures.
Limits will be the same as currently applied by the GoI;
very frequent travellers (suitcase policy) to be agreed.
Travellers, including returning residents, may use the crossing point to bring in personal effects as defined in Rule 1(e) to Heading 7 of the Annex to the prevailing Customs Tariff.
Any other personal belongings or other goods shall be cleared at the Kerem Shalom crossing point.
The PA will provide the 3rd party a list of names of the workers at Rafah crossing which will be shared with the Israelis.
The PA will take the Israelis concerns into account.
Security services from Israel, PA, the U.S., and Egypt will continue to coordinate on security issues and will participate in the security working group.
On a case by case basis, the PA will consider information on persons of concern provided by the GoI. The PA will consult with the GoI and the 3rd party prior to the PA making a decision to prohibit travel or not.
During this consultation, which will not take more than six hours, the person in question will not be permitted to cross.
Customs
GoI and PA will continue to apply the Paris Protocol of 29 April 1994.
Rafah will be operated according to international standards and rules and the Paris Protocol.
GoI and PA agree on widest possible co-operation and information sharing.
GoI and PA will co-operate on training issues.
GoI and PA customs will hold regular meetings to which the GoE will be invited as appropriate.
Kerem Shalom
PA customs officials will clear incoming cargo at Kerem Shalom under the supervision of Israeli customs agents.
Both sides will discuss operating procedures at a later stage.
Operations at Kerem Shalom will provide training and capacity building to PA customs staff.
The 3rd party will review the PA's customs capacity in 12 months and make a recommendation to both sides for a joint decision regarding future arrangements.
In the event of a disagreement, the U.S., in consultation with the GoI, the PA, and the 3rd party, will resolve the issue expeditiously.
Third party
The 3rd party will have the authority to ensure that the PA complies with all applicable rules and regulations concerning the Rafah crossing point and the terms of this agreement.
In case of non- compliance the 3rd party has the authority to order the re-examination and reassessment of any passenger, luggage, vehicle or goods.
While the request is being processed, the person, luggage, vehicle or cargo in question will not be allowed to leave the premises of the Rafah crossing point.
The 3rd party will assist the PA to build capacity - training, equipment and technical assistance - on border management and customs.
Details of the 3rd party's role are specified in the attached memorandum of understanding.
The 3rd party will be the European Union.