The Wye River Memorandum
Signed by Israeli Prime Minister Natanyahu and PLO Chairman Yasser Arafat in
1998.
Reprinted with permission from MyIsraelSource.com.
October 23, 1998
The following are steps to facilitate implementation of the
Interim Agreement on the West Bank and Gaza Strip of September 28, 1995 (the
"Interim Agreement") and other related agreements including the Note
for the Record of January 17, 1997 (hereinafter referred to as "the memorandum
dealt with issues of redeployment and security in the West Bank, anti‑Israel
clauses the Palestinian charter which still had not been amended and economic
cooperation between Israel and the Palestinians prior agreements") so that
the Israeli and Palestinian sides can more effectively carry out their
reciprocal responsibilities, including those relating to further redeployments
and security respectively. These steps are to be carried out in a parallel
phased approach in accordance with this Memorandum and the attached time line.
They are subject to the relevant terms and conditions of the prior agreements
and do not supersede their other requirements.
I. Further Redeployments
A. Phase One and Two Further Redeployments
1. Pursuant to the Interim Agreement and subsequent agreements, the Israeli
side's implementation of the first and second F.R.D. will consist of the
transfer to the Palestinian side of 13% from Area C as follows:
1% to Area (A)
12% to Area (B)
The Palestinian side has
informed that it will allocate an area/areas amounting to 3% from the above
Area (B) to be designated as Green Areas and/or Nature Reserves. The
Palestinian side has further informed that they will act according to the
established scientific standards, and that therefore there will be no changes
in the status of these areas, without prejudice to the rights of the existing
inhabitants in these areas including Bedouins; while these standards do not
allow new construction in these areas, existing roads and buildings may be
maintained.
The Israeli side will retain in these Green Areas/Nature Reserves the
overriding security responsibility for the purpose of protecting Israelis and
confronting the threat of terrorism. Activities and movements of the
Palestinian Police forces may be carried out after coordination and
confirmation; the Israeli side will respond to such requests expeditiously.
2. As part of the foregoing implementation of the first and
second F.R.D., 14.2% from Area (B) will become Area (A).
B. Third Phase of Further Redeployments
With regard to the terms of the Interim Agreement and of Secretary
Christopher's letters to the two sides of January 17, 1997 relating to the
further redeployment process, there will be a committee to address this
question. The United States will be briefed regularly.
II. Security
In the provisions on security arrangements of the Interim
Agreement, the Palestinian side agreed to take all measures necessary in order
to prevent acts of terrorism, crime and hostilities directed against the
Israeli side, against individuals falling under the Israeli side's authority and
against their property, just as the Israeli side agreed to take all measures
necessary in order to prevent acts of terrorism, crime and hostilities directed
against the Palestinian side, against individuals falling under the Palestinian
side's authority and against their property. The two sides also agreed to take
legal measures against offenders within their jurisdiction and to prevent
incitement against each other by any organizations, groups or individuals
within their jurisdiction.
Both sides recognize that it is in their vital interests to combat terrorism
and fight violence in accordance with Annex I of the Interim Agreement and the
Note for the Record. They also recognize that the struggle against terror and
violence must be comprehensive in that it deals with terrorists, the terror
support structure, and the environment conducive to the support of terror. It
must be continuous and constant over a long-term, in that there can be no
pauses in the work against terrorists and their structure. It must be
cooperative in that no effort can be fully effective without
Israeli-Palestinian cooperation and the continuous exchange of information,
concepts, and actions.
Pursuant to the prior agreements, the Palestinian side's
implementation of its responsibilities for security, security cooperation, and
other issues will be as detailed below during the time periods specified in the
attached time line:
A. Security Actions
1. Outlawing and Combating Terrorist Organizations
The Palestinian side will make known its policy of zero tolerance for terror
and violence against both sides. A work plan developed by the Palestinian side
will be shared with the U.S. and thereafter implementation will begin
immediately to ensure the systematic and effective combat of terrorist
organizations and their infrastructure. In addition to the bilateral
Israeli-Palestinian security cooperation, a U.S.-Palestinian committee will
meet biweekly to review the steps being taken to eliminate terrorist cells and
the support structure that plans, finances, supplies and abets terror. In these
meetings, the Palestinian side will inform the U.S. fully of the actions it has
taken to outlaw all organizations (or wings of organizations, as appropriate)
of a military, terrorist or violent character and their support structure and
to prevent them from operating in areas under its jurisdiction.
The Palestinian side will apprehend the specific individuals
suspected of perpetrating acts of violence and terror for the purpose of
further investigation, and prosecution and punishment of all persons involved
in acts of violence and terror. A U.S.-Palestinian committee will meet to
review and evaluate information pertinent to the decisions on prosecution,
punishment or other legal measures which affect the status of individuals
suspected of abetting or perpetrating acts of violence and terror.
2. Prohibiting Illegal Weapons
The Palestinian side will ensure an effective legal framework is in place to
criminalize, in conformity with the prior agreements, any importation,
manufacturing or unlicensed sale, acquisition or possession of firearms,
ammunition or weapons in areas under Palestinian jurisdiction.
In addition, the Palestinian side will establish and vigorously and
continuously implement a systematic program for the collection and appropriate
handling of all such illegal items in accordance with the prior agreements. The
U.S. has agreed to assist in carrying out this program. A
U.S.-Palestinian-Israeli committee will be establish
ed to assist and enhance cooperation in preventing the smuggling or other
unauthorized introduction of weapons or explosive materials into areas under
Palestinian jurisdiction.
3. Preventing Incitement
Drawing on relevant international practice and pursuant to Article XXII (1) of
the Interim Agreement and the Note for the Record, the Palestinian side will
issue a decree prohibiting all forms of incitement to violence or terror, and
establishing mechanisms for acting systematically against all expressions or
threats of violence or terror. This decree will be comparable to the existing
Israeli legislation which deals with the same subject.
A U.S.-Palestinian-Israeli committee will meet on a regular basis to monitor
cases of possible incitement to violence or terror and to make recommendations
and reports on how to prevent such incitement. The Israeli, Palestinian and
U.S. sides will each appoint a media specialist, a law enforcement
representative, an educational specialist and a current or former elected
official to the committee.
B. Security Cooperation
The two sides agree that their security cooperation will be based on a spirit
of partnership and will include, among other things, the following steps:
1. Bilateral Cooperation
There will be full bilateral security cooperation between the two sides which
will be continuous, intensive and comprehensive.
2. Forensic Cooperation
There will be an exchange of forensic expertise, training, and other
assistance.
3. Trilateral Committee
In addition to the bilateral Israeli-Palestinian security cooperation, a
high-ranking U.S.-Palestinian-Israeli committee will meet as required and not
less than biweekly to assess current threats, deal with any impediments to
effective security cooperation and coordination and address the steps being
taken to combat terror and terrorist organizations. The committee will also
serve as a forum to address the issue of external support for terror. In these
meetings, the Palestinian side will fully inform the members of the committee
of the results of its investigations concerning terrorist suspects already in
custody and the participants will exchange additional relevant information. The
committee will report regularly to the leaders of the two sides on the status
of cooperation, the results of the meetings and its recommendations.
C. Other Issues
1. Palestinian Police Force
The Palestinian side will provide a list of its policemen to the Israeli side
in conformity with the prior agreements. Should the Palestinian side request
technical assistance, the U.S. has indicated its willingness to help meet these
needs in cooperation with other donors.
The Monitoring and Steering Committee will, as part of its
functions, monitor the implementation of this provision and brief the U.S.
2. PLO Charter
The Executive Committee of the Palestine Liberation Organization and the
Palestinian Central Council will reaffirm the letter of 22 January 1998 from
PLO Chairman Yasir Arafat to President Clinton concerning the nullification of
the Palestinian National Charter provisions that are inconsistent with the
letters exchanged between the PLO and the Government of Israel on 9/10
September 1993. PLO Chairman Arafat, the Speaker of the Palestine National
Council, and the Speaker of the Palestinian Council will invite the members of
the PNC, as well as the members of the Central Council, the Council, and the
Palestinian Heads of Ministries to a meeting to be addressed by President
Clinton to reaffirm their support for the peace process and the aforementioned
decisions of the Executive Committee and the Central Council.
3. Legal Assistance in Criminal Matters Among other forms of legal assistance
in criminal matters, the requests for arrest and transfer of suspects and
defendants pursuant to Article II (7) of Annex IV of the Interim Agreement will
be submitted (or resubmitted) through the mechanism of the Joint
Israeli-Palestinian Legal Committee and will be responded to in conformity with
Article II (7) (f) of Annex IV of the Interim Agreement within the twelve week
period. Requests submitted after the eighth week will be responded to in
conformity with Article II (7) (f) within four weeks of their submission. The
U.S. has been requested by the sides to report on a regular basis on the steps
being taken to respond to the above requests.
4. Human Rights and the Rule of Law
Pursuant to Article XI (1) of Annex I of the Interim Agreement, and without
derogating from the above, the Palestinian Police will exercise powers and
responsibilities to implement this Memorandum with due regard to internationally
accepted norms of human rights and the rule of law, and will be guided by the
need to protect the public, respect human dignity, and avoid harassment.
III. Interim Committees and Economic Issues
1. The Israeli and Palestinian sides reaffirm their
commitment to enhancing their relationship and agree on the need actively to
promote economic development in the West Bank and Gaza. In this regard, the
parties agree to continue or to reactivate all standing committees established
by the Interim Agreement, including the Monitoring and Steering Committee, the
Joint Economic Committee (JEC), the Civil Affairs Committee (CAC), the Legal
Committee, and the Standing Cooperation Committee.
2. The Israeli and Palestinian sides have agreed on arrangements which will
permit the timely opening of the Gaza Industrial Estate. They also have
concluded a "Protocol Regarding the Establishment and Operation of the
International Airport in the Gaza Strip During the Interim Period."
3. Both sides will renew negotiations on Safe Passage immediately. As regards
the southern route, the sides will make best efforts to conclude the agreement
within a week of the entry into force of this Memorandum. Operation of the
southern route will start as soon as possible thereafter. As regards the
northern route, negotiations will continue with the goal of reaching agreement
as soon as possible. Implementation will take place expeditiously thereafter.
4. The Israeli and Palestinian sides acknowledge the great importance of the
Port of Gaza for the development of the Palestinian economy, and the expansion
of Palestinian trade. They commit themselves to proceeding without delay to
conclude an agreement to allow the construction and operation of the port in
accordance with the prior agreements. The Israeli-Palestinian Committee will
reactivate its work immediately with a goal of concluding the protocol within
sixty days, which will allow commencement of the construction of the port.
5. The two sides recognize that unresolved legal issues adversely affect the
relationship between the two peoples. They therefore will accelerate efforts
through the Legal Committee to address outstanding legal issues and to
implement solutions to these issues in the shortest possible period. The
Palestinian side will provide to the Israeli side copies of all of its laws in
effect.
6. The Israeli and Palestinian sides also will launch a strategic economic
dialogue to enhance their economic relationship. They will establish within the
framework of the JEC an Ad Hoc Committee for this purpose. The committee will
review the following four issues: (1) Israeli purchase taxes; (2) cooperation
in combating vehicle theft; (3) dealing with unpaid Palestinian debts; and (4)
the impact of Israeli standards as barriers to trade and the expansion of the
A1 and A2 lists. The committee will submit an interim report within three weeks
of the entry into force of this Memorandum, and within six weeks will submit
its conclusions and recommendations to be implemented.
7. The two sides agree on the importance of continued international donor
assistance to facilitate implementation by both sides of agreements reached.
They also recognize the need for enhanced donor support for economic
development in the West Bank and Gaza. They agree to jointly approach the donor
community to organize a Ministerial Conference before the end of 1998 to seek
pledges for enhanced levels of assistance.
IV. Permanent Status Negotiations
The two sides will immediately resume permanent status
negotiations on an accelerated basis and will make a determined effort to
achieve the mutual goal of reaching an agreement by May 4, 1999. The
negotiations will be continuous and without interruption. The U.S. has
expressed its willingness to facilitate these negotiations.
V. Unilateral Actions
Recognizing the necessity to create a positive environment
for the negotiations, neither side shall initiate or take any step that will
change the status of the West Bank and the Gaza Strip in accordance with the
Interim Agreement.
This Memorandum will enter into force ten days from the date of signature.
Done at Washington, D.C. this 23d day of October 1998.
For the Government of the State of Israel:
Benjamin Netanyahu
For the PLO:
Yassir Arafat
Witnessed by:
William J. Clinton
The United States of America
