[Weekly Compilation of Presidential Documents Volume 34, Number 44 (Monday, November 2, 1998)]
[Pages 2104-2108]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
The Wye River Memorandum

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 
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/Natural 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

[[Page 2105]]

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 Terrorism Organizations
(a)         The Palestinian side will make known its policy of zero 
            tolerance for terror and violence against both sides.
(b)         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.
(c)         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.
(d)         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.
(e)         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
(a)         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.
(b)         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.
(c)         A U.S.-Palestinian-Israeli committee will be established 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
(a)         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

[[Page 2106]]

            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.
(b)         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
(a)         The Palestinian side will provide a list of its policemen to 
            the Israeli side in conformity with the prior agreements.
(b)         Should the Palestinian side request technical assistance, 
            the U.S. has indicated its willingness to help meet these 
            needs in cooperation with other donors.
(c)         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.

[[Page 2107]]

    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 recognize 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

[[Page 2108]]

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.

B. Netanyahu                            Y. Arafat
For the Government of the State of      For the PLO
 Israel
                    Witnessed by: William J. Clinton
                      The United States of America

Note: The joint memorandum was made available by the Office of the Press 
Secretary but was not issued as a White House press release. The joint 
memorandum was accompanied by a timeline attachment. On October 28, a 
press release version of the memorandum was made available on the White 
House Internet site. This item was not received in time for publication 
in the appropriate issue.