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Analysis: PA has final say on movement of both terrorists and bombs at Rafah

Aaron Lerner IMRA November 28, 2005

While the Agreed Principles for Rafah Crossing” of 15 November 2005
established that the PA has the final say on the movement of terrorists
through Rafah, the “Agreed Arrangement on the European Union Border
Assistance Mission At the Rafah Crossing Point on the Gaza-Egypt border”
negotiated by Vice Prime Minister Shimon Peres gives the PA the final say
when the EU observers are not satisfied with a Palestinian re-inspection,
thus effectively giving the PA final say to allow the movement of weapons,
bombs and other contraband through Rafah.
The following is a review of the relevant text:

#1 PA makes the decision “to prohibit travel or not”:

“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.”
[Agreed Principles for Rafah Crossing - Security]

http://usinfo.state.gov/mena/Archive/2005/Nov/15-381874.html

#2 When EU not satisfied with a re-examination it is referred “up the PA
management chain”

The EU-BAM, in any case of doubt about the compliance with the applicable
rules and regulations of the border guard or custom’s official, shall
require the re-examination and re-assessment of any passenger, luggage,
vehicle or consignment of goods on which customs duty or other revenue
collected at importation has already been assessed and collected. While the
re-assessment is being conducted, the person(s), luggage, vehicle or goods
in question shall not be allowed to move/leave the premises of the customs
or border port. In case the EU-BAM remains unsatisfied with the performance
of the checks, it shall refer up the PA management chain.

[Paragraph 4, Article III – Tasks, Agreed Arrangement on the European Union
Border Assistance Mission At the Rafah Crossing Point on the Gaza-Egypt
border

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