EU-BAM CHAIRS THIRD COORDINATION AND EVALUATION

C O N F I D E N T I A L JERUSALEM 004849 SIPDIS NOFORN SIPDIS NEA FOR FRONT OFFICE; NEA/IPA FOR WILLIAMS/SHAMPAINE/STEINGER; NSC FOR ABRAMS/DORAN/WATERS; TREASURY FOR NUGENT/HIRSON; BRUSSELS FOR LERNER; PLEASE PASS TO USAID FOR KUNDER/MCCLOUD/BORODIN E.O. 12958: DECL: 11/21/2016 TAGS: PREL PGOV PBTS PTER ETRD KWBG IS EG SUBJECT: EU-BAM CHAIRS THIRD COORDINATION AND EVALUATION MEETING ON THE RAFAH CROSSING REF: JERUSALEM 4346 CLASSIFIED BY: CONSUL GENERAL JAKE WALLES, REASONS 1.4 (B) AND (D). THIS CABLE WAS CLEARED BY EMBASSY TEL AVIV AND THE U.S. SECURITY COORDINATOR. ¶1. (C) SUMMARY: DURING A PRODUCTIVE THIRD MEETING OF THE COORDINATION AND EVALUATION COMMITTEE (CEC),ISRAELIS AND PALESTINIANS MADE PROGRESS TOWARDS TACKLING OUTSTANDING ISSUES CONCERNING OPERATIONS AT THE RAFAH CROSSING POINT, INCLUDING: -- UPDATING THE PALESTINIAN POPULATION REGISTRY AND HANDLING NAMES OF PEOPLE OF CONCERN; -- THE FORMAL DECLARATION OF ANY CASH, IN EXCESS OF NIS 80,000 (USD 18,553),MOVED THROUGH THE CROSSING WITH SPECIFIC CITATIONS OF THE SOURCE AND FINAL DESTINATION OF THE FUNDS; -- THE RECONNECTION OF THE FIBER OPTIC CABLE BETWEEN RAFAH AND THE LIAISON OFFICE; AND -- THE DELIVERY AND INSTALLATION OF EGYPTIAN DONATED EQUIPMENT TO RAFAH. BOTH THE EU-BAM AND THE PALESTINIAN DELEGATION PRESSED FOR "NORMALIZATION" OF OPERATIONS AT THE CROSSING. THE EU-BAM PRESSED THE ISRAELI DELEGATION TO AGREE, AT MINIMUM, TO OPEN THE CROSSING FOR THREE OR FOUR DAYS PER WEEK, FROM THE CURRENT TWO DAYS PER WEEK. THE ISRAELI SIDE SAID THEY WOULD DISCUSS THE PROPOSAL AND FORMALLY REPLY TO THE EU-BAM. THE EU-BAM ANNOUNCED THE EXTENSION OF THE EU-BAM'S MANDATE FOR SIX MONTHS. BOTH PARTIES WELCOMED THE EXTENSION. PALESTINIAN CHIEF NEGOTIATOR SAEB EREKAT STRESSED THE COMMON INTERESTS OF THE GOI AND PA PRESIDENCY IN STOPPING THE FLOW OF MONEY AND "TERROR EXPERTS." THE LEAD ISRAELI FIGURE, MOD ADVISOR HAGGAI ALON, WAS COLLEGIAL BUT SIGNALED THAT THE GOI IS PREPARING TO RE-OPEN AND RE-NEGOTIATE THE AMA. END SUMMARY. ¶2. (C) THE HEAD OF MISSION FOR THE EUROPEAN UNION BORDER ASSISTANCE MISSION (EU-BAM),LTG PIETRO PISTOLESE CHAIRED THE THIRD MEETING OF THE COORDINATION AND EVALUATION COMMITTEE (CEC),NOVEMBER 20, IN JERUSALEM. (NOTE: UNDER THE AGREEMENT ON THE EUROPEAN UNION BORDER ASSISTANCE MISSION AT THE RAFAH CROSSING POINT ON THE GAZA-EGYPTIAN BORDER, THE EU-BAM CHAIRS THE MEETING WITH ISRAELI AND PALESTINIAN DELEGATIONS PRESENT. THE USG WAS INVITED TO ATTEND THIS MEETING. PREVIOUS CEC �0A;MEETINGS TOOK PLACE ON FEBRUARY 16 AND SEPTEMBER 26 (REFTEL), ¶2006. END NOTE.) CHIEF PLO NEGOTIATOR SA'EB EREKAT LED THE PALESTINIAN DELEGATION WHICH INCLUDED PA PRESIDENCY SECURITY ADVISOR COLONEL HAZEM ATTALAH AND THREE MEMBERS OF THE NEGOTIATIONS SUPPORT UNIT. THE ISRAELI DELEGATION WAS LED BY MOD SENIOR POLICY ADVISOR HAGGAI ALON AND INCLUDED MOD ADVISOR ODDED HERRMAN. THE USG DELEGATION INCLUDED THE U.S. SECURITY COORDINATOR, THE AMBASSADOR, AND THE CONGEN DEPUTY PRINCIPAL OFFICER. THE NEXT MEETING IS SCHEDULED FOR DECEMBER 18. NORMALIZING CROSSING OPERATIONS -------------- ¶3. (C) GENERAL PISTOLESE ANNOUNCED THAT THE EU-BAM'S MANDATE HAS BEEN EXTENDED FOR SIX MONTHS. PISTOLESE NOTED THAT, AFTER THE SEPTEMBER 26 CEC MEETING, THE GOI HAD AGREED THAT RAFAH SHOULD BE OPEN FOR TWO DAYS PER WEEK DURING THE MONTH OF RAMADAN AND FOR THE EID HOLIDAY. HE NOTED THAT IT HAS CONTINUED TO BE OPEN TWO DAYS PER WEEK. PISTOLESE CALLED FOR THE CROSSING TO BE OPERATED CONTINUOUSLY AND IN SUCH A WAY THAT BALANCES PALESTINIANS' FREEDOM OF MOVEMENT AND ISRAEL'S SECURITY CONCERNS. SINCE JUNE 25, HE SAID THE CROSSING HAD ONLY BEEN OPEN FOR 22 DAYS OUT OF A POSSIBLE 149 DAYS OR 14.7 PERCENT OF THE TIME. THE AVERAGE NUMBER OF PASSENGERS CROSSING PER DAY WHEN THE CROSSING HAS BEEN OPEN (SINCE JUNE 24) IS 2,413, WHILE THE AVERAGE NUMBER CROSSING PER DAY BEFORE JUNE 24 WAS 1,324. (NOTE: PRIOR TO JUNE 24 WHEN IDF CORPORAL SHALIT WAS KIDNAPPED BY GAZA-BASED MILITANTS, RAFAH HAD BEEN OPEN SEVEN DAYS PER WEEK. END NOTE.) PISTOLESE EXPLAINED THAT THE HIGH NUMBERS OF CROSSINGS PER DAY SINCE JUNE 24 ARE DUE IN PART TO THE UNPREDICTABILITY OF OPENING HOURS. HE ALSO NOTED THAT MORE AND MORE MERCHANTS CARRYING COMMERCIAL QUANTITIES OF GOODS ARE ATTEMPTING TO CROSS DUE TO THE LACK OF OTHER CROSSING POINTS THROUGH WHICH TO TRANSPORT COMMERCIAL GOODS. ¶4. (C) EREKAT URGED THAT THE CROSSING OPERATIONS BE NORMALIZED, THAT KEREM SHALOM OPEN FOR IMPORTS INTO GAZA, AND THAT RAFAH OPEN FOR EXPORTS OUT OF GAZA. HE SAID THAT THE BIGGEST SECURITY RISK IS THE FRUSTRATION OF PALESTINIANS WITH THE IRREGULAR OPENINGS. HE ALSO NOTED THE UPCOMING HAJ PILGRIMAGE SEASON AND SAID THAT LIMITED CROSSING OPENINGS WILL BE PROBLEMATIC GIVEN THE HIGH VOLUME OF TRAVEL. HE EMPHASIZED THAT HAJ TRAVEL IS A MILLION DOLLAR BUSINESS IN GAZA FOR COMMERCIAL OPERATORS. PISTOLESE ASKED THE PALESTINIAN SIDE TO PROVIDE THE EXPECTED DATES OF TRAVEL FOR THE PILGRIMS, SO THAT THE EU-BAM CAN PLAN. ¶5. (C) ALON FORMALLY ACKNOWLEDGED THE EXTENSION OF THE EU-BAM'S MANDATE AND SAID IT WAS A VERY IMPORTANT STEP. HE SAID THAT THE GOI UNDERSTANDS PALESTINIANS' FRUSTRATION WITH THE CROSSING'S IRREGULAR OPERATIONS THAT WORKED AGAINST "OUR MUTUAL INTERESTS." HE SAID THAT THE GOI HAD NO COMPLAINTS WITH THE PALESTINIAN PERFORMANCE AT THE CROSSING BUT DID HAVE SERIOUS SECURITY CONCERNS, INCLUDING THE TRANSIT OF "TERROR EXPERTS." PISTOLESE PRESSED ALON TO OPEN THE CROSSING FOR THREE OR FOUR DAYS PER WEEK. ALON SAID HE WOULD CHECK AND COME BACK WITH A FORMAL ANSWER AT A LATER DATE. PALESTINIAN POPULATION REGISTRY -------------- ¶6. (C) PISTOLESE NOTED THAT BOTH THE AMA AND THE SECURITY PROTOCOL CALL FOR ISRAEL TO PROVIDE THE PA WITH ALL INFORMATION NEEDED TO UPDATE THE POPULATION REGISTRY, INCLUDING ALL INFORMATION ON PA IDENTITY CARDHOLDERS OUTSIDE OF THE WEST BANK AND GAZA. PISTOLESE SAID THE GOI TRANSFERRED A CD-ROM CONTAINING POPULATION REGISTRY INFORMATION TO THE PA ON NOVEMBER 24, 2005, BUT THE PA CONTINUES TO STATE THAT THE INFORMATION ON THE CD-ROM IS NOT COMPLETE. PISTOLESE SAID THAT THE PROBLEM EXISTS BECAUSE OF THE DIFFERING INTERPRETATIONS OF THE TWO SIDES ON WHO SHOULD BE CONSIDERED A PALESTINIAN IDENTITY CARDHOLDER. THE PALESTINIANS BELIEVE THAT ALL PA IDENTITY CARDHOLDERS, BOTH THOSE WHO HOLD A CARD NOW AND THOSE WHO HAVE HELD ONE AT ANY TIME IN THE PAST, SHOULD BE ON THE REGISTRY. THE ISRAELI PERSPECTIVE IS THAT ONLY THOSE PERSONS WHOSE NAMES CURRENTLY APPEAR ON THE ISRAELI REGISTRY ARE PA IDENTITY CARDHOLDERS. ¶7. (C) EREKAT ARGUED THAT THE PALESTINIAN POPULATION REGISTRY SHOULD INCLUDE ALL PALESTINIANS WHO HAVE EVER HELD AN IDENTITY CARD SINCE IT IS A PALESTINIAN REGISTRY, NOT AN ISRAELI REGISTRY, AND IT IS ONLY USED TO DETERMINE WHO CAN ENTER GAZA, NOT WHO CAN ENTER GREEN LINE ISRAEL. HE CALLED FOR THE UPDATING OF THE PALESTINIAN REGISTRY ACCORDING TO THE PROCEDURES SET OUT IN THE INTERIM AGREEMENT. EREKAT ALSO CALLED ON THE GOI TO SHARE WITH HAZEM ATTALAH THE NAMES OF THOSE INDIVIDUALS THAT THE GOI BELIEVES POSE A SECURITY CONCERN, EMPHASIZING THAT THOSE SAME INDIVIDUALS ARE LIKELY ALSO A THREAT TO THE PA PRESIDENCY. HE ALSO URGED THAT THOSE SAME NAMES BE SHARED THROUGH THE U.S. SECURITY COORDINATOR WITH THE EGYPTIANS. ¶8. (C) ALON NOTED THAT IN THE NEXT TWO WEEKS, COGAT GENERAL MISHLEV WOULD MEET WITH EREKAT AND TRANSFER PART OF THE DATA FOR THE PALESTINIAN POPULATION REGISTRY. ALON SAID THAT AN UPDATE TO THE AGREEMENT IS NEEDED TO HANDLE NAMES OF SECURITY CONCERN. THE U.S. SECURITY COORDINATOR STATED THAT HE THOUGHT THE CEC IS AN APPROPRIATE VENUE TO DISCUSS THE ISSUE AND ASKED THAT A USSC REPRESENTATIVE ACCOMPANY EREKAT AND MISHLEV TO THE MEETING; BOTH SIDES AGREED. THE USSC WILL BRIEF THE EU-BAM ON THE RESULTS OF THE MEETING. CATEGORIES OF FOREIGN TRAVELERS -------------- ¶9. (C) PISTOLESE CITED THE AMA AND THE RAFAH SECURITY PROTOCOL WHICH DESCRIBE FOUR CATEGORIES OF NON-PALESTINIAN IDENTITY CARDHOLDERS THAT CAN CROSS. TWO OF THE CATEGORIES, DIPLOMATS AND FOREIGN INVESTORS, ARE STRAIGHT FORWARD, HE SAID. THERE HAS BEEN SOME DISCUSSION ABOUT THE CATEGORY "FOREIGN REPRESENTATIVES OF RECOGNIZED INTERNATIONAL ORGANIZATIONS," SUCH AS MEMBERS OF INTERNATIONAL PRESS ORGANIZATIONS. THE FOURTH CATEGORY, "HUMANITARIAN CASES," HAS RESULTED IN THE MOST DISCUSSION, HE SAID. IN THE VIEW OF THE EU-BAM, PALESTINIANS CONSIDER A FAMILY VISIT AS MEETING THE DEFINITION OF A HUMANITARIAN CASE, WHILE THE GOI HAS A MORE RESTRICTIVE VIEW, FOCUSED ON MAJOR LIFE EVENTS SUCH AS ATTENDING A FUNERAL OR VISITING A SICK RELATIVE. PISTOLESE ALSO PRESSED THE TWO PARTIES TO AGREE THAT A NOTIFICATION TO ISRAEL OF A FOREIGNERS REQUEST TO USE THE CROSSING SHOULD BE VALID FOR THREE MONTHS -- LIKENING IT TO THE VALIDITY OF A VISA -- AND THAT THE TWO SIDES AGREE ON WHETHER SEPARATE NOTIFICATIONS SHOULD BE REQUIRED FOR CROSSINGS INTO GAZA AND CROSSINGS OUT OF GAZA, RESPECTIVELY. ¶10. (C) EREKAT PRESSED FOR THE EXPANSION OF THE NUMBER OF CATEGORIES TO INCLUDE MORE FOREIGNERS. PISTOLESE SAID THAT THE FIRST STEP WAS TO ACHIEVE AGREEMENT ON THE DEFINITIONS OF THE PRESENT CATEGORIES AND ASKED EREKAT FOR THE PALESTINIAN DEFINITION OF EACH OF THE FOUR CATEGORIES, PER AN EU-BAM REQUEST DATING BACK TO DECEMBER 7, 2005. EREKAT SAID HE HAD NOT BEEN AWARE OF THE REQUEST AND WOULD FOLLOW-UP. ALON SAID THAT THE GOI HAS CONCERNS ABOUT THIS PART OF THE AGREEMENT AND ARGUED THAT THE CHANGE IN THE PALESTINIAN GOVERNMENT SINCE THE AMA WAS CONCLUDED CONCERNED THE GOI AND SAID, "THERE IS NO DOUBT WE HAVE TO RE-NEGOTIATE THE AGREEMENT." HE ARGUED THAT FURTHER DISCUSSION ON THE ISSUE OF FOREIGNERS USING THE CROSSING SHOULD AWAIT THE FORMATION OF A NEW PALESTINIAN GOVERNMENT. HE SAID THAT THE GOI IS RE-EVALUATING THE CATEGORIES AND WOULD APPRECIATE THE PALESTINIANS' DEFINITIONS OF THE CATEGORIES TO GUIDE THEIR WORK. EREKAT RESPONDED THAT THERE SHOULD BE NO DISCUSSION OF "OPENING AN AGREEMENT" FOR RE-NEGOTIATION, STRESSING THAT THE TERM ITSELF IS POLITICALLY INFLAMMATORY AND THAT THE TWO SIDES COULD ADDRESS ISSUES WITHOUT REFERENCE TO SUCH "OPENING." BADER ROCK, ONE OF THE NSU ADVISORS, STRESSED THAT THE CROSSINGS, INCLUDING RAFAH, WERE UNDER THE PA PRESIDENCY, NOT THE PA GOVERNMENT. PISTOLESE CONCLUDED THIS DISCUSSION BY ASKING BOTH SIDES TO SEND HIM THEIR INTERPRETATIONS OF THE FOUR CATEGORIES. ALON SAID HE WAS NOT SURE THAT THE GOI WOULD BE ABLE TO PROVIDE A WRITTEN INTERPRETATION. TRANSFER OF CASH -------------- ¶11. (C) PISTOLESE NOTED THAT THE EU-BAM HAD RECORDED 14 SEPARATE OCCASIONS OF LARGE AMOUNTS OF CASH BEING CARRIED BY PALESTINIANS BETWEEN MAY 19 AND NOVEMBER 15, 2006. HE NOTED THAT THE PA HAD AGREED TO THE CUSTOMS PROTOCOL AND IS WILLING TO COMPLY WITH IT. (NOTE: SA'EB EREKAT, ON BEHALF OF THE PLO, WROTE THE CONSUL GENERAL IN AN APRIL 22 LETTER THAT THE CUSTOMS PROTOCOL, AS NEGOTIATED BETWEEN THE TWO PARTIES, SHOULD GUIDE THE CUSTOMS ARRANGEMENTS AT RAFAH AND KEREM SHALOM. END NOTE.) PISTOLESE SAID THE PA IS COMBATING MONEY LAUNDERING IN ACCORDANCE WITH PREVAILING LAWS, INCLUDING ISRAELI LAWS, AND THAT ANY CASH BROUGHT THROUGH THE CROSSING IN EXCESS OF NIS 80,000 (USD 18,553) HAS TO BE DECLARED. PISTOLESE RECOGNIZED THAT THIS SUBJECT HAD BEEN ON THE AGENDA OF THE RAFAH SECURITY WORKING GROUP'S NOVEMBER 14 MEETING AND THAT THE U.S. SECURITY COORDINATOR HAD AGREED TO FOLLOW-UP. PISTOLESE PRESSED THE PALESTINIAN DELEGATION TO INSTITUTE A SYSTEM WHEREBY THE CASH DECLARATION WILL BE DONE ON AN APPROPRIATE CUSTOMS FORM (NOT A HANDWRITTEN NOTE AS IS DONE CURRENTLY) AND INCLUDE ATTESTATION OF BOTH THE SOURCE AND FINAL DESTINATION OF THE FUNDS. HE ALSO PRESSED THAT ALL STAFF, INCLUDING OFFICIALS OF THE CUSTOMS SERVICE AND THE GENERAL ADMINISTRATION OF CROSSINGS AND BORDERS, SHARE IN THE ENFORCEMENT OF THIS PROVISION AND THAT IT SHOULD NOT BE THE DUTY ONLY OF THE PRESIDENTIAL GUARD. ¶12. (C) EREKAT AGREED THAT THE PALESTINIAN SIDE WOULD INSTITUTE THE COMPLETION OF THE APPROPRIATE CUSTOMS DECLARATION FORM DRAWING FROM THE STANDARD ISRAELI CUSTOMS FORM WITH THE ADDITIONAL SOURCE AND DESTINATION INFORMATION AND HAVE ALL PARTIES AT THE CROSSING ENFORCE THIS REQUIREMENT. ALON AGREED THAT THIS IS A GOOD FIRST STEP AND SUGGESTED THAT ANY FUNDS NOT DECLARED BE SEIZED AND HANDED OVER TO ANOTHER GOVERNMENT ENTITY -- NOT THE PA TREASURY WHICH IS CONTROLLED BY THE HAMAS-LED GOVERNMENT. EREKAT ASKED FOR HELP URGING THE EGYPTIAN GOVERNMENT TO ENFORCE ITS REGULATION THAT CASH IN EXCESS OF USD 10,000 BE DEPOSITED IN AN EGYPTIAN BANK BEFORE A TRAVELER IS ALLOWED TO CROSS. OPTICAL FIBER CABLE; DONATION OF EGYPTIAN EQUIPMENT -------------- ¶13. (C) PISTOLESE SAID THAT THE OPTICAL FIBER CABLE TRANSMITTING INFORMATION FROM RAFAH TO THE LIAISON OFFICE AT KEREM SHALOM, WHICH HAD BEEN SEVERED IN AN ISRAELI MILITARY OPERATION IN GAZA, REMAINS DISCONNECTED. (NOTE: A BACK-UP MICROWAVE TRANSMISSION SYSTEM IS BEING USED. END NOTE.) ALON SAID HE HOPED THAT THE GOI WOULD START WORKING TO RECONNECT THE CABLE "WITHIN ONE WEEK, ASSUMING THERE ARE NO SECURITY INCIDENTS." PISTOLESE SAID THE EGYPTIAN-DONATED EQUIPMENT REMAINS STUCK IN ISRAELI CUSTOMS AND THAT THE LACK OF INSTALLATION OF THIS EQUIPMENT IS HINDERING THE TIMELY PROCESSING OF PASSENGER LUGGAGE. ALON SAID HE HOPED THE EQUIPMENT WOULD BE TRANSFERRED WITHIN TWO WEEKS. EREKAT AGREED THAT THE PALESTINIANS WOULD PREPARE A LIST OF THOSE PALESTINIANS WORKERS WHO ARE NEEDED TO HELP TRANSPORT THE EQUIPMENT. PISTOLESE COMMITTED TO GETTING THE LIST OF EGYPTIAN TECHNICIANS WHO WOULD WORK TO INSTALL THE EQUIPMENT AND TRAIN THE PALESTINIANS TO USE THE EQUIPMENT. WALLES