EU-BAM CHAIRS THIRD COORDINATION AND EVALUATION

C O N F I D E N T I A L JERUSALEM 004849

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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
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