ISRAELI REQUEST FOR U.S. ASSISTANCE RESOLVING

C O N F I D E N T I A L SECTION 01 OF 02 TEL AVIV 000497

SIPDIS

E.O. 12958: DECL: 02/02/2016
TAGS: PREL PTER KPAL KWBG IS ISRAELI PALESTINIAN AFFAIRS GOI EXTERNAL ISRAEL RELATIONS
SUBJECT: ISRAELI REQUEST FOR U.S. ASSISTANCE RESOLVING
RAFAH ISSUES


Classified By: Ambassador Richard H. Jones; Reasons 1.4 (B) and (D).


1. (C) Summary and comment: The GOI has formally requested,
via a February 1 letter, USG assistance in addressing
Palestinian actions at Rafah that Israel believes violate the
Agreement on Movement and Access (AMA),Agreed Principles for
Rafah Crossing, and the Security Protocol. Many of these
complaints were previously raised in the GOI's letter to the
EU-Border Assistance Mission (EU-BAM) on January 22, as well
as in various meetings and GOI public statements. The EU-BAM
has been unable to resolve these issues and believes it has
reached the limits of what they can achieve using the
"international standards" language in the AMA. Israeli
frustration has been growing and -- with the PLC elections
behind us -- the GOI now wants to settle the issue as soon as
possible. We will recommend a course of action in concert
with ConGen Jerusalem and the U.S. Security Coordinator after
meeting on February 3. End summary and comment.

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Formal GOI Complaints on Rafah
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2. (SBU) In a letter from PM Foreign Policy Adviser Shalom
Tourgeman to the Ambassador dated February 1 (faxed to
NEA/IPA),Tourgeman requests USG assistance in addressing
well-known Israeli complaints about the operation of the
Rafah crossing. The letter claims that the problems stem
from the PA's "refusal" to accept the Security Protocol.
Tourgeman notes that the AMA "specified that supplemental
agreements inter alia on security and customs implementation
procedures and third party involvement must be concluded
prior to the opening of the Rafah crossing point. As the
Palestinians refuse to recognize the security requirements,
the entire mechanism established for this purpose --
including the EU-BAM and the Joint Liaison Office -- cannot
function properly."


3. (SBU) Tourgeman's letter lists seven alleged violations of
the AMA framework. These complaints track closely with what
the GOI has been telling the Embassy -- and the EU-BAM -- in
private meetings and what they have been saying in public
statements. The list includes points raised in a January 22
letter from COGAT commander MG Yossef Mishlev to the head of
the EU-BAM, LTG Pietro Pistolese. According to Tourgeman:

-- PA forces are taking no action to prevent the transit of
terrorists through Rafah despite receiving a list of
individuals representing security problems.

-- The PA is failing to prevent illegal border crossings that
bypass Rafah.

-- The PA has allowed individuals to transit Rafah after
agreed operating hours and after EU-BAM representatives have
left for the day.

-- The PA is not following procedures for the crossing of
"excepted" individuals, i.e., non-Palestinian identity card
holders, by failing to provide required information or to
await a GOI response. In addition, the PA has broadened the
use of "humanitarian cases" to move third-country nationals
through Rafah, bypassing Kerem Shalom.

-- The PA maintains that the GOI has no role in determining
procedures to prevent the movement of weapons and explosives
through Rafah.

-- Notwithstanding efforts by the EU-BAM and USG, the Israeli
liaison officers are not receiving "uninterrupted, complete
and accurate real-time relay of camera feed and data" from
Rafah. The discrepancy between real-time camera feed and
delayed data transmissions "severely hinders" the prevention
of crossings by persons the GOI considers to be terrorists.
Palestinian liaison officers have allegedly been unwilling to
address this issue.

-- The EU-BAM, while thus far helpful, is not taking a
pro-active role to prevent illegal crossings or to confront
Palestinian violations of the agreements.


4. (SBU) Tourgeman maintains that the current situation at
Rafah "enables terror elements to strengthen their
infrastructure in the Gaza Strip as well as enhance their
potential to increase capabilities in the West Bank." He
concludes, "we expect the U.S. government will take the
necessary measures to ensure that the agreements reached are
fully implemented and respected. Israel wishes to continue
working closely with the United States and the European Union
with the aim of reaching the common goal of improving the
efficacy of the Rafah border crossing and preventing terror."

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Resolving Rafah Problems and Re-Energizing the AMA
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5. (C) Comment: While we have no means to judge the rounds
for all the Israeli allegations, it is clear that the Rafah
crossing is not functioning in full accordance with the AMA
framework. Both the GOI and EU-BAM tell us that the
Palestinians refuse to recognize the validity of the security
protocol. The EU-BAM, while providing important assistance,
has been unable to resolve these issues and believes that it
has reached the limit of what it can achieve using the
"international standards" language in the AMA. GOI
frustration with the situation has been quickly growing while
PA officials were engaged in election activities. Now that
the election is in the past -- and with the prospect of a
Hamas-led PA in the offing, the GOI clearly believes it is
time to bring the issue to a head. The Ambassador, Jerusalem
CG, and U.S. Security Coordinator plan to meet on February 3
to discuss the situation and will recommend a course of
action.

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JONES