Presidential Decree No. 16 of 2006 Concerning the Regulation of the Public Administration of the Crossing Points and Borders

Presidential Decree No. 16 of 2006 Concerning the Regulation of the Public Administration of the Crossing Points and Borders

The Chairman of the Executive Committee of the Palestine Liberation Organisation,

The President of the Palestinian National Authority,

In accomplishment of the public interest, and

Based upon the powers bestowed upon me,

I hereby promulgate the following decree:

Article 1

The Public Administration of the Crossing Points and Borders shall be an administration that is administratively and financially independent. It shall be responsible for the services of the borders, including the border points and crossings, in security, financial, administrative, and commercial terms. It shall be closely related to the General Intelligence and other security agencies. It shall report directly to the President of the Palestinian National Authority.

Article 2

The Public Administration of the Crossing Points and Borders shall exercise the following duties:

1. Enforce the laws, rules, regulations and standards issued by the various ministries and governmental institutions in relation to the crossings and border points.
2. Manage the flow of goods and individuals at all crossings, border points and ports pursuant to the law.
3. Ensure the enforcement of the laws, rules and regulations which prohibit the entry or exit of persons and goods at the crossings and border points.
4. Collect the due taxes, customs and fees, deliver them to the Ministry of Finance, and enforce the relevant laws and international agreements in force.
5. Set forth procedure manuals to be implemented at all border points for the entry and exit of commercial commodities and individuals with reference to the policies of the concerned ministries in order to implement them in a unified manner at the crossings points and borders.

Article 3

The Director-General of the Public Administration of the Crossing Points and Borders shall be appointed by the President of the Palestinian National Authority.

Article 4

• The Director-General of the Public Administration of the Crossing Points and Borders shall have the following authorities:

1. Supervise the administration of the crossings points and borders.
2. Ensure the correct enforcement of the laws, presidential decrees and decisions and respect the relevant international agreements.
3. Put forward an organizational and development structure for the administration of the crossings points and borders and submit it to the President of the Palestinian National Authority for approval.
4. Appoint employees working in the administration of crossing points, recommend their appointment pursuant to the provisions of the Law of Civil Service, and take all legal measures pertaining to them.
5. Put forward the detailed duties concerning the liaison with the competent ministries and governmental institutions.
6. Issue the bylaws and regulations required for the regulation of the affairs of the Administration of the Crossing Points and Borders.
7. Define the developmental needs on the level of infrastructure, modern equipment and tools, and the security requirements.
8. Define the needs required from international parties, especially in the field of technical expertise.
9. Define a framework for the work system and mechanisms for the Administration in general and submit them to the President of the Palestinian National Authority for approval.
10. Prepare the annual draft budget for the Administration and submit it to the President of the Palestinian National Authority for approval.
11. Prepare an annual report about the function of the Administration of the Crossing Points and Borders upon request and submit it to the President of the Palestinian National Authority.

• The Director-General of the Public Administration of the Crossing Points and Borders may delegate some of his powers to officials of higher rankings at the Administration of Crossing Points and Borders.

Article 5

Every provision that contradicts the provisions of this decree is hereby repealed.

Article 6

All competent authorities, each one within its sphere of jurisdiction, shall implement the provisions of this decree, which shall enter into force as of the date of its promulgation and shall be published in the Official Gazette.

Issued in the city of Ramallah on 18 March, 2006 AD.

Mahmoud Abbas

Chairman of the Executive Committee of the Palestine Liberation Organisation

President of the Palestinian National Authority