Decision of the Council of Ministers No. 17 of 2010 on the Bylaw Concerning the Allowances and Expenses of Official Work Assignments and External Courses for the Palestinian Security Forces

Decision of the Council of Ministers No. 17 of 2010 on the Bylaw Concerning the Allowances and Expenses of Official Work Assignments and External Courses for the Palestinian Security Forces

The Council of Ministers,

Having reviewed the Amended Basic Law of 2003, as amended, particularly Article 70 thereunder,

Having reviewed the Law of Service in the Palestinian Security Forces No. 8 of 2005, particularly Articles 219, 75 and 157 thereunder, and the Table annexed to this Law,

Based upon the presentation made by the Minister of Interior,

Based upon what the Council of Ministers approved in its session, which convened on September 27^th, 2010,

Based upon requirements of the public interest, and

Based upon the powers vested in it,

Hereby promulgates the following Bylaw:

Article 1

Definitions

For the purposes of the enforcement of the provisions of this Bylaw, the words and expressions mentioned in it shall have the meanings designated thereto hereunder unless the context determines otherwise:

Article 2

The Scope of Enforcement

1. This Bylaw shall be applicable to the officers, non-commissioned officers, and members on active service in the security forces, who are subject to the Law of Service in the Palestinian Security Forces No. 8 of 2005.

2. This Bylaw shall not be applicable to any nonofficial travel assignment.

3. The travel assignment shall be disbursed to the persons included under the provisions of this Bylaw from the travel assignment allowances of the Central Financial Department.

Article 3

Classification of Groups

The persons included under the provisions of this Bylaw shall be classified into the following groups:

The Special Group: This shall include

The officers who hold the ranks of Lieutenant General, Major General, Head of the General Intelligence agency, or Chairman of the Military Justice Authority.

The First Group: This shall include

The officers who hold the rank of Brigadier General.

The Second Group: This shall include

Military judges, members of the General Military Prosecution, and members of the military personnel who hold the rank of Colonel and Lieutenant Colonel.

The Third Group: This shall include

All members of the Palestinian security forces, who are not included under the groups mentioned above.

Article 4

Means of Transportation

1. In the event a member of the military personnel is tasked to perform an assignment or course in a work station other than his, he shall be allowed to use the means of transportation which the competent Minister determines in accordance with what is described in the following table:

2. The body that is responsible for booking travel tickets shall be committed to [the condition] that departure and return be within the shortest period possible, in which the official assignment or training course is conducted. The competent authority shall adhere to covering the expenses of early arrival and late departure.

3. The body that is responsible for booking travel tickets shall be committed to not arrange accommodation in transit and intermediate countries except in cases where an alternative is not in hand.

Article 5

The Official Work Assignment and Training Course outside the Homeland

One or all the allowances listed under this Bylaw, including travel tickets, shall be disbursed to the member of the military personnel, who is tasked with an official assignment or training course outside the territory of the homeland through the Central Financial Department.

Article 6

External Official Assignments

Official Assignments that are not Fully Hosted

1. If living and accommodation expenses of the member of the military personnel during the period of the assignment are not covered by the inviting party or any external party and he did not receive from it cash amounts for such purpose, the amounts specified under Paragraph 2 of this Article shall be disbursed to him for each night he spends for the purpose of performing the official assignment.

2. For the purposes of this Bylaw, countries of the world have been classified in terms of the allowances of travel assignments into four categories, for each of which a lump sum amount shall be disbursed, as follows:

3. To be added to the allowances prescribed under Paragraph 2 of this Article shall be a sum of (40) US dollars for the Special Group, a sum of (20) US dollars for the First Group, and a sum of (10) US dollars for the Second Group for each night of the assignment.

Article 7

Fully Hosted Official Assignments

If the assignment is fully hosted, 25 percent of the amounts prescribed under Paragraph 2 of Article 6 of this Bylaw shall be disbursed in accordance with the approved categories, in addition to the provisions of Paragraph 3 of Article 6 of this Bylaw.

Article 8

Hosted Official Assignments in Terms of Accommodation

If the assignment is hosted in terms of accommodation (hotel), (45%) of the amounts prescribed under Paragraph 2 of Article 6 of this Bylaw shall be disbursed in accordance with the approved categories, in addition to the provisions of Paragraph 3 of Article 6 of this Bylaw.

Article 9

Transportation Allowance

1. An allowance of transportation from the place of residence to the location of the assignment and from the location of the assignment to the place of residence in the amount of a lump sum (150) US dollars shall be disbursed to the member of the military personnel. This shall be inclusive of airport taxes, visa fees, et cetera, with the exception of the visa fees which are paid in addition to the transportation allowance.

2. In the cases where actual transportation costs are in excess of the amount specified under Paragraph 1 of this Article, the actual costs shall be disbursed for the whole journey, on condition that original payment vouchers are enclosed, and provided that the provisions of Article 4 of this Bylaw are taken into consideration.

Article 10

Transit and Intermediate Countries

1. The provisions of Articles 6, 7 and 8 of this Bylaw shall be applicable to transit countries, which are necessarily required to access the location of the official assignment.

2. The allowances provided for under Articles 6, 7 and 8 of this Bylaw shall be disbursed for one night only upon departure from the Authority-controlled territory and one night only upon return thereto via an intermediate country. In special cases, however, the whole period of stay in the intermediate country shall be counted following approval of the Minister.

Article 11

(Internal) Official Work Assignments

One or all of the allowances listed under this Bylaw shall be disbursed to the member of the military personnel, who is tasked with an official assignment inside the territory of the homeland.

Article 12

Cost of Living Allowance

The cost of living allowance shall be disbursed in accordance with the following conditions:

1. The following amounts for the cost of living allowance for each night spent in the location of the official assignment:

a. The Special Group (40) US dollars per night of accommodation.

b. The First and Second Groups (35) US dollars per night of accommodation.

c. The Third Groups (30) US dollars per night of accommodation.

2. Half of the amounts stated above shall be disbursed in the event the assignment is performed without accommodation.

Article 13

Allowance for Hotel Accommodation Cost

If accommodation expenses of the member of the military personnel in hotels are not covered by the inviting party or if he did not receive cash amounts for such purpose, the actual amount of the hotel invoice for a single room shall be disbursed, excluding room service, provided that it does not exceed (100) US dollars for all groups.

Article 14

Transportation Allowance

Transportation allowance of a maximum limit of (100) US dollars from the place of residence to the location of the assignment and from the location of the assignment to the place of residence shall be disbursed in each direction.

Article 15

Documents and Supporting Evidence of the Internal Travel Assignment

Allowances of the internal official work assignment shall be disbursed in accordance with the following documents and supporting evidence:

1. The order of delegation and approval issued forth by the Minister or the person whom he authorises, specifying the following:

a. The rank of the delegated member of the military personnel.

b. Nature of the assignment in accordance with the following:

1) Not hosted in terms of accommodation and cost of living.

2) Fully hosted in terms of hotel accommodation or hospitality houses.

3) Fully hosted in terms of accommodation and cost of living.

c. A copy of the invitation issued forth by the inviting party, if any.

d. Date of commencement and expiration of the internal assignment.

2. The original invoices of hotel accommodation.

3. The financial claim issued forth by the Central Financial Department.

4. The letter of nomination issued forth by the head of agency, to which the member of the military personnel reports.

Article 16

Disbursement of the Official Work Assignment Allowance prior to Travel

1. The full amount shall be disbursed (in the country of the assignment) to the person tasked with an external official work assignment prior to travel.

2. The full amount shall be disbursed (in the country of the course) to the member of the military personnel who is assigned on a military training course prior to travel in case the duration of the course is one month or less. In case the duration of the course is more than one month, the amount earmarked for the course shall be disbursed on a monthly basis.

3. The person delegated on an official work assignment or training course shall submit to the relevant department, to which the delegated person reports, the following:

a. Enclosure of the documents listed under Article 38 of the Bylaw for external assignments and training courses.

b. Enclosure of the documents listed under Paragraphs 1, 2, 3 and 4 of Article 15 of this Bylaw for internal assignments.

c. The assignment shall be settled within a maximum period of (14) days from the date on which the member of the military personnel returns to his work station.

Article 17

Military Training Courses

Training courses designated for members of the military personnel shall be classified as follows:

1. Training courses that take place outside military encampments.

2. Training courses that take place inside military encampments.

3. Internal and external scholarships at military, police or security universities or colleges.

Article 18

Classification of Training Courses outside Military Encampments

Training courses that take place outside military encampments shall be classified as follows:

1. Specialised courses.

2. Senior Command courses.

Article 19

Specialised Courses that are not Fully Hosted

1. If living and accommodation expenses of the member of the military personnel during the period of the course are not covered by the inviting party or any external party, and he did not receive from it cash amounts for such purpose, the amounts specified under Paragraph 2 of this Article shall be disbursed to him for each night he spends for the purpose of performing the official course.

2. For the purposes of this Bylaw, countries of the world have been classified in terms of the allowances of courses for members of the military personnel into four categories, for each of which a lump sum amount shall be disbursed, as follows:

3. To be added to the allowances prescribed under Paragraph 2 of this Article shall be a sum of (20) US dollars for the Special Group, a sum of (15) US dollars for the First Group, and a sum of (10) dollars for the Second Group for each night of the course.

Article 20

Special Provisions on the Mechanism of Disbursement for Non-hosted Specialised Courses

1. If the training course extends from one day to (14) days, the full allowances provided for under Paragraphs 2 and 3 of Article 19 shall be disbursed.

2. If the training course extends over (14) days up to a month, the first (14) days shall be disbursed in accordance with Paragraph 1 of this Article in addition to (60%) of the amount of the assignment for the remaining period up to a month.

3. If the training course is more than one month, the first month shall be disbursed in accordance with Paragraphs 1, 2 of this Articles, in addition to (10%) from the amount of assignment provided for under Paragraph 2 of Article 19 of this Bylaw, provided that the financial disbursement of the course does not exceed (60) days, in addition to the provision of Paragraph 3 of Article 19 of this Bylaw.

Article 21

Hosted Specialised Courses in Terms of Accommodation

If the course is hosted in terms of accommodation (hotel), (45%) of the total completed assignment shall be disbursed in accordance with the provisions of Article 19 of the Bylaw, provided that the financial disbursement of the course does not exceed (60) days.

Article 22

Fully Hosted Specialised Courses

If the course is fully hosted, (25%) of the total completed assignment shall be disbursed in accordance with the provisions of Article 19 of the Bylaw, provided that the financial disbursement of the fully hosted course does not exceed (90) days.

Article 23

Senior Command Courses

The provisions of Articles 19, 21 and 22 shall be applied to the process of calculating the allowances of Senior Command courses.

Article 24

Special Provisions on the Mechanism of Disbursement for Senior Command Courses

1. If the training course extends from one day to (14) days, the full allowances provided for under Paragraphs 2 and 3 of Article 19 shall be disbursed.

2. If the training course extends over (14) days up to a month, the first (14) days shall be disbursed in accordance with Paragraph 1 of this Article in addition to (60%) of the amount of the assignment for the remaining period up to a month.

3. If the training course is more than one month, the first month shall be disbursed in accordance with Paragraphs 1, 2 of this Article, in addition to (10%) from the amount of assignment for the remaining period up to one year of the amount of the assignment provided for under Paragraph 2 of Article 19 of this Bylaw.

Article 25

Training Courses inside the Military Encampment

1. In respect of training courses that extend from one day up to (90) days, entitlements shall be disbursed as a lump sum amount on the basis of a single night in the country of the course, as follows:

2. In addition to the provisions of Paragraph 1 of this Article, the transportation allowance and travel tickets shall be disbursed in accordance with the provisions of Articles 4 and 9 of this Bylaw.

Article 26

Training Courses inside the Military Encampment [which Extend for] More than (90) Days

1. In respect of the training courses, whose duration exceeds (90) days or more, entitlements shall be disbursed a monthly basis in the country of the course in accordance with the following table:

2. In addition to the provisions of Paragraph 1 of this Article, the transportation allowance and travel tickets shall be disbursed in accordance with the provisions of Articles 4 and 9 of this Bylaw.

Article 27

External Scholarships at Military, Police or Security Universities or Colleges

Financial allowances of the military student shall be calculated (in US dollars per month) in accordance with the following table:

Article 28

Financial Allowance of the Military Student

1. If the host university or college disburses a financial allowance to the military student, this amount of the student’s entitlements shall be deducted from the allowances provided for under Article 27 of this Bylaw. His due remaining entitlements shall be given to him.

2. If the financial allowance, which the host party grants to the student, is larger than his due allowances as per the table above, the student shall not be entitled to any of the financial allowances prescribed under this Bylaw.

Article 29

Provisions on Transportation Expenses and Travel Tickets of the Military Student

1. A single ticket and transportation expenses in the amount of (150) US dollars shall be disbursed to the military student. A return ticket shall be disbursed once upon graduation from the university or college, in which the military student is enrolled, in accordance with the provisions of Article 4 of this Bylaw.

2. In the event the duration of education exceeds two years, an additional round-trip ticket shall be disbursed once to the military student in accordance with the provisions of Article 4 of this Bylaw.

Article 30

Terms and Conditions of Delegation

Terms and conditions of delegation on external military courses of various types shall be regulated in the form of instructions to be issued forth by the Minister.

Article 31

Coverage of Vacations and Official Holidays

The member of the military personnel, who is delegated on a long-term course, shall have the right to return to the territory of the homeland to cover the vacations and official and religious holidays granted to him in accordance with the system of the course. The days of his vacation shall not be deducted from his due financial assignment.

Article 32

Discontinuance of the Course by the Member of the Military Personnel

In the event the member of the military personnel discontinues the course, on which he is delegated but has not been able to complete it for reasons of emergency, the competent Minister shall examine the manner. He shall have the right to count the assignment of the course for the delegated member of the military personnel within the days he spent on the course, together with counting the transportation allowances only.

Article 33

Treatment outside the Homeland

Without prejudice to the provisions of Articles 210 and 211 of the Law of Service in the Palestinian Security Forces, when the delegated member of the military personnel sustains during the course or official work assignment an injury or illness, he shall receive immediate treatment in the host country. In the event the host party or country, to which the member of the military personnel is delegated, does not afford expenses of the treatment, the Central Financial Department shall afford the costs of his treatment based upon the Minister’s decision and an official health authority’s approval of the report on treatment of the delegated member of the military personnel.

Article 34

Disbursement of a Travel Ticket

A ticket shall be disbursed only once to the officer (who is enrolled on Senior Command courses) and delegated for more than twelve months to visit his family in the territory of the homeland, in addition to the ticket disbursed to him to join the course together with transportation expenses in the amount of one hundred and fifty US dollars in accordance with the provisions of Article 4 of this Bylaw.

Article 35

Accompanying the Family

The provisions of Article 34 of this Bylaw shall not be applicable if the officer (who is enrolled on Senior Command courses) and delegated for more than twelve months wishes to accompany his family. Only travel tickets shall be disbursed to his wife and minor children, taking into consideration the provisions of Article 4 of this Bylaw.

Article 36

Study Programme of the Course

1. If the programme of the course, on which the member of the military personnel is delegated, includes external visits to institutes and colleges of other countries, other than that to which he is delegated, as a compulsory requirement in the study programme of the course, travel tickets shall be disbursed to the military student in addition to his entitlement to a travel assignment for such visit, taking into account the provisions of Article 4 of this Bylaw.

2. The duration of the external assignment or visit shall be deducted from the duration of the original course, on which the military student is delegated, on condition that the following documents are available (an official letter from the college, university, institute or centre that belongs to the host country, including information on the visit in terms of its location, duration, purpose and the party that affords costs of the visit. The letter must be addressed to the Military Attaché or Ministry of Interior in the event a Military Attaché is not in place).

Article 37

Disbursement of Assignments and Travel Tickets

The Central Financial Department shall disburse the assignments and travel tickets to members of the military personnel after the member of the military personnel obtains approval of the Minister or the person whom he authorises for his being delegated on the assignment or course based upon the recommendation of the Palestinian Training Commission and issuance of the order of delegation.

Article 38

Documents and Supporting Evidence of the Travel Assignment and Military Training Course

The allowance of the assignment and course shall be disbursed in accordance with the following documents and supporting evidence:

1. The Special Group: A letter of travel on an external assignment or training course to be issued forth by the person authorised of expenditure for the purposes of performing an official assignment, in which the intended country and duration of the official assignment or course are clearly designated, in addition to the nature of the official assignment or training course and the party that affords the costs.

2. The First, Second and Third Groups: The letter of assignment and approval issued forth by the Minister or the person whom he authorises, provided that it includes the following:

a. Designation of the position grade of the person tasked with the official assignment or training course.

b. Specification of the nature of the official assignment or training course in accordance with one of the following classifications:

1) Not fully hosted in terms of accommodation and cost of living.

2) Hosted in terms of accommodation.

3) Fully hosted in terms of accommodation and cost of living.

c. Designation of the country of the assignment.

d. Designation of the date of commencement and expiration of the official assignment or training course.

3. The Special Group must submit a copy of the coordination letters and correspondence, which take place with the external party and travel destination, if any.

4. The First, Second and Third Groups must submit a copy of the invitation issued forth by the inviting party.

5. Decision of the Minister (or the person whom he authorises) on the delegation of the member of the military personnel to perform an official assignment or training course.

6. Photocopies of the passport, showing the stamps of entry and exit from airports or land border of the country, in which the official work assignment was performed, as well as the cities of transit in intermediate countries.

7. A copy of the electronic ticket.

8. Enclosure of the order of delegation.

9. In relation to training courses, all Special, First, Second and Third Groups must have the nature of the course clearly defined in the invitation in terms of hosting.

10. The financial claim issued forth by the Central Financial Department.

11. The letter of nomination issued forth by the head of agency, to which the member of the military personnel reports.

Article 39

The Actual Cost of Accommodation on the Non-hosted Assignment

In the event the amount of hotel accommodation during the non-hosted official assignment or training course (the duration of which is not beyond one month) is in excess of (65%) of the amount granted under this Bylaw, only the competent Minister may only approve the whole actual cost of accommodation in addition to all other allowances provided for under Articles 8 and 24 of this Bylaw, after the documents thus demonstrating are enclosed.

Article 40

Adjustment of Allowances

The Council of Ministers shall be entitled to adjust the allowances listed under this Bylaw from time to time in light of the change of prices based upon a recommendation from the Minister of Interior.

Article 41

Repealing

The Decision of the Council of Ministers No. 41 of 2004 Concerning the Promulgation of the Bylaw on the Allowances and Expenses of Official Work Assignments, as well as all provisions that contradict the provisions of this Bylaw, shall be repealed.

Article 42

Enforcement and Entry into Force

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

Promulgated in the city of Ramallah on September 27^th, 2010 Anno Domini,

Corresponding to Shawwal 18^th, 1431 Anno Hegira.

Salam Fayyad

Prime Minister