Implementation Matrix for Agreements between the Sudan and South Sudan

Country/entity
South Sudan
Sudan
Region
Africa (excl MENA)
Agreement name
Implementation Matrix for Agreements between the Sudan and South Sudan
Date
12 Mar 2013
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Interstate/intrastate conflict(s)
Stage
Implementation/renegotiation
Conflict nature
Territory
Peace process
North - South Sudan secession process
Parties
Idris Mohamed Abdel Gader, on behalf of the Government of the Republic of the Sudan; Pagan Amum Okiech, On behalf of the Government of the Republic of South Sudan
Third parties
Witnessed by: Thabo Mvuyelwa Mbeki, Chairperson, African Union High-level Implementation Panel for Sudan and South Sudan, On behalf of the African Union High-level Implementation Panel
Description
An agreement that provides a matrix for the facilitation and coordination by the parties in their pursuit to implement their commitments in prior agreements, most notably the Cooperation Agreement.


Groups

Children/youth

No specific mention.

Disabled persons

No specific mention.

Elderly/age

No specific mention.

Migrant workers

No specific mention.

Racial/ethnic/national group

No specific mention.

Religious groups

No specific mention.

Indigenous people

No specific mention.

Other groups

No specific mention.

Refugees/displaced persons

No specific mention.

Social class

No specific mention.


Gender

Women, girls and gender

No specific mention.

Men and boys

No specific mention.

LGBTI

No specific mention.

Family

No specific mention.


State definition

Nature of state (general)

No specific mention.

State configuration

No specific mention.

Self determination

No specific mention.

Referendum

No specific mention.

State symbols

No specific mention.

Independence/secession

No specific mention.

Accession/unification

No specific mention.

Border delimitation
Page 3, 1. Cooperation Agreement
1.3. Completion of negotiation on disputed and claimed border areas (art. 4.1)
Timing: See below (sect. 5.4)
Remarks: See below (sect. 5.4)

Page 8, 5. Agreement on border issues (including demarcation)
5.1 Border management
5.1.1 Maintenance of soft border (art. 2), and facilitation of movement of people, goods and services - Timing: D-Day onwards
Remarks: Principle of the soft border should inform specific policies and should be adopted by joint security, nationals and economic bodies. Implementation will require coordination across several areas to be identified within the Joint Border Commission. Liaison is required between the Commission and the Joint Political and Security Mechanism on opening of border crossings

Page 10, 5. Agreement on border issues (including demarcation)
5.2 Boundary demarcation process
5.2.1 Establishment of Joint Demarcation Committee (art. 8.1) - Timing: D-Day + 7
Remarks: 10 members, 5 from each State, including a Co-chair. During this period names of nominees to be exchanged
5.2.2 First meeting of the Committee (art. 8.5) - Timing: D-Day + 14
5.2.3 Establishment of Joint Technical Team (art. 9.1) - Timing: 5.2.2 (first meeting of Joint Demarcation Committee)
Remarks: The Joint Technical Team is to have 80 persons, 40 from each state. Composition to be confirmed at first meeting of the Joint Demarcation Committee. The African Union is to provide surveyors and other technical experts to assist team
5.2.5 Development of demarcation plan (art. 10.1) - Timing: 5.2.2 + 21
Remarks: Parties may seek advice from African Union representatives or any other source. Security elements of plan will require some participation of representatives of Joint Political and Security Mechanism in the planning

Page 11, 5. Agreement on border issues (including demarcation)
5.2 Boundary demarcation process
5.2.7 Commencement of demarcation (art. 7.2) - Timing: 5.2.2 + 60

Page 11, 5. Agreement on border issues (including demarcation)
5.3 Security for demarcation process
5.3.1 Submission of demarcation plan to the Joint Political and Security Mechanism (art. 13.1) - Timing: 5.2.5 (development of demarcation plan) + 7 days
Remarks: Security proposals should reflect the particular ethos and sensitivities of demarcation and should incorporate community sensitization to the process
5.3.2 Arrangement of security for demarcation (art. 13.2) - Timing: During demarcation
Remarks: Security arrangements and implementation must accord with 5.3.1 and be carried out in consultation with the Joint Demarcation Committee and Joint Technical Team
5.3.3 Completion of demarcation (art. 7.1) - Timing: 5.2.7 (commencement of demarcation plan) + 3 months
Cross-border provision
Page 12, 6. Agreement on trade and trade-related issues
6.1 Establishment of Joint Ministerial
Committee on Trade Relations (art. 3.1) and preparations to establish the Joint Technical Committee on Trade Relations - Timing: D-Day + 5
Remarks: Goal is to agree trade policy and framework of cooperation between the
parties, including both existing and future agreements that would enhance and facilitate trade. The parties may request assistance from the African Development Bank (AfDB), which provided them with a consultant at earlier stages, as well as the Common Market for Eastern and Southern Africa (COMESA) and other regional organizations

Page 17, 10. Agreement concerning oil and related economic matters
10.6 Establishment of Joint Cross-Border Cooperation Committee (art. 9.1.2) and entry into agreements to facilitate movement and security of personnel - Timing: D-Day +14

Governance

Political institutions (new or reformed)

No specific mention.

Elections

No specific mention.

Electoral commission

No specific mention.

Political parties reform

No specific mention.

Civil society
Page 11, 5. Agreement on border issues (including demarcation)
5.3 Security for demarcation process 5.3.1 Submission of demarcation plan to the Joint Political and Security Mechanism (art. 13.1) - Timing: 5.2.5 (development of demarcation plan) + 7 days
Remarks: Security proposals should reflect the particular ethos and sensitivities of demarcation and should incorporate community sensitization to the process
Traditional/religious leaders

No specific mention.

Public administration
Page 14, 8. Framework agreement to facilitate payment of post-service benefits
8.1 Payment by the Sudan of all post-service benefits and arrears due, including to South Sudan citizens (art. 2.1) - Timing: Immediate Existing/continuing obligation
8.2 Payment by South Sudan of all post-service benefits and arrears due, including to Sudan citizens (art. 2.2) - Timing: Immediate Existing/continuing obligation
Constitution

No specific mention.


Power sharing

Political power sharing
Power sharing→Political power sharing→Other
State level
Page 3, 1. Cooperation Agreement
1.4 Determination of the final status of Abyei and consideration of formation of the Abyei Referendum Commission (art. 4.2)
Timing: Date to be agreed The Presidents
Remarks: To be dealt with at the level of the Presidents

Page 6-7, 3. Agreement on temporary arrangements for administration and security of the Abyei Area
3.1 Constitute Abyei Area Administration (art. 5) - Timing: D-Day + 7
Remarks: Abyei Joint Oversight Committee to constitute the Abyei Area Administration
3.2 Constitute Abyei Area Council (art. 8) - Timing: D-Day + 7
Remarks: The Abyei Joint Oversight Committee Co-Chairs agreed that the Sudan nomination for Chairperson of the Council adopted at the 8th Abyei Joint Oversight Committee meeting shall remain the same and can become effective only when the matter of Abyei Area Council membership has been resolved
• Agreement on the composition of the Council. The Committee has sent the matter to the Presidents for guidance
• The Committee is to constitute the Abyei Area Council in accordance with the guidance from the Presidents
Territorial power sharing
Power sharing→Territorial power sharing→Autonomous regions
Page 3, 1. Cooperation Agreement
1.4 Determination of the final status of Abyei and consideration of formation of the Abyei Referendum Commission (art. 4.2)
Timing: Date to be agreed The Presidents
Remarks: To be dealt with at the level of the Presidents

Page 6-7, 3. Agreement on temporary arrangements for administration and security of the Abyei Area
3.1 Constitute Abyei Area Administration (art. 5) - Timing: D-Day + 7
Remarks: Abyei Joint Oversight Committee to constitute the Abyei Area Administration
3.2 Constitute Abyei Area Council (art. 8) - Timing: D-Day + 7
Remarks: The Abyei Joint Oversight Committee Co-Chairs agreed that the Sudan nomination for Chairperson of the Council adopted at the 8th Abyei Joint Oversight Committee meeting shall remain the same and can become effective only when the matter of Abyei Area Council membership has been resolved
• Agreement on the composition of the Council. The Committee has sent the matter to the Presidents for guidance
• The Committee is to constitute the Abyei Area Council in accordance with the guidance from the Presidents

Page 11-12, 5. Agreement on border issues (including demarcation)
5.4 Process for settlement of status of the five disputed areas and claimed border areas
5.4.1 Written submissions provided to the African Union Team of Experts - Timing: D-Day + 66
5.4.2 Parties to determine, in consultation with the African Union Team of Experts, time frame for process of preparing non- binding opinion of Team on status of the 5 disputed areas - Timing: D-Day + 21
5.4.3 Completion of non-binding opinion of the African Union Team of Experts on the status of the 5 disputed areas - Timing: 5.4.1 + 60
Remarks: Parties have commenced cooperation with the experts in line with draft terms of reference for the African Union Team of Experts. Timeline subject to change by parties pursuant to 5.4.2
5.4.4 Consideration of opinion and preparation for negotiations - Timing: 5.4.3 + 35
5.4.5 Conclusion of discussions on the 5 disputed areas (para. 3.1.1 Heads of State Summit Outcome document) - Timing: 5.4.4 + 35
Remarks: Discussions shall be with the facilitation of AUHIP. If there is no settlement within this period, the parties shall:
• Extend the period for discussion, or
• Refer the matter to arbitration, or
• Refer the matter to any other binding settlement process
5.4.6 Agreement on process for settling status of claimed areas - Timing: 5.4.5 + 20
Economic power sharing
Power sharing→Economic power sharing→Fiscal federalism
Page 12, 6. Agreement on trade and trade-related issues
6.1 Establishment of Joint Ministerial
Committee on Trade Relations (art. 3.1) and preparations to establish the Joint Technical Committee on Trade Relations - Timing: D-Day + 5
Remarks: Goal is to agree trade policy and framework of cooperation between the
parties, including both existing and future agreements that would enhance and facilitate trade. The parties may request assistance from the African Development Bank (AfDB), which provided them with a consultant at earlier stages, as well as the Common Market for Eastern and Southern Africa (COMESA) and other regional organizations

Page 15, 9. Agreement on certain economic matters: division of assets and liabilities, arrears and claims and joint approach to the international community
9.1 The Sudan to provide South Sudan any part of an archive which is required for the normal administration of the territory of South Sudan or which relates directly to the territory of South Sudan; the best available evidence from its State archives, including maps and other documents, relating to title to the territory of South Sudan and its boundaries; and such other information as is necessary to clarify the meaning of archives that pass to South Sudan (arts. 4.2.1-4.2.2) - Timing: D-Day + 120

Page 16, 9. Agreement on certain economic matters: division of assets and liabilities, arrears and claims and joint approach to the international community
9.6 The Sudan to take all necessary action to reach Heavily Indebted Poor
Countries Initiative decision point (art. 3.1.4 (a)) - Timing: Ratification + 2 years
Remarks: The Sudan continuation of ongoing consultations required with the International Monetary Fund, the World Bank and AfDB on progress, as well as implementation of the joint approach to the international community, as appropriate

Page 16, 10. Agreement concerning oil and related economic matters
10.1 The Sudan to sell oil on-board tanker Isis and transfer proceeds to South Sudan (art. 13.1)
10.2 The Sudan to direct funds deposited at High Court in London related to vessel RatnaShradha (art. 13.2)
10.3 South Sudan to instruct oil companies to re-establish oil production (art. 15.1) - Timing: D-Day +14
Remarks: Resumption of production shall take place as soon as technically feasible.
The parties have the responsibility to see to it that the relevant operators will plan and conduct the actual start-up in a technically and environmentally sound manner and in accordance with international best practices (art. 15.1)

Page 17, 10. Agreement concerning oil and related economic matters
10.4 The Sudan to instruct oil companies to re-establish oil processing and transportation (art. 15.2) - Timing: D-Day + 14
Remarks: Resumption of processing and transportation shall take place as soon as technically feasible. The parties have the responsibility to see to it that the relevant operators will plan and conduct the actual start-up in a technically and environmentally sound manner and in accordance with international best practices (art. 15.2)

Page 17, 10. Agreement concerning oil and related economic matters
10.7 Establishment of the Petroleum Monitoring Committee (art. 10.1) - Timing: D-Day + 14
Remarks: It is the responsibility of the African Union Commission to appoint an international Chairperson for the committee after consultation with both parties. Both parties have submitted observations on their preferred candidates to AUHIP. Both Governments have already appointed their members to the Petroleum Monitoring Committee

Page 18, 10. Agreement concerning oil and related economic matters
10.8 Conclusion of processing agreements (art. 3.3 (a)) - Timing: D-Day + 150
10.9 Conclusion of transportation agreements (art. 3.3 (b)) - Timing: D-Day + 150
10.10 Development of quality adjustment procedures for the Greater Nile Petroleum Operating Company transportation system (art. 8.1) - Timing: D-Day + 150
10.11 The parties to discuss the Sudapet issue with the aim of reaching an agreement
(art. 14) - Timing: D-Day + 5 to

Page 19, 10. Agreement concerning oil and related economic matters
10.17 Establishment of two subcommittees of the Petroleum Monitoring Committee (art. 10.4) - Timing: D-Day + 60
Remarks: The technical and financial subcommittees shall monitor oil operations and review all monthly reports, and should be operational as soon as possible after resumption of oil production
10.18 Either party may exercise option to nominate representatives (observers) to be located at facilities within the territory of the other State (art. 11)
10.19 Adoption of detailed agreements (art. 20) - Timing: D-Day + 150
10.20 Payment of TFA (arts. 4.4, 5.2) - Timing: Within 40 days from date of bill of lading
Military power sharing

No specific mention.


Human rights and equality

Human rights/RoL general

No specific mention.

Bill of rights/similar

No specific mention.

Treaty incorporation

No specific mention.

Civil and political rights

No specific mention.

Socio-economic rights

No specific mention.


Rights related issues

Citizenship
Rights related issues→Citizenship→Citizen, general
Page 7-8, 4. Framework agreement on the status of nationals of the other State
4.1 Establishment of the Joint High-level Committee (art. 1.1) - Timing: D-Day + 7
Remarks: During this period, names of nominees to the Committee are to be exchanged
4.2 First meeting of the Committee (art. 1.3) - Timing: D-Day + 14
Remarks: AUHIP to convene meeting in Juba/Khartoum; may amend the proposed agenda submitted in March 2012 in consultation with the parties
4.3 Confirmation of composition of the Committee (art. 4.3) - Timing: During 4.2
Remarks: The parties have agreed to confirm the membership and number of the Joint High-level Committee at its first meeting
4.4 Accelerate cooperation to provide nationals with identity and other relevant documents (art. 2.1) - Timing: After 4.2
4.5 Elaboration of Four Freedoms agreement (art. 4.3) - Timing: 4.2 + 60
Remarks: Elaborated Four Freedoms text, prepared by AUHIP, already circulated to the parties. An annotated version to be prepared and circulated to the parties by the first Joint High-level Committee meeting. Issue will require further consideration by the Committee
4.6 Appeal for support for documentation, if necessary (art. 2.2) - Timing: After 4.4
Remarks: The requirement for support will depend on the needs assessed by the Committee. The two States may jointly appeal for technical support through the AUHIP for their cooperative efforts. This is without prejudice to each State’s right to solicit assistance for its own activities
Democracy

No specific mention.

Detention procedures

No specific mention.

Media and communication

No specific mention.

Mobility/access
Page 6, 2 Agreements on security arrangements
2.5 Opening of 10 border-crossing corridors (art. 5) Immediate establishment of national
technical border corridor committee in each country and preparation for Joint Technical Border Corridor Committee - Timing: D-Day + 7
2.5.1 Meeting of the Joint Technical Border Corridor Committee - Timing: D-Day + 7
2.5.2 Establishment of necessary office and foundations - Timing: D-Day + 60
2.5.3 Joint visit from both sides to the crossing corridors to review completion
and readiness - Timing: D-Day + 70

Page 8, 5 Agreement on border issues (including demarcation)
5.1 Border management
5.1.1 Maintenance of soft border (art. 2), and facilitation of movement of people, goods and services - Timing: D-Day onwards
Remarks: Principle of the soft border should inform specific policies and should be adopted by joint security, nationals and economic bodies. Implementation will require coordination across several areas to be identified within the Joint Border Commission. Liaison is required between the Commission and the Joint Political and Security Mechanism on opening of border crossings

Page 9, 5. Agreement on border issues (including demarcation)
5.1 Border management
5.1.5 Management of transhumance: development of policy and regulations for resource management (part VII) - Timing: 5.1.2 + 30
Protection measures

No specific mention.

Other

No specific mention.


Rights institutions

NHRI

No specific mention.

Regional or international human rights institutions

No specific mention.


Justice sector reform

Criminal justice and emergency law

No specific mention.

State of emergency provisions

No specific mention.

Judiciary and courts

No specific mention.

Prisons and detention

No specific mention.

Traditional Laws

No specific mention.


Socio-economic reconstruction

Development or socio-economic reconstruction
Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 8, 5 Agreement on border issues (including demarcation)
5.1 Border management
5.1.1 Maintenance of soft border (art. 2), and facilitation of movement of people, goods and services - Timing: D-Day onwards
Remarks: Principle of the soft border should inform specific policies and should be adopted by joint security, nationals and economic bodies. Implementation will require coordination across several areas to be identified within the Joint Border Commission. Liaison is required between the Commission and the Joint Political and Security Mechanism on opening of border crossings
National economic plan

No specific mention.

Natural resources
Page 16, 10. Agreement concerning oil and related economic matters
10.1 The Sudan to sell oil on-board tanker Isis and transfer proceeds to South Sudan (art. 13.1)
10.2 The Sudan to direct funds deposited at High Court in London related to vessel RatnaShradha (art. 13.2)
10.3 South Sudan to instruct oil companies to re-establish oil production (art. 15.1) - Timing: D-Day +14
Remarks: Resumption of production shall take place as soon as technically feasible.
The parties have the responsibility to see to it that the relevant operators will plan and conduct the actual start-up in a technically and environmentally sound manner and in accordance with international best practices (art. 15.1)

Page 17, 10. Agreement concerning oil and related economic matters
10.4 The Sudan to instruct oil companies to re-establish oil processing and transportation (art. 15.2) - Timing: D-Day + 14
Remarks: Resumption of processing and transportation shall take place as soon as technically feasible. The parties have the responsibility to see to it that the relevant operators will plan and conduct the actual start-up in a technically and environmentally sound manner and in accordance with international best practices (art. 15.2)

Page 17, 10. Agreement concerning oil and related economic matters
10.7 Establishment of the Petroleum Monitoring Committee (art. 10.1) - Timing: D-Day + 14
Remarks: It is the responsibility of the African Union Commission to appoint an international Chairperson for the committee after consultation with both parties. Both parties have submitted observations on their preferred candidates to AUHIP. Both Governments have already appointed their members to the Petroleum Monitoring Committee

Page 18, 10. Agreement concerning oil and related economic matters
10.8 Conclusion of processing agreements (art. 3.3 (a)) - Timing: D-Day + 150
10.9 Conclusion of transportation agreements (art. 3.3 (b)) - Timing: D-Day + 150
10.10 Development of quality adjustment procedures for the Greater Nile Petroleum Operating Company transportation system (art. 8.1) - Timing: D-Day + 150
10.11 The parties to discuss the Sudapet issue with the aim of reaching an agreement
(art. 14) - Timing: D-Day + 5 to

Page 19, 10. Agreement concerning oil and related economic matters
10.17 Establishment of two subcommittees of the Petroleum Monitoring Committee (art. 10.4) - Timing: D-Day + 60
Remarks: The technical and financial subcommittees shall monitor oil operations and review all monthly reports, and should be operational as soon as possible after resumption of oil production
10.18 Either party may exercise option to nominate representatives (observers) to be located at facilities within the territory of the other State (art. 11)
10.19 Adoption of detailed agreements (art. 20) - Timing: D-Day + 150
10.20 Payment of TFA (arts. 4.4, 5.2) - Timing: Within 40 days from date of bill of lading
International funds
Page 16, 9. Agreement on certain economic matters: division of assets and liabilities, arrears and claims and joint approach to the international community
9.6 The Sudan to take all necessary action to reach Heavily Indebted Poor
Countries Initiative decision point (art. 3.1.4 (a)) - Timing: Ratification + 2 years
Remarks: The Sudan continuation of ongoing consultations required with the International Monetary Fund, the World Bank and AfDB on progress, as well as implementation of the joint approach to the international community, as appropriate
Business

No specific mention.

Taxation

No specific mention.

Banks
Socio-economic reconstruction→Banks→Central bank
Page 13, 7. Agreement on a framework for cooperation on central banking issues
7.1 Establishment of Joint Central Banks Committee (art. 1.1) - Timing: D-Day + 5
Remarks: Committee should support financial stability and sound banking practices, including systems for facilitation of payments and financial transactions. It would be most appropriate for this Committee and the trade-related committee to arrange a joint meeting on issues of mutual relevance. As also envisaged in the borders agreement, it might also be useful to include a “soft border” element in such a meeting. One or all multilateral development banks can be requested to provide assistance (see 5.1.1 and 5.1.7 above)

Page 16, 9. Agreement on certain economic matters: division of assets and liabilities, arrears and claims and joint approach to the international community
9.6 The Sudan to take all necessary action to reach Heavily Indebted Poor
Countries Initiative decision point (art. 3.1.4 (a)) - Timing: Ratification + 2 years
Remarks: The Sudan continuation of ongoing consultations required with the International Monetary Fund, the World Bank and AfDB on progress, as well as implementation of the joint approach to the international community, as appropriate
Socio-economic reconstruction→Banks→Personal or commercial banking
Page 16, 9. Agreement on certain economic matters: division of assets and liabilities, arrears and claims and joint approach to the international community
9.6 The Sudan to take all necessary action to reach Heavily Indebted Poor
Countries Initiative decision point (art. 3.1.4 (a)) - Timing: Ratification + 2 years
Remarks: The Sudan continuation of ongoing consultations required with the International Monetary Fund, the World Bank and AfDB on progress, as well as implementation of the joint approach to the international community, as appropriate
Socio-economic reconstruction→Banks→International finance
Page 12, 6. Agreement on trade and trade-related issues
6.1 Establishment of Joint Ministerial
Committee on Trade Relations (art. 3.1) and preparations to establish the Joint Technical Committee on Trade Relations - Timing: D-Day + 5
Remarks: Goal is to agree trade policy and framework of cooperation between the
parties, including both existing and future agreements that would enhance and facilitate trade. The parties may request assistance from the African Development Bank (AfDB), which provided them with a consultant at earlier stages, as well as the Common Market for Eastern and Southern Africa (COMESA) and other regional organizations

Page 16, 9. Agreement on certain economic matters: division of assets and liabilities, arrears and claims and joint approach to the international community
9.6 The Sudan to take all necessary action to reach Heavily Indebted Poor
Countries Initiative decision point (art. 3.1.4 (a)) - Timing: Ratification + 2 years
Remarks: The Sudan continuation of ongoing consultations required with the International Monetary Fund, the World Bank and AfDB on progress, as well as implementation of the joint approach to the international community, as appropriate

Land, property and environment

Land reform/rights

No specific mention.

Pastoralist/nomadism rights
Page 9, 5. Agreement on border issues (including demarcation)
5.1 Border management
5.1.5 Management of transhumance: development of policy and regulations for resource management (part VII) - Timing: 5.1.2 + 30
Cultural heritage
Land, property and environment→Cultural heritage→Promotion
Page 15, 9. Agreement on certain economic matters: division of assets and liabilities, arrears and claims and joint approach to the international community
9.2 Establishment of Joint Archives and Cultural Heritage Committee and repatriation archives and cultural property (arts. 4.2.1, 4.3.1, 4.3.5) - Timing: D-Day + 30
Environment

No specific mention.

Water or riparian rights or access

No specific mention.


Security sector

Security Guarantees
Page 3, 1. Cooperation Agreement
1.1. Full implementation of previous agreements relating to common security, including Abyei Temporary Arrangements (art. 2.2)
Timing: Immediately
Remarks: See below (sects. 2 and 3)

Page 4, 2 Agreements on security arrangements (The agreement on Modalities for the Implementation of the Security Arrangements Agreement between the Sudan and South Sudan adopted by the Joint Political and Security Mechanism on 8 March 2013 is the reference document for the timelines below)
2.1 Immediate and unconditional withdrawal of forces to their side of the safe demilitarized border zone (art. 1)
2.1.1 Immediate orders issued D-Day + 4 South Sudan and the Sudan - Timing: D-Day + 4
2.1.2 Start of withdrawal - Timing: D-Day + 4
2.1.3 Joint Border Verification and Monitoring Mechanism to receive update from parties and report to parties - Timing: D-Day + 4
2.1.4 Completion of withdrawal - Timing: D-Day + 7
2.1.4.1 Completion of withdrawal in the 14-mile area - Timing: D-Day + 14
2.1.5 United Nations Interim Security Force for Abyei (UNISFA) Force Commander to report to the Joint Political and Security Mechanism on withdrawal - Timing: D-Day + 14

Page 4, 2 Agreements on security arrangements
2.2 Operationalization of the Joint Border Verification and Monitoring Mechanism (art. 2)
2.2.1 Start of operationalization of the Mechanism - Timing: D-Day
Remarks: Governments of the Sudan and South Sudan agreed to the requirement of force protection battalion of 860 personnel. Parties agreed that the Mechanism will have final strength of 90 monitors each (Joint Political and Security Mechanism decisions 18 September 2011, Security Council resolution 2024 (2011)). They will initially deploy 70 monitors and build up this strength progressively as per progress of operationalization

Page 5, 2 Agreements on security arrangements
2.2 Operationalization of the Joint Border Verification and Monitoring Mechanism (art. 2)
2.2.2 Allocation of land for Joint Border Verification and Monitoring Mechanism Sector Headquarters in Gok Machar - Timing: D-Day + 16
2.2.3 Initial operating capacity - Timing: D-Day + 46
2.2.4 Provision of land at Malakal and Buram for Sector Headquarters -Timing: D-Day + 30
2.2.5 Force generation for full operating capacity - Timing: D-Day + 60
2.2.6 Full operating capacity - Timing: D-Day + 90

Page 5, 2 Agreements on security arrangements
2.3 Operationalization of the safe demilitarized border zone (art. 2)
2.3.1 Start redeployment of forces from safe demilitarized border zone -Timing:D-Day + 7
2.3.2 Completion of redeployment of forces - Timing: D-Day + 26
2.3.3 Joint Border Verification and Monitoring Mechanism reports on completion of redeployment - Timing: D-Day + 33

Page 5-6, 2 Agreements on security arrangements
2.4 Activation of the Ad Hoc Committee (art. 4)
2.4.1 Activation of the Ad Hoc Committee - Timing: D-Day + 7
2.4.2 Activation of the Ad Hoc Committee of the Joint Border Verification and Monitoring Mechanism Sector Headquarters (in the 14-mile sector of the Mechanism) within 30 days (art. 3) - Timing: D-Day + 44

Page 6, 2 Agreements on security arrangements
2.5 Opening of 10 border-crossing corridors (art. 5) Immediate establishment of national
technical border corridor committee in each country and preparation for Joint Technical Border Corridor Committee - Timing: D-Day + 7
2.5.1 Meeting of the Joint Technical Border Corridor Committee - Timing: D-Day + 7
2.5.2 Establishment of necessary office and foundations - Timing: D-Day + 60
2.5.3 Joint visit from both sides to the crossing corridors to review completion
and readiness - Timing: D-Day + 70

Page 6-7, 3. Agreement on temporary arrangements for administration and security of the Abyei Area
3.1 Constitute Abyei Area Administration (art. 5) - Timing: D-Day + 7
Remarks: Abyei Joint Oversight Committee to constitute the Abyei Area Administration
3.2 Constitute Abyei Area Council (art. 8) - Timing: D-Day + 7
Remarks: The Abyei Joint Oversight Committee Co-Chairs agreed that the Sudan nomination for Chairperson of the Council adopted at the 8th Abyei Joint Oversight Committee meeting shall remain the same and can become effective only when the matter of Abyei Area Council membership has been resolved
• Agreement on the composition of the Council. The Committee has sent the matter to the Presidents for guidance
• The Committee is to constitute the Abyei Area Council in accordance with the guidance from the Presidents
3.3 Constitute Abyei Police Service (arts. 25 and 26) - Timing: D-Day + 30
Remarks: UNISFA proposal shared with the parties. Each State to bring to Abyei Joint Oversight Committee its proposals for the composition of the Abyei Police Service, including a Migrations Unit, for discussion. Police technical teams of the two States to complete their preparatory work by 30 March 2013

Page 9, 5. Agreement on border issues (including demarcation)
5.1 Border management
5.1.2 Establishment of Joint Border Commission (art. 17.1) and subcommittees (art. 19) - Timing: D-Day + 14
Remarks: Five representatives and Co-chair (ministerial level) from each State have already been nominated. First meeting to be held during this period. Parties may wish to convene first Joint Border Commission meeting prior to Joint Demarcation Committee (c.f. 5.2.2)
5.1.3 Establishment of fund to facilitate Joint Border Commission activities (art. 28) - Timing: 5.1.2 (establishment of Joint Border Commission) + 21
Remarks: Equal contributions from each party to
be agreed at first meeting. Parties may seek additional funds from third parties
5.1.4 Elaboration of Integrated Border Management Approach and relevant policies (arts. 3, 4, 18 (2) (a)), including facilitation of cross-border trade and investment promotion
- Timing: 5.1.2 + 30
Remarks: Ongoing process. Internal consultations required per principles of the agreement on border issues. Potential to work with African Union Border Programme to
elaborate an Integrated Border Management Approach
5.1.5 Management of transhumance: development of policy and regulations for resource management (part VII) - Timing: 5.1.2 + 30
5.1.7 Coordination of border management:
convening of joint meeting of the Joint Border Commission, Joint Political and Security Mechanism, Joint High-level Committee, Governors Forum, Abyei Joint Oversight Committee etc. (art. 21) - Timing: First meeting: between D-Day + 60 and D-Day + 90

Page 10, 5. Agreement on border issues (including demarcation)
5.2 Boundary demarcation process
5.2.5 Development of demarcation plan (art. 10.1) - Timing: 5.2.2 + 21
Remarks: Parties may seek advice from African Union representatives or any other source. Security elements of plan will require some participation of representatives of Joint Political and Security Mechanism in the planning

Page 11, 5. Agreement on border issues (including demarcation)
5.3 Security for demarcation process
5.3.2 Arrangement of security for demarcation (art. 13.2) - Timing: During demarcation
Remarks: Security arrangements and implementation must accord with 5.3.1 and be carried out in consultation with the Joint Demarcation Committee and Joint Technical Team
Ceasefire

No specific mention.

Police
Page 7, 3. Agreement on temporary arrangements for administration and security of the Abyei Area
3.3 Constitute Abyei Police Service (arts. 25 and 26) - Timing: D-Day + 30
Remarks: UNISFA proposal shared with the parties. Each State to bring to Abyei Joint Oversight Committee its proposals for the composition of the Abyei Police Service, including a Migrations Unit, for discussion. Police technical teams of the two States to complete their preparatory work by 30 March 2013
Armed forces

No specific mention.

DDR

No specific mention.

Intelligence services

No specific mention.

Parastatal/rebel and opposition group forces

No specific mention.

Withdrawal of foreign forces

No specific mention.

Corruption

No specific mention.

Crime/organised crime

No specific mention.

Drugs

No specific mention.

Terrorism

No specific mention.


Transitional justice

Transitional justice general

No specific mention.

Amnesty/pardon

No specific mention.

Courts

No specific mention.

Mechanism

No specific mention.

Prisoner release

No specific mention.

Vetting

No specific mention.

Victims

No specific mention.

Missing persons

No specific mention.

Reparations

No specific mention.

Reconciliation

No specific mention.


Implementation

UN signatory
No signature - however agreement is attached to 'Letter dated 15 March 2013 from the Secretary-General addressed to the President of the Security Council', signed by UNSG.
Other international signatory
Witnessed by: Thabo Mvuyelwa Mbeki, Chairperson, African Union High-level Implementation Panel for Sudan and South Sudan, On behalf of the African Union High-level Implementation Panel
Referendum for agreement

No specific mention.

International mission/force/similar
Page 4, 2 Agreements on security arrangements (The agreement on Modalities for the Implementation of the Security Arrangements Agreement between the Sudan and South Sudan adopted by the Joint Political and Security Mechanism on 8 March 2013 is the reference document for the timelines below)
2.1 Immediate and unconditional withdrawal of forces to their side of the safe demilitarized border zone (art. 1)
2.1.5 United Nations Interim Security Force for Abyei (UNISFA) Force Commander to report to the Joint Political and Security Mechanism on withdrawal - Timing: D-Day + 14

Page 7, 3. Agreement on temporary arrangements for administration and security of the Abyei Area
3.3 Constitute Abyei Police Service (arts. 25 and 26) - Timing: D-Day + 30
Remarks: UNISFA proposal shared with the parties. Each State to bring to Abyei Joint Oversight Committee its proposals for the composition of the Abyei Police Service, including a Migrations Unit, for discussion. Police technical teams of the two States to complete their preparatory work by 30 March 2013
Enforcement mechanism
Page 3, 1. Cooperation Agreement
1.5 Development of modalities for implementing and monitoring all the agreements (art. 4.3)
Timing: D-Day + 14
Remarks: During this period, the Legal Cluster will meet to discuss proposal of AUHIP and present outcome to Lead Negotiation Panel for consideration
Related cases

No specific mention.

Source
Peacemaker.un.org,. 2015. 'UN Peacemaker'. http://peacemaker.un.org.

Adoption of the implementation matrix by the Sudan and South Sudan

1. The parties have adopted the attached integrated matrix to facilitate the coordinated implementation of their commitments as reflected in the agreements referred to in the cooperation agreement of 27 September 2012.

2. In particular, the parties shall be guided by the principle of good faith and the principles set forth in the preamble to the cooperation agreement.

3. This matrix shall be an integral part of the cooperation agreement.

Done in Addis Ababa, this 12th day of March 2013.

(Signed) Idris Mohamed Abdel Gader On behalf of the Government of the Republic of the Sudan

Witnessed by

(Signed) Pagan Amum Okiech On behalf of the Government of the Republic of South Sudan

(Signed) Thabo Mvuyelwa Mbeki

Chairperson

African Union High-level Implementation Panel for Sudan and South Sudan On behalf of the African Union High-level Implementation Panel

S/2013/168

13-26725

3

Implementation matrix for agreements between the Sudan and South Sudan

Number Obligation

Timing

(D-Day = 10 March 2013)

Responsible

Remarks

1 Cooperation agreement

1.1 Full implementation of previous agreements relating to common security, including Abyei Temporary Arrangements (art.

2.2)

Immediately

The Sudan and South Sudan

See below (sects.

2 and 3)

1.2 Ratification of the cooperation agreement by the two National

Within 40 days of signing

South Sudan and the Sudan

Both States have fulfilled this obligation

Assemblies (art.

3.2)

1.3 Completion of negotiation on disputed and claimed border areas (art.

4.1)

See below (sect.

5.4) Date to be agreed

See below (sect.

5.4) The Presidents

See below (sect.

5.4)

1.4 Determination of the final status of Abyei and consideration of formation of the Abyei Referendum Commission (art.

4.2)

To be dealt with at the level of the Presidents

1.5 Development of modalities for implementing and monitoring all the

D-Day + 14

South Sudan and the Sudan, through Legal Cluster and Lead Negotiation Panel with African Union High-level Implementation Panel (AUHIP) facilitation

During this period, the Legal Cluster will meet to discuss proposal of AUHIP and present outcome to Lead Negotiation Panel for consideration

agreements (art.

4.3)

1.6 Establishment of mechanisms and frameworks for cooperation (art.

5.1)

D-Day + 21

The Sudan and South Sudan

Legal Cluster will make proposals at the same time as the activity in 1.5.

Mechanisms to include summits and ministerial/technical meetings

1.7 Establish viable dispute resolution mechanisms (art.

5.2)

D-Day + 21

South Sudan and the Sudan

Legal Cluster will make appropriate proposals taking into account the particular provisions of each agreement, including the oil agreement

S/2013/168

4

13-26725

Timing

Number Obligation (D-Day = 10 March 2013) Responsible Remarks

2 Agreements on security arrangements

(The agreement on Modalities for the Implementation of the Security Arrangements Agreement between the Sudan and South Sudan adopted by the Joint Political and Security Mechanism on 8 March 2013 is the reference document for the timelines below)

2.1 Immediate and unconditional withdrawal of forces to their side of the safe demilitarized border zone (art.

1)

2.1.1 Immediate orders issued

D-Day + 4 D-Day + 4 D-Day + 4

South Sudan and the Sudan

2.1.2 Start of withdrawal

South Sudan and the Sudan

2.1.3 Joint Border Verification and Monitoring Mechanism to receive update from

South Sudan and the Sudan

parties and report to parties 2.1.4 Completion of withdrawal

D-Day + 7 D-Day + 14 D-Day + 14

South Sudan and the Sudan

2.1.4.1 Completion of withdrawal in the 14-mile area

2.1.5 United Nations Interim Security Force for Abyei (UNISFA) Force Commander to report to the Joint Political and Security Mechanism on withdrawal

UNISFA Force Commander

2.2 Operationalization of the Joint Border Verification and Monitoring Mechanism (art.

2)

2.2.1 Start of operationalization of the Mechanism

D-Day The Sudan, South Sudan, UNISFA

Governments of the Sudan and South Sudan agreed to the requirement of force protection battalion of 860 personnel.

Parties agreed that the Mechanism will have final strength of 90 monitors each (Joint Political and Security Mechanism decisions

18 September 2011, Security Council resolution 2024 (2011)).

They will initially deploy 70 monitors and build up this strength progressively as per progress of operationalization

S/2013/168

13-26725

5

Number Obligation

Timing

(D-Day = 10 March 2013)

Responsible

Remarks

2.2.2 Allocation of land for Joint Border Verification and Monitoring Mechanism Sector Headquarters in GokMachar

D-Day + 16 D-Day + 46

South Sudan

2.2.3 Initial operating capacity

The Sudan, South Sudan, UNISFA

Temporary Headquarters to be in Kadugli

2.2.4 Provision of land at Malakal and Buram for Sector Headquarters

D-Day + 30 D-Day + 60 D-Day + 90

South Sudan, the Sudan

2.2.5 Force generation for full operating capacity

The Sudan, South Sudan, UNISFA

2.2.6 Full operating capacity

The Sudan, South Sudan, UNISFA

Permanent Headquarters to be in Abyei

2.3 Operationalization of the safe demilitarized border zone (art.

2)

2.3.1 Start redeployment of forces from safe demilitarized border zone

D-Day + 7 D-Day + 26 D-Day + 33

South Sudan, the Sudan

2.3.2 Completion of redeployment of forces

South Sudan, the Sudan

2.3.3 Joint Border Verification and Monitoring Mechanism reports on

Joint Border Verification and Monitoring Mechanism

completion of redeployment

2.4 Activation of the Ad Hoc Committee (art.

4)

2.4.1 Activation of the Ad Hoc Committee D-Day + 7

South Sudan, the Sudan and UNISFA

Sector Headquarters in Kadugli and GokMachar

New sector Headquarters sites for full operating capacity are Malakal in South Sudan and Buram in the Sudan

S/2013/168

6

13-26725

Number Obligation

Timing

(D-Day = 10 March 2013)

Responsible

Remarks

2.4.2 Activation of the Ad Hoc Committee of the Joint Border Verification and

D-Day + 44

South Sudan, the Sudan and UNISFA

Monitoring Mechanism Sector Headquarters (in the 14-mile sector of the Mechanism) within 30 days (art.

3)

2.5 Opening of 10 border-crossing corridors (art.

5)

Immediate establishment of national technical border corridor committee in each country and preparation for Joint Technical Border Corridor Committee

D-Day + 7

The Sudan, South Sudan

2.5.1 Meeting of the Joint Technical Border Corridor Committee

D-Day + 7 D-Day + 60

The Sudan, South Sudan

Note remarks in 5.1.1;

requires coordination with Joint Border Committee

2.5.2 Establishment of necessary office and foundations

The Sudan, South Sudan

The Joint Technical Border Corridor Committee is to sit with other ministries and concerned organs to complete work on their reports to the Joint Political and Security Mechanism Co-Chairs prior to the end of January

2.5.3 Joint visit from both sides to the crossing corridors to review completion and readiness

D-Day + 70

The Sudan, South Sudan

3 Agreement on temporary arrangements for administration and security of the Abyei Area

3.1 Constitute Abyei Area Administration (art.

5)

D-Day + 7

The Sudan, South Sudan, Abyei Joint Oversight Committee

Heads of departments have been agreed

Abyei Joint Oversight Committee to constitute the Abyei Area Administration

S/2013/168

13-26725

7

Number Obligation

Timing

(D-Day = 10 March 2013)

Responsible

Remarks

3.2 Constitute Abyei Area Council (art.

8)

D-Day + 7

The Sudan, South Sudan, Abyei Joint Oversight Committee

The Abyei Joint Oversight Committee Co-Chairs agreed that the Sudan nomination for Chairperson of the Council adopted at the 8th Abyei Joint Oversight Committee meeting shall remain the same and can become effective only when the matter of Abyei Area Council membership has been resolved

3.3 Constitute Abyei Police Service (arts.

25 and 26)

D-Day + 30

Abyei Joint Oversight Committee

UNISFA proposal shared with the parties.

Each State to bring to Abyei Joint Oversight Committee its proposals for the composition of the Abyei Police Service, including a Migrations Unit, for discussion.

Police technical teams of the two States to complete their preparatory work by

4 Framework agreement on the status of nationals of the other State

4.1 Establishment of the Joint High-level Committee (art.

1.1)

D-Day + 7 D-Day + 14

The Sudan and South Sudan

During this period, names of nominees to the Committee are to be exchanged

4.2 First meeting of the Committee (art.

1.3)

AUHIP

AUHIP to convene meeting in Juba/Khartoum;

may amend the proposed agenda submitted in March 2012 in consultation with the parties

• Agreement on the composition of the Council.

The Committee has sent the matter to the Presidents for guidance

• The Committee is to constitute the Abyei Area Council in accordance with the guidance from the Presidents

30 March 2013

S/2013/168

8

13-26725

Number Obligation

Timing

(D-Day = 10 March 2013)

Responsible

Remarks

4.3 Confirmation of composition of the Committee (art.

4.3)

During 4.2

The Sudan and South Sudan

The parties have agreed to confirm the membership and number of the Joint High-level Committee at its first meeting

4.4 Accelerate cooperation to provide nationals with identity and other

After 4.2 4.2 + 60

The Sudan with South Sudan

Cooperation to be overseen by the Joint High-level Committee

relevant documents (art.

2.1)

4.5 Elaboration of Four Freedoms agreement (art.

4.3)

The Sudan and South Sudan with AUHIP facilitation

Elaborated Four Freedoms text, prepared by AUHIP, already circulated to the parties.

An annotated version to be prepared and circulated to the parties by the first Joint High-level Committee meeting.

Issue will require further consideration by the Committee

4.6 Appeal for support for documentation, if necessary (art.

2.2)

After 4.4

Joint High-level Committee and AUHIP

The requirement for support will depend on the needs assessed by the Committee.

The two States may jointly appeal for technical support through the AUHIP for their cooperative efforts.

This is without prejudice to each State’s right to solicit assistance for its own activities

5 Agreement on border issues (including demarcation) 5.1 Border management

5.1.1 Maintenance of soft border (art.

2), and facilitation of movement of people,

D-Day onwards

The Sudan and South Sudan

Principle of the soft border should inform specific policies and should be adopted by joint security, nationals and economic bodies.

Implementation will require coordination across several areas to be identified within the Joint Border Commission.

Liaison is required between the Commission and the Joint Political and Security Mechanism on opening of border crossings

goods and services

S/2013/168

13-26725

9

Number Obligation

Timing

(D-Day = 10 March 2013)

Responsible

Remarks

5.1.2 Establishment of Joint Border Commission (art.

17.1) and

D-Day + 14

South Sudan Sudan

and the

Five representatives and Co-chair (ministerial level) from each State have already been nominated.

First meeting to be held during this period.

Parties may wish to convene first Joint Border Commission meeting prior to Joint Demarcation Committee

subcommittees (art.

19)

5.1.3 Establishment of fund to facilitate Joint Border Commission activities (art.

28)

5.1.2 (establishment of Joint Border Commission) + 21

South Sudan Sudan

and the

Equal contributions from each party to be agreed at first meeting.

Parties may seek additional funds from third parties

5.1.4 Elaboration of Integrated Border Management Approach and relevant

5.1.2 + 30

Joint Border Commission

Ongoing process.

Internal consultations required per principles of the agreement on border issues.

Potential to work with African Union Border Programme to elaborate an Integrated Border Management Approach

policies (arts.

3, 4, 18 (2) (a)), including facilitation of cross-border trade and investment promotion

5.1.5 Management of transhumance:

development of policy and regulations

5.1.2 + 30

Joint Border Commission

Ongoing process.

Consultations required with all relevant bodies including trade and security committees and bodies

for resource management (part VII)

5.1.6 Convening of Border Governors Forum (art.

23) and subsequent coordination of Forum activities

D-Day + 30

The Sudan and South Sudan

The first meeting will present an opportunity to update Governors on relevant agreements and the work of committees.

This meeting should take place prior to first coordination meeting (c.f.

5.1.7)

5.1.7 Coordination of border management:

convening of joint meeting of the Joint Border Commission, Joint Political and Security Mechanism, Joint High-level Committee, Governors Forum, Abyei Joint Oversight Committee etc. (

art.

21)

At least twice a year

Joint Border Commission

First meeting may require session to familiarize participants with key principles and provisions of the agreement on border issues

First meeting:

between D-Day + 60 and D-Day + 90

(c.f.

5.2.2)

S/2013/168

10

13-26725

Number Obligation

Timing

(D-Day = 10 March 2013)

Responsible

Remarks

5.2 Boundary demarcation process

5.2.1 Establishment of Joint Demarcation Committee (art.

8.1)

D-Day + 7

Joint Border Commission

10 members, 5 from each State, including a Co-chair.

During this period names of nominees to be exchanged

5.2.2 First meeting of the Committee (art.

8.5)

D-Day + 14

Joint Demarcation Committee

Large number of issues on agenda, including escrow account (5.2.5) and question of technical support from the African Union.

Joint Demarcation Committee to reconfirm timelines from 5.2.4-5.2.7

5.2.3 Establishment of Joint Technical Team (art.

9.1)

5.2.2 (first meeting of Joint Demarcation Committee)

Joint Demarcation Committee

The Joint Technical Team is to have 80 persons, 40 from each state.

Composition to be confirmed at first meeting of the Joint Demarcation Committee.

The African Union is to provide surveyors and other technical experts to assist team

5.2.4 First meeting of the Joint Technical Team (art.

9.1)

5.2.2 + 7

Joint Technical Team

The Team will need to develop a demarcation plan, determine its operational needs and develop a programme of work

5.2.5 Development of demarcation plan (art.

10.1)

5.2.2 + 21

Joint Demarcation Committee

Parties may seek advice from African Union representatives or any other source.

Security elements of plan will require some participation of representatives of Joint Political and Security Mechanism in the planning

5.2.6 Establishment of and payment into escrow account (art.

12.3)

5.2.2 + 14

The Sudan and South Sudan

$100,000 each;

further payments following adoption of comprehensive plan.

Escrow account to be on agenda of first Joint Demarcation Committee meeting (5.2.2)

S/2013/168

13-26725

11

Number Obligation

Timing

(D-Day = 10 March 2013)

Responsible

Remarks

5.2.7 Commencement of demarcation (art.

7.2)

5.2.2 + 60

Joint Demarcation Committee

Timing contingent upon fulfilment of preceding steps (5.2.2-5.2.5)

5.3 Security for demarcation process

5.3.1 Submission of demarcation plan to the Joint Political and Security Mechanism (art.

13.1)

5.2.5 (development of demarcation plan) +

7 days

Joint Demarcation Committee

Security proposals should reflect the particular ethos and sensitivities of demarcation and should incorporate community sensitization to the process

5.3.2 Arrangement of security for demarcation (art.

13.2)

During demarcation

Joint Political and Security Mechanism

Security arrangements and implementation must accord with 5.3.1 and be carried out in consultation with the Joint Demarcation Committee and Joint Technical Team

5.3.3 Completion of demarcation (art.

7.1)

5.2.7 (commencement of demarcation

plan) + 3 months

Joint Demarcation Committee and Joint Technical Team

5.4 Process for settlement of status of the five disputed areas and claimed border areas

5.4.1 Written submissions provided to the African Union Team of Experts

D-Day + 66 D-Day + 21

The Sudan, South Sudan

5.4.2 Parties to determine, in consultation with the African Union Team of Experts, time frame for process of preparing non- binding opinion of Team on status of the 5 disputed areas

South Sudan, the Sudan

Parties to be convened by AUHIP

5.4.3 Completion of non-binding opinion of the African Union Team of Experts on

5.4.1 + 60

African Union Team of Experts

Parties have commenced cooperation with the experts in line with draft terms of reference for the African Union Team of Experts.

Timeline subject to change by parties pursuant to 5.4.2

the status of the 5 disputed areas

5.4.4 Consideration of opinion and preparation for negotiations

5.4.3 + 35

South Sudan and the Sudan

S/2013/168

12

13-26725

Number Obligation

Timing

(D-Day = 10 March 2013)

Responsible

Remarks

5.4.5 Conclusion of discussions on the

5 disputed areas (para.

3.1.1 Heads

5.4.4 + 35

Lead Negotiation Panel

Discussions shall be with the facilitation of AUHIP.

If there is no settlement within this period, the parties shall:

of State Summit Outcome document)

5.4.6 Agreement on process for settling status of claimed areas

5.4.5 + 20

The Presidents

In line with para.

3.1.1 of the

5 January 2013 Summit Outcome document (confirmed by the Summit meeting of 25 January 2013)

6 Agreement on trade and trade-related issues

6.1 Establishment of Joint Ministerial Committee on Trade Relations (art.

3.1) and preparations to establish the Joint Technical Committee on Trade Relations

D-Day + 5

The Sudan and South Sudan

Goal is to agree trade policy and framework of cooperation between the parties, including both existing and future agreements that would enhance and facilitate trade.

The parties may request assistance from the African Development Bank (AfDB), which provided them with a consultant at earlier stages, as well as the Common Market for Eastern and Southern Africa (COMESA) and other regional organizations

6.2 First meeting of Joint Ministerial Committee on Trade Relations (art.

3.2)

D-Day + 20

Joint Ministerial Committee on Trade Relations

• Extend the period for discussion, or

• Refer the matter to arbitration, or

• Refer the matter to any other binding settlement process

S/2013/168

13-26725

13

Number Obligation

Timing

(D-Day = 10 March 2013)

Responsible

Remarks

6.3 Establishment of Joint Technical Committee on Trade Relations (art.

5.1)

D-Day + 20 D-Day + 95

Joint Ministerial Committee on Trade Relations

6.4 Preparation of draft agreement on customs (art.

4.3)

Joint Ministerial Committee on Trade Relations

Consider adopting terms no less favourable than those among the member States of COMESA.

May seek assistance from African Development Bank or COMESA

6.5 Establishment of mechanisms for data-sharing (art.

7)

D-Day + 40

South Sudan and the Sudan

7 Agreement on a framework for cooperation on central banking issues

7.1 Establishment of Joint Central Banks Committee (art.

1.1)

D-Day + 5 D-Day + 20

The Sudan and South Sudan

Committee should support financial stability and sound banking practices, including systems for facilitation of payments and financial transactions.

It would be most appropriate for this Committee and the trade-related committee to arrange a joint meeting on issues of mutual relevance.

As also envisaged in the borders agreement, it might also be useful to include a “soft border” element in such a meeting.

One or all multilateral development banks can be requested to provide assistance (see 5.1.1 and 5.1.7 above)

7.2 First meeting of the Committee (art.

1.2)

Joint Central Banks Committee

7.3 Consider mechanisms to give effect to articles 3.1 and 3.4 of the Agreement for Cooperation on Central Banking Issues

To be determined by the Joint Central Banks Committee

Bank of South Sudan and Central Bank of Sudan

See also items 7.1 and 9.3

7.4 Facilitation of reconciliation of the inter-bank accounts (art.

3.5)

D-Day + 40

Bank of South Sudan and Central Bank of Sudan

S/2013/168

14

13-26725

Timing

Number Obligation (D-Day = 10 March 2013) Responsible

Remarks

8 Framework agreement to facilitate payment of post-service benefits

8.1 Payment by the Sudan of all post-service benefits and arrears due,

Immediate Existing/continuing obligation

The Sudan

In accordance with applicable laws

including to South Sudan citizens (art.

2.1)

8.2 Payment by South Sudan of all post-service benefits and arrears due,

Immediate Existing/continuing obligation

South Sudan

In accordance with applicable laws

including to Sudan citizens (art.

2.2)

8.3 Establishment of Joint Ministerial Committee on Pensions (art.

3.1)

D-Day + 5

The Sudan and South Sudan

Committee should be established at the earliest convenience to deal with this critical issue.

Both parties were anxious to move even before ratification of agreement since there is ongoing communication between the pension agencies of the parties

8.4 First meeting of the Joint Ministerial Committee on Pensions (arts.

3.2, 4.2)

D-Day + 20

Joint Ministerial Committee on Pensions

May request support from or refer disputes to the International Labour Organization or other relevant organization as agreed

8.5 Establishment of Joint Technical Committee on Pensions (art.

5.1)

D-Day + 30 D-Day + 45

Joint Ministerial Committee on Pensions

Critical actions include identification of eligible beneficiaries and calculation of benefits

8.6 First meeting of the Joint Technical Committee on Pensions (art.

5.4)

Joint Technical Committee on Pensions

It is important for this Committee to begin its work as soon as possible in the light of outstanding arrears to eligible pensioners

8.7 Completion of Joint Technical Committee on Pensions tasks in

D-Day + 395

Joint Ministerial Committee on Pensions

accordance with its mandate including reconciliation of any incomplete files (arts.

4.8, 6)

D-Day + 75 for reconciliation of files

S/2013/168

13-26725

15

Number Obligation

Timing

(D-Day = 10 March 2013)

Responsible

Remarks

8.8 Establishment of mechanisms for data- sharing (art.

7)

D-Day + 100

South Sudan and the Sudan

This is a key element in the work of the Committees.

A suitable protocol for sharing of information should be developed as soon as possible

9 Agreement on certain economic matters:

division of assets and liabilities, arrears and claims and joint approach to the international community

9.1 The Sudan to provide South Sudan any part of an archive which is required for the normal administration of the territory of South Sudan or which relates directly to the territory of South Sudan;

the best available evidence from its State archives, including maps and other documents, relating to title to the territory of South Sudan and its boundaries;

and such other information as is necessary to clarify the meaning of archives that pass to South Sudan

D-Day + 120

The Sudan

While timing is not specified, appropriate modalities are required between archives organizations of the parties as specified below

(arts.

4.2.1-4.2.2)

9.2 Establishment of Joint Archives and Cultural Heritage Committee and repatriation archives and cultural property (arts.

4.2.1, 4.3.1, 4.3.5)

D-Day + 30

South Sudan and the Sudan

Considered to be ongoing ministry-to- ministry activity.

Digital copies to be made of documents referring to normal administration.

Explanatory letters could be sent to responsible ministries by the lead negotiators

9.3 Take such actions as may be necessary, including establishment of mechanisms to assist and facilitate private claims (art.

5.1.4)

D-Day + 90

The Sudan and South Sudan

Requires appropriate coordination between the respective Ministries of Justice

Letters could be sent by the lead negotiators to responsible ministries

S/2013/168

16

13-26725

Number Obligation

Timing

(D-Day = 10 March 2013)

Responsible

Remarks

9.4 Establish a tripartite committee comprising 2 representatives each from the parties and 1 representative from AUHIP to prepare modalities for carrying out the joint approach to the international community to seek economic assistance, including debt relief (arts.

3.1, 6)

D-Day + 7

The Sudan, South Sudan, AUHIP

9.5 AUHIP to prepare and furnish to the parties initial proposals on the

D-Day +30 Ratification + 2 years

AUHIP The Sudan

modalities referred to in 9.4 above

9.6 The Sudan to take all necessary action to reach Heavily Indebted Poor

The Sudan continuation of ongoing consultations required with the International Monetary Fund, the World Bank and AfDB on progress, as well as implementation of the joint approach to the international community, as appropriate

Countries Initiative decision point (art.

3.1.4 (a))

10 Agreement concerning oil and related economic matters

10.1 The Sudan to sell oil on-board tanker Isis and transfer proceeds to South

Not applicable Not applicable D-Day +14

The Sudan The Sudan South Sudan

Completed

Sudan (art.

13.1)

10.2 The Sudan to direct funds deposited at High Court in London related to vessel RatnaShradha (art.

13.2)

Completed

10.3 South Sudan to instruct oil companies to re-establish oil production (art.

15.1)

Resumption of production shall take place as soon as technically feasible.

The parties have the responsibility to see to it that the relevant operators will plan and conduct the actual start-up in a technically and environmentally sound manner and in accordance with international best practices (art.

15.1)

S/2013/168

13-26725

17

Number Obligation

Timing

(D-Day = 10 March 2013)

Responsible

Remarks

10.4 The Sudan to instruct oil companies to re-establish oil processing and

D-Day + 14

The Sudan

Resumption of processing and transportation shall take place as soon as technically feasible.

The parties have the responsibility to see to it that the relevant operators will plan and conduct the actual start-up in a technically and environmentally sound manner and in accordance with international best practices (art.

15.2)

transportation (art.

15.2)

10.5 Review of existing metering system (art.

7.1)

Prior to resumption of production

The Sudan and South Sudan, relevant operating companies

Both parties have conducted the review within their respective territories.

The parties shall jointly and together with the operating companies review and ensure that effective metering facilities necessary to carry through the payment obligations and other provisions of this agreement are installed and in operation prior to the resumption of oil production in South Sudan (art.

7.1)

10.6 Establishment of Joint Cross-Border Cooperation Committee (art.

9.1.2) and entry into agreements to facilitate movement and security of personnel

D-Day +14

South Sudan and the Sudan

To be done jointly with the operating companies

10.7 Establishment of the Petroleum Monitoring Committee (art.

10.1)

D-Day + 14

South Sudan, the Sudan, African Union

It is the responsibility of the African Union Commission to appoint an international Chairperson for the committee after consultation with both parties.

Both parties have submitted observations on their preferred candidates to AUHIP.

Both Governments have already appointed their members to the Petroleum Monitoring Committee

D-Day + 60 for agreements

S/2013/168

18

13-26725

Number Obligation

Timing

(D-Day = 10 March 2013)

Responsible

Remarks

10.8 Conclusion of processing agreements (art.

3.3 (a))

D-Day + 150 D-Day + 150 D-Day + 150

South Sudan, the Sudan

Processing agreements between South Sudan and the Sudan

10.9 Conclusion of transportation agreements (art.

3.3 (b))

South Sudan, the Sudan

Transportation agreements between South Sudan and the Sudan

10.10 Development of quality adjustment procedures for the Greater Nile Petroleum Operating Company

The Sudan and South Sudan, relevant operating companies

To be signed by the parties and operating companies.

If not completed within this deadline, the Petroleum Monitoring Committee shall appoint a technical expert to assist in the development of such procedures

transportation system (art.

8.1)

10.11 The parties to discuss the Sudapet issue with the aim of reaching an agreement

D-Day+5to D-Day + 65

The Sudan and South Sudan

(art.

14)

10.12 Establish a joint committee that will be responsible for developing proposals for a resolution to the Sudapet issue for consideration by the parties

D-Day + 7

The Sudan and South Sudan

10.13 The parties will jointly inform the International Centre for Settlement of

D-Day + 10

The Sudan and South Sudan

Investment Disputes of the above decisions and indicate their agreement to suspend the arbitration process for a period of 60 days

10.14 Transfer of data from the Sudan to South Sudan (art.

17)

D-Day + 150 D-Day + 60

The Sudan The Sudan

10.15 Agreements for payment by the Sudan to operating companies for processing

and transportation (art.

6.1.7)

10.16 Review of the need for additional metering facilities (art.

7.2)

D-Day + 150

South Sudan and the Sudan, relevant operating companies

S/2013/168

13-26725

19

Number Obligation

Timing

(D-Day = 10 March 2013)

Responsible

Remarks

10.17 Establishment of two subcommittees of the Petroleum Monitoring Committee

D-Day + 60

Petroleum Monitoring Committee

The technical and financial subcommittees shall monitor oil operations and review all monthly reports, and should be operational as soon as possible after resumption of oil production

(art.

10.4)

10.18 Either party may exercise option to nominate representatives (observers) to be located at facilities within the territory of the other State (art.

11)

Any time during the duration of the Agreement

South Sudan and the Sudan

It is the decision of each party if and when it wants to nominate its representatives.

Responses to nominations should be received within 30 days.

The Petroleum Monitoring Committee should ensure that a party does not unreasonably withhold the approval of the other party’s representatives

10.19 Adoption of detailed agreements (art.

20)

D-Day + 150

The Sudan and South Sudan

Refer to separate list

10.20 Payment of TFA (arts.

4.4, 5.2)

Within 40 days from date of bill of lading

South Sudan