On May 1 and 16, 2003, during discussions of Israel’s reservations in respect to the Road Map initiative, it was agreed that there will be no construction at Jewish communities in Judea, Samaria, and Gaza, with the exception of existing communities. These words were uttered, agreed upon, and documented in the records of the talks kept at the Prime Minister’s Office. I’m sure that an efficient search will reveal the parallel American records. This is how most day-to-day diplomatic activity takes place: Talks between the authorized representatives of states, followed by a verbal agreement recorded in real-time by one or several of those present, and the documentation that reflects the agreements. Regular diplomatic contacts and the understandings reached through them only rarely result in a detailed contract that includes an introduction as well as numbered clauses and paragraphs. And this is precisely how the above-mentioned agreement was secured, as an exception to the general construction freeze decree in the Road Map. The agreement was brought to the public’s attention in Israel and abroad on December 18, 2003. In the “Herzliya speech,” which for the first time presented the Gaza disengagement plan, Prime Minister Ariel Sharon detailed the substance of the agreement that is now shrouded in controversy. This is what he said at the time: “Israel will deliver on all its obligations, including on the matter of settlement construction. There will be no construction beyond the existing construction lines. There will be no land confiscations meant for construction, no special economic incentives, and there is no construction of special settlements.”

