NCP-SPLM Preparations for the Trilateral Talks: Agreement Options 19 July 09

1. NCP-SPLM Preparations • for the • Trilateral Talks: • Agreement Options • 19 July 09

2. Abyei • Points of Agreement: • The parties agree to immediately implement the Abyei Tribunal decision as final and binding and to demarcate the Abyei boundary as per the Tribunal decision • The parties agree to fully implement the Abyei Protocol, including international monitoring and wealth sharing arrangements • The parties agree to develop a plan with assistance from US to facilitate dissemination of the arbitration decision at the local level in anticipation of the decision • The parties will use all existing capabilities to prevent violence, enhance security, and consolidate peace, including: • Ensure UNMIS is at full strength and ready to fulfill its mandate • Hold a meeting by the leadership of both parties in Abyei area to establish local conflict mitigation processes or mechanisms • Pull back SAF and SPLA forces and contain possible spoilers

3. Census Results • Points of Agreement: • The parties agree to allow the United States to facilitate negotiations on the number of seats for Northern and Southern Sudan, with census results used to allocate constituencies within Northern and Southern Sudan • The parties agree that the representation of Southern Sudan in the national civil service shall be as provided for in the CPA • Allocation of positions in the National Executive being determined using the power-sharing percentages in the CPA (reversing the percentages in the case of an SPLM presidency) • The parties agree that the results from the long questionnaire could be used for socio-economic planning and indicators for the Millennium Development Goals • Census results not being used to change current wealth-sharing arrangements, including adjustments for development needs required by the CPA

4. Border Demarcation • Points of Agreement: • The parties agree that the North-South boundary line shall be as it stood on the 1/1/1956 subject to the outcome of Abyei Referendum • The United States will provide a technical assistance to advise and expedite the work of the North-South Ad-Hoc Border Committee and accelerate the final and binding border demarcation process • The parties agree to direct the Border Committee, as directed by the Presidency, to continue delimiting undisputed areas and to be finalized no later than September 30, 2009 • The parties agree to request the United States and/or others to facilitate resolution of any disputed areas between the parties

5. Security • Points of Agreement: • The Government of National Unity shall immediately avail resources for the Joint Integrated Unites (JIUs) as per the budget approved by the Joint Defense Board (JDB) for maintenance, accommodation, screening, training, and equipment as called for in the CPA • The United States will work with the two parties to review the current status of the JIUs in terms of composition, training, screening, and scope of operations within the current mandate of the JIUs and undertake to mobilize international support for the JIUs to be completed by September 30, 2009 • The parties agree to present the recommendations of the review to the JDB for approval and implementation

6. Security (cont’d) • Without prejudice to the reports of the OAGCC, the parties agree to request the CJMC to verify the presence and movement of OAGs and work with both parties to enhance the DDR process for those groups • The United States will support the parties and the CPC to fulfill the verification request • The parties agree that the CJMC can visit any suspected camps within the ceasefire zone • As a confidence building measure, the parties agree to form an ad hoc committee, with the support of the United States, to address the status of other armed groups in the country with the view of achieving comprehensive peace and stability in the country and to realize full inclusiveness in the transition process • This includes visiting any suspected camps outside the ceasefire zone • The parties agree that the United States to mobilize international resources and technical assistance for the DDR program in the country

7. Security (cont’d) • Without prejudice to efforts (including reports) by the CJMC, the parties agree to complete their redeployment obligations in the ceasefire zones no later than December 31, 2009 and the United States will work with both sides to identify mechanisms for civilian protection in those areas • The parties agree that the issues related to the post-redeployment shall be raised by either party to be addressed by the JDB • The parties agree to work together to ensure security and to create a conducive environment for oil development in the Sudan

8. Wealth Sharing • Points of Agreement: • The parties agree to request the IMF and with US assistance to look into the implementation of the two banking systems under one Central Bank, in accordance with the CPA, including discussion of the national reserves and management of foreign currency transfers within one national monetary policy to be concluded no later than August 15, 2009 • The parties agree that the GoNU shall transfer the full share of the GoSS’s oil revenue in a timely manner and in accordance with the provisions of the CPA • The Parties agree that the GoNU shall cease unauthorized deductions from its share of oil revenue and pay back to GoSS all such unauthorized deductions including deduction for national elections • The parties recommit themselves to the mandate of the National Petroleum Commission

9. Wealth Sharing (cont’d) • The parties agree that the National Petroleum Commission will undertake an audit of the oil sector, with US and other international technical support, to ensure transparency and accountability • The parties agree to ensure the national institutions responsible for the collection of national non-oil revenues are able to collect such revenues in Southern Sudan in accordance with the provisions of the CPA

10. Blue Nile and Southern Kordofan • Points of Agreement: • The parties agree that there is a role for both the national government and the state governments in the popular consultations • The parties agree to affirm the responsibilities of each level of government as per the CPA • The parties will determine together, with the assistance of the US within the trilateral framework, no later than July 30, 2009, if legislation is required at the national level to govern the conduct of the popular consultations • The parties reaffirm their commitment to the recommendations of the Joint Political Executive Subcommittee on the Two States, and direct this subcommittee to implement its recommendations by September 30, 2009

11. Blue Nile and Southern Kordofan (cont’d) • The parties agree that the GoNU to undertake the immediate transfer of additional funds to the two states as approved by the Presidency • Without prejudice to the Security Arrangements with respect to the level of SAF in the two states, and following the completion of redeployment, the Presidency shall determine the level of SAF forces in the two states no later than December 31, 2009

12. Elections • Points of Agreement: • The parties commit themselves to conduct free and fair general elections [in February 2010] [on the date agreed upon by the National Election Commission] • The parties agree that GoNU will provide in a timely manner the necessary resources requested by the National Election Commission for the conduct of national elections by February 2010 • The parties agree that the United States will help mobilize the international community to provide sufficient resources to fill critical financial gaps for the conduct of the national elections

13. Democratic Transformation • Points of Agreement: • The parties agree that the current national legislature will review and repeal all laws that are inconsistent with the CPA and the INC, including: • The Popular Defense Act • The Popular Police Act • The Public Order Act • The National Intelligence and Security Act • The Penal Code • The Criminal Procedure Act

14. “Making Unity Attractive” • Points of Agreement: • The parties agree to begin the national reconciliation process, as per the CPA and Presidential Decree and Directives issued on December 27, 2007 • The parties agree to work together with US assistance to solicit funding for projects that make unity attractive, including peace dividends and infrastructure development that connects the country • The parties agree to expedite the implementation of the remaining milestones in the CPA, including the 35 recommendations of the AEC mid-term evaluation report, as part of the measures for making unity attractive

15. Jurisdiction Issues • Points of Agreement: • The GNU and the GoSS will operate within their areas of competency (as outlined in the CPA) including: • Customs and duties • National tax collection • Civil aviation • Passport and immigration procedures • Telecommunications • Borders and national defense • Representation of GoSS abroad • Auditing of GoSS accounts • Participation in the Fiscal and Financial Allocation and Monitoring Committee

16. Referendum and Post-Referendum • Points of Agreement: • The parties agree that the referendum act for Southern Sudan and Abyei Area shall be passed by the current national legislature and be de-linked from substantive post-referendum arrangements before the legislative recess • The parties agree on a modality for the conduct of the Abyei Referendum and establish Abyei Referendum Commission immediately following the PCA ruling, with jurisdiction to define residency • The parties commit themselves to free and fair referenda by January 2011 and to abide by and respect the outcomes of these referenda • The parties commit themselves to work jointly on preparations for referendum and post-referendum arrangements with technical assistance from the AEC, United States, and United Nations

17. Referendum and Post-Referendum (cont’d) • The parties and United States call on the international community to respect and abide by the outcomes of the referenda • The parties and United States agree to develop a plan to facilitate dissemination of the outcomes of referenda and enhance security at the local level in anticipation of the outcomes of the referenda • The parties request international assistance with legislation and necessary resources for the conduct of the referenda, including a donors conference by January 2011

18. Darfur • Points of Agreement: • The parties agree that the conflict in Darfur is a political problem and an issue of national concern, and both have interest and role in resolving the conflict in Darfur • The parties agree that the CPA provides a framework and basis for resolving the conflict in Darfur • The parties andUnited States agree to work jointly to find a lasting peace in Darfur before the general elections, to include: • Unifying the Darfurian movements to develop common positions for the next peace talks • Working with all neighboring countries to support the peace process in Darfur and improve bilateral relations • Mobilizing the international community to support the peace process in Darfur and post-conflict reconstruction and development in Darfur