About Sanctions & Export Controls Law in Israel
Sanctions and export controls law in Israel governs the transfer, export, and trade of goods, technology, and services that might be subject to international restrictions or pose risks to national security. These laws regulate the flow of military, dual-use, and sensitive items to foreign destinations or entities. They also encompass legal obligations concerning United Nations Security Council resolutions, embargoes imposed by various countries, and Israel's own national security priorities. Businesses and individuals involved in international trade or cross-border technology transfers need to closely monitor these regulations to avoid inadvertent violations, which may result in significant penalties or criminal charges.
Why You May Need a Lawyer
There are several situations where legal assistance from a specialist in sanctions and export controls is crucial:
- If your business exports goods, software, or technology abroad and you are unsure if these items are subject to special permits or restrictions
- If you have received notice from the authorities about a potential investigation or enforcement action related to export control violations
- If you are considering business activities with countries or individuals that may be under international or Israeli sanctions
- If you need to conduct due diligence on your supply chain or customers to ensure compliance with existing sanctions regimes
- If you are involved in research or technology development that has both civilian and military applications (dual-use)
- If you wish to apply for an export license or appeal a license denial
- If your company is involved in mergers, acquisitions, or joint ventures with foreign entities where export controls could affect the transaction
An experienced lawyer can help you navigate these complexities, avoid costly errors, and develop robust compliance solutions tailored to your business needs.
Local Laws Overview
Israel’s sanctions and export controls framework is governed by a combination of national and international laws. Some of the key Israeli legislation includes the Defense Export Control Law 5766-2007, the Trade with the Enemy Ordinance 1939, and the implementation of United Nations Security Council resolutions. The Ministry of Defense, through the Defense Export Control Agency (DECA), is the primary regulatory body overseeing the export of defense equipment and dual-use items. The Ministry of Economy and Industry also plays a significant role in supervising civilian exports.
Israeli law requires exporters to obtain appropriate licenses before exporting military, dual-use, or controlled items. Exporters are also obligated to ensure that their transactions do not violate embargoes, sanctions, or international obligations Israel has undertaken. Violations can lead to severe administrative, civil, or criminal penalties, including imprisonment and substantial fines.
It is important to note that Israel is attentive to both United States and European Union export control regimes, as these often impact Israeli companies operating globally or using foreign-origin technology.
Frequently Asked Questions
What are export controls?
Export controls are laws and regulations that restrict the export of certain goods, technology, and services for reasons related to national security, foreign policy, or international agreements.
Who enforces export controls in Israel?
The Defense Export Control Agency (DECA) under the Ministry of Defense enforces regulations on defense and dual-use exports. The Ministry of Economy and Industry supervises civilian exports, and other governmental bodies may be involved in specific sanctions implementation.
What is considered a dual-use item?
A dual-use item is any product, software, or technology that can be used for both civilian and military applications. Examples include certain chemicals, electronics, and encryption software.
Do I need a license to export goods from Israel?
If your goods, software, or technology are listed as controlled items or are intended for use in sensitive sectors or destinations, you are required to obtain an export license from the relevant authority before exporting.
Which countries are subject to Israeli sanctions?
Israel maintains specific restrictions on trade with certain countries, including those defined as enemy states and any nation under embargo or sanction as per international commitments. The list may change depending on political developments and international obligations.
What penalties exist for violating export controls or sanctions?
Penalties may include heavy fines, imprisonment, revocation of export licenses, and reputational harm to offending companies or individuals.
How can I find out if my product is controlled?
You can consult the Israeli Ministry of Defense’s list of controlled military and dual-use items, review the applicable regulations, or seek legal advice for item classification.
Is compliance with US or EU sanctions required for Israeli companies?
Israeli companies that operate internationally, especially those using US-origin or EU-origin technology, or dealing with US or EU entities, often must comply with applicable foreign sanctions in addition to Israeli regulations.
What should I do if my company is contacted by authorities regarding a possible violation?
You should contact a lawyer experienced in sanctions and export controls immediately. Cooperation with authorities and protecting your legal interests is crucial in these situations.
How can a lawyer help with export controls compliance?
A lawyer can assist in risk assessment, review your transactions, prepare internal compliance programs, classify products, apply for licenses, handle investigations, and represent you before regulatory agencies or courts.
Additional Resources
Consider reaching out to or reviewing resources from the following organizations and governmental bodies:
- Defense Export Control Agency (DECA) - Ministry of Defense
- Ministry of Economy and Industry Israel - Foreign Trade Administration
- Israel Export Institute
- Government Procurement Administration (for government-related exports)
- Chamber of Commerce and relevant industry associations
These agencies provide information, guidelines, licensing procedures, and updates on sanctions or export controls applicable in Israel.
Next Steps
If you believe your business or activities might be affected by sanctions or export controls, it is important to take the following steps:
- Conduct an internal review of your goods, technology, and export destinations to assess sensitivity
- Consult with a lawyer specialized in Israeli sanctions and export controls law for tailored advice
- Develop and implement robust compliance policies within your organization
- Stay updated with changes in relevant laws and international obligations
- In the event of an investigation or query from authorities, seek immediate legal counsel before responding
Timely legal guidance can help you avoid costly errors, protect your interests, and foster international business while remaining compliant with all applicable laws.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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