(a)The Minister of the Interior may revoke a person's Israeli citizenship if it has been proved to his satisfaction that the citizenship was acquired on the basis of false particulars, and three years have not yet elapsed from the day on which the citizenship was so acquired.
(b)The Administrative Affairs Court (in this section – the Court) may, on the application of the Minister of the Interior, revoke a person's Israeli citizenship if one of the following conditions is met:
(1)the citizenship was acquired on the basis of false particulars and at least three years have elapsed from the day on which it was so acquired;
(2)that person committed an act constituting a breach of allegiance to the State of Israel, provided that as a result of the revocation of Israeli citizenship that person shall not be left without any citizenship or permanent status in the territories of the Palestinian Authority, and if that person would be left without any citizenship or permanent status as aforesaid – a residence licence in Israel shall be granted to that person, as the Minister of the Interior shall direct; for the purposes of this paragraph, it is presumed that a person who resides permanently outside Israel, or who or someone on his behalf and with his knowledge has received from the Palestinian Authority, directly or indirectly, remuneration or reward for the breach of allegiance to the State of Israel (hereinafter – terrorism-linked funds), shall not be left without any citizenship or status as aforesaid, as the case may be; in this paragraph, "breach of allegiance to the State of Israel" means any of the following:
(a)an act of terrorism as defined in the Counter-Terrorism Law, 5776-2016 (in this Law – the Counter-Terrorism Law), assistance or incitement to such an act, or active participation in a terrorist organisation or declared terrorist organisation as defined in that Law;
(b)an act constituting treason under sections 97 to 99 of the Penal Law, 5737-1977, or aggravated espionage under section 113(b) of that Law;
(c)acquisition of citizenship or a right of permanent residence in a state or territory listed in the Schedule; for this purpose, it is presumed that a person who resides permanently in a state or territory listed in the Schedule has acquired citizenship or a right of permanent residence in that state or territory.
(b1)(1)Where all of the following conditions are met in respect of a person, the Minister of the Interior shall notify that person, within seven working days, of his intention to apply to the Court to revoke that person's Israeli citizenship:
(a)the person has been convicted of an offence and the court that convicted him determined that the offence is an act of terrorism, and if the offence was committed before the commencement of the Counter-Terrorism Law – it is an act of terrorism on the basis of the facts determined in the judgment in his matter, or the person has been convicted of an offence under sections 97 to 99 of the Penal Law, 5737-1977, and all this where a sentence of actual imprisonment was imposed on that person;
(b)it has been proved, to the satisfaction of the Minister of the Interior, after he has given that person an opportunity to present his arguments within seven working days, that that person or someone on his behalf and with his knowledge received terrorism-linked funds;
(2)the Court, on the application of the Minister of the Interior as referred to in paragraph (1), shall revoke the citizenship unless it is satisfied, for special reasons to be recorded, that revocation of the citizenship is not justified in the circumstances of the matter; the Court shall decide on the application within 30 days from the day on which it was submitted;
(3)where the Court revoked a person's citizenship as referred to in this subsection and the presumption referred to in subsection (b)(2) has not been rebutted, the person shall be removed from Israel upon completion of serving his sentence, pursuant to section 13 of the Entry into Israel Law, to the territories of the Palestinian Authority, and his entry into Israel shall no longer be permitted;
(4)the provisions of subsection (b)(2) shall apply with respect to the revocation of citizenship of a person who, as a result of the revocation, would be left without any citizenship;
(5)in this section –
"the Palestinian Authority" – as defined in the Law for the Freezing and Deduction of Funds Paid by the Palestinian Authority in Connection with Terrorism from the Funds Transferred to It from the Government of Israel, 5778-2018;
"territories of the Palestinian Authority" – the territories of the Palestinian Council as defined in section 13j of the Entry into Israel Law and the territory of the Gaza Strip.
(c)(1)An application under subsection (b)(2) shall not be submitted without the written consent of the Attorney General;
(2)An application under subsection (b1) shall not be submitted without the written consent of the Minister of Justice; if the Minister of Justice has not conveyed his consent within seven working days, he shall be deemed to have given his consent.
(d)(1)In proceedings conducted before the Court under this section, the hearing shall take place in the presence of the citizen whose matter is being considered, unless notice of the hearing has been served on that person in accordance with provisions prescribed by the Minister of Justice, with the approval of the Interior and Environmental Protection Committee of the Knesset, and that person did not appear at the appointed time, and the Court considered that holding the hearing in that person's absence would not constitute a miscarriage of justice;
(2)Notwithstanding the provisions of paragraph (1), the Court may, on the application of the Minister of the Interior, direct that the hearing take place in the absence of the citizen whose matter is being considered, if that person cannot be located or if notice as referred to in paragraph (1) cannot be served on that person, provided that substituted service has been effected in accordance with provisions prescribed by the Minister of Justice, with the approval of the Interior and Environmental Protection Committee of the Knesset;
(3)Where the citizen referred to in paragraph (2) is outside Israel, the Court may, on that person's application, direct that that person participate in the hearing before the Court by means of a video conference to be held at one of Israel's representations abroad where video conferencing can be conducted; for this purpose, "video conference" means communication between two focal points enabling the transmission of image and sound in real time;
(4)Where the Court has directed under paragraph (2) that the hearing on the application take place in the absence of the citizen whose matter is being considered, the Court shall appoint a lawyer under the Legal Aid Law, 5732-1972, for the purpose of representing the citizen's interests and rights in the proceedings, unless the Court considered that the non-appointment of a lawyer as aforesaid would not constitute a miscarriage of justice; nothing in the provisions of this paragraph shall derogate from the right of the citizen whose matter is being considered to appoint a lawyer to represent that person in the hearing on the application;
(5)For the purposes of this Law, a hearing in which a person participated by means of a video conference as defined in paragraph (3) shall be regarded as a hearing held in that person's presence.
(d1)(1)Where an application has been submitted under subsection (b)(2) to revoke the citizenship of a person who resides permanently outside Israel, the Court may, on the application of the Minister of the Interior, direct that that person shall not be permitted to enter Israel, if it is satisfied that that person's entry into Israel poses a real danger to the security of the State or to public safety and that there is no other way to prevent the danger; however, the Court shall not so direct if it considered that considerations of doing justice outweigh the danger posed by that person's entry into Israel; where the Court so directs, the hearing shall take place in the absence of the citizen, however this shall not derogate from the right of the citizen whose matter is being considered to appoint a lawyer to represent that person in the hearing on the application;
(2)A direction under paragraph (1) shall be for a period not exceeding three months or until a decision is given on the application for revocation of citizenship, whichever is earlier; however, the Court may, on the application of the Minister of the Interior and where the conditions referred to in that paragraph are met, extend the said period for one or more periods, which shall not cumulatively exceed three months.
(d2)Where the Minister of the Interior has notified the Court that he is considering submitting an application under subsection (b)(2) to revoke the citizenship of a person who resides permanently outside Israel, and that person's entry into Israel poses a real danger to the security of the State or to public safety, the Court may, on the application of the Minister of the Interior, direct that that person shall not be permitted to enter Israel until the application for revocation of citizenship is submitted, if there is no other way to prevent the danger, provided that the application for revocation of citizenship is submitted within 15 days from the day of the Minister of the Interior's notice as aforesaid; the Court may, on the application of the Minister of the Interior, extend the said time limit.
(d3)(1)Where the Court has revoked a person's citizenship in that person's absence and in the absence of a lawyer appointed by that person to represent that person, as referred to in subsections (d)(1) or (2) or (d1), the citizen whose citizenship has been revoked (hereinafter – the applicant) may request cancellation of the Court's decision within 45 days from the day on which that person learned of it (hereinafter – application for cancellation);
(2)The Court may summarily dismiss an application for cancellation, on the basis of the application alone or after receiving a response from the Minister of the Interior, if it found that in the circumstances of the matter there was delay in submitting the application;
(3)The hearing on an application for cancellation that has not been summarily dismissed shall take place in the presence of both parties; however, the provisions of subsection (d1) shall apply in this regard.
(e)In proceedings under this section, the Court may, for reasons to be recorded, depart from the rules of evidence, and may receive evidence in the absence of the citizen whose matter is being considered or that person's representative, or without disclosing the evidence to them, if, after examining the evidence or hearing arguments, the Court is satisfied that disclosure of the evidence is liable to prejudice the security of the State, its foreign relations or an important public interest, and that non-disclosure is preferable to disclosure for the purpose of doing justice (in this section – classified evidence); the Court may, before making a decision under this section, examine the evidence or hear explanations in the absence of the citizen and that person's representative; where the Court has decided to receive classified evidence, it shall direct that a summary of the classified evidence be transferred, to the extent possible without prejudicing the security of the State, its foreign relations or an important public interest, to the citizen or that person's representative; a hearing under this subsection shall take place in camera, unless the Court has otherwise directed in this regard.
(f)Where the Court has decided to revoke a person's Israeli citizenship, the citizenship shall be revoked from the day on which the judgment can no longer be appealed, or from a later date determined by the Court.
(f1)Notwithstanding any law, the Court hearing the revocation of a person's citizenship shall have jurisdiction to hear a direction of the Minister of the Interior in respect of that person given under subsection (b)(2) or section 11a(a).
(g)The Minister of Justice may prescribe by Regulations rules of procedure with respect to proceedings under this section.
(h)The Minister of the Interior shall appoint a committee, headed by a retired judge or a person qualified to be appointed as a Magistrate's Court judge, which shall advise the Minister of the Interior on decisions and the submission of applications under this section.
(h1)The Minister of the Interior shall report to the Interior and Environmental Protection Committee of the Knesset, once a year, on the following:
(1)the cases in which the circumstances referred to in subsection (b1)(1)(a) and (b) were present and an application for revocation of citizenship was not submitted to the Court, and the reasons therefor;
(2)the Court's decisions on applications under subsection (b1).
(i)The Minister, with the approval of the Interior and Environmental Protection Committee of the Knesset, may amend the Schedule.