Translation Notice — This is an English translation of a Hebrew law and may contain inaccuracies. In any dispute or legal matter, the original Hebrew text as published in Reshumot (ספר החוקים) is the sole authoritative and legally binding version.
Law
Citizenship Law, 5712-1952
חוק האזרחות
Chapter II: Loss of Citizenship
Renunciation of Citizenship
10.
[Amendment: 5718, 5728, 5740]
(a)An adult Israeli citizen who is not a resident of Israel may declare in writing that he renounces his citizenship.
(b)An adult Israeli citizen who gives notice that he wishes to cease being a resident of Israel may declare in writing that he renounces his citizenship.
(c)The parents of a minor who was born outside Israel and acquired Israeli citizenship by virtue of birth may declare in writing that they renounce his citizenship, provided that on the date of the declaration the parents and the minor were not residents of Israel; for the purposes of this sub-section, the declaration of one parent suffices if that parent is entitled to have sole custody of the minor, and it suffices that only that parent and the minor are not residents of Israel.
(d)The parents of a minor who was born in Israel before the date of the 5740 amendment and who acquired Israeli citizenship by virtue of the Law of Return, and whose parents were not Israeli citizens on the date of his birth and were not registered in the Population Registry, may declare in writing that they renounce his citizenship, provided that on the date of the declaration the parents and the minor were not residents of Israel; for the purposes of this sub-section, the declaration of one parent suffices if that parent is entitled to have sole custody of the minor, and it suffices that only that parent and the minor are not residents of Israel.
(e)Renunciation of citizenship under this section requires the consent of the Minister of the Interior, and if the Minister has consented to the renunciation — the citizenship is cancelled from the date determined by the Minister.
(f)The cancellation of the Israeli citizenship of an adult under this section also cancels the Israeli citizenship of his minor child if both of the following conditions are met:
(1)The other parent has also renounced his or her Israeli citizenship under this section, or that parent is not an Israeli citizen and is not a resident of Israel, or that parent has agreed in writing that the renunciation shall also apply to the minor, or the parent who renounced his citizenship is entitled to have sole custody of the minor;
(2)The minor is not a resident of Israel, or, if the renunciation was made under sub-section (b), it was stated in the notice referred to in that sub-section that the person giving notice wishes the minor also to cease being a resident of Israel.
(g)Notwithstanding the provisions of sub-section (f), the Minister of the Interior may determine, if he sees special cause justifying it, that the Israeli citizenship of a minor shall not be cancelled under that sub-section.
(h)If a minor has reached sixteen years of age, his Israeli citizenship shall not be cancelled under this section unless the minor has notified the Minister of the Interior in writing that he consents to the cancellation.
Renunciation for the Purpose of Retaining Another Citizenship
10a.
[Amendment: 5740]
The Minister of the Interior may, in special circumstances, consent to a declaration of renunciation by an adult resident of Israel of Israeli citizenship that was acquired by him pursuant to Section 2(b)(2) or (4), provided that the renunciation is intended to preserve another citizenship held by him; if the Minister has consented to such renunciation, the citizenship shall be revoked from the date determined by the Minister, and the Minister may also determine that the revocation shall be retroactive.
Revocation of Citizenship
11.
[Amendment: 5728, 5740, 5768, 5776, 5777, 5783]
(a)The Minister of the Interior may revoke a person's Israeli citizenship if it has been proven to his satisfaction that the citizenship was acquired on the basis of false particulars, and provided that three years have not yet elapsed from the date on which the citizenship was so acquired.
(b)The Administrative Affairs Court (in this section — the Court) may, upon the application of the Minister of the Interior, revoke a person's Israeli citizenship if one of the following has occurred:
(1)The citizenship was acquired on the basis of false particulars and at least three years have elapsed from the date on which it was so acquired;
(2)That person has committed an act that constitutes a breach of allegiance to the State of Israel, provided that as a result of the revocation of Israeli citizenship that person will not be left without any citizenship or permanent status in the territories of the Palestinian Authority, and if he will be left without any citizenship or permanent status as aforesaid — he shall be granted a residence permit in Israel, as the Minister of the Interior shall direct; for the purposes of this paragraph, there is a presumption that a person who resides permanently outside Israel, or who or someone acting on his behalf and with his knowledge has received from the Palestinian Authority, directly or indirectly, payment or remuneration for the breach of allegiance to the State of Israel (hereinafter — funds linked to terrorism), will 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 organization or a designated terrorist organization 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, there is a presumption 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 such state or territory.
(b1)
(1)Where all of the following apply to a person, the Minister of the Interior shall notify him, within seven working days, of his intention to apply to the Court to revoke his Israeli citizenship:
(a)He has been convicted of an offence and the court that convicted him determined that the offence constitutes an act of terrorism, and if the offence was committed before the commencement of the Counter-Terrorism Law — it constitutes an act of terrorism based on the facts established in the judgment in his case, or he was convicted of an offence under Sections 97 to 99 of the Penal Law, 5737–1977, and in all cases a sentence of actual imprisonment was imposed on him;
(b)It has been proven, 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 he or someone acting on his behalf and with his knowledge received funds linked to terrorism.
(2)The Court, upon the application of the Minister of the Interior as referred to in paragraph (1), shall revoke the citizenship unless it is convinced, for special reasons to be recorded, that revocation of the citizenship is not justified in the circumstances of the case; the Court shall decide on the application within 30 days from the date it was filed.
(3)Where the Court has revoked a person's citizenship as referred to in this sub-section and the presumption referred to in sub-section (b)(2) has not been rebutted, the person shall be removed from Israel upon completion of the serving of 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 sub-section (b)(2) shall apply with respect to the revocation of citizenship of a person who, as a result of the revocation, will be left without any citizenship.
(5)In this sub-section —
"the Palestinian Authority" — as defined in the Law for Freezing Funds Paid by the Palestinian Authority Linked to Terrorism from the Funds Transferred to It by the Government of Israel, 5778–2018;
"territories of the Palestinian Authority" — the territories of the Palestinian Council as defined in Section 13y of the Entry into Israel Law, and the territory of the Gaza Strip.
(c)
(1)An application under sub-section (b)(2) shall not be filed except with the written consent of the Attorney General.
(2)An application under sub-section (b1) shall not be filed except with 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 a summons to the hearing has been served on him in accordance with the provisions prescribed by the Minister of Justice, with the approval of the Interior and Environmental Protection Committee of the Knesset, and he did not appear at the appointed time, and the Court was of the opinion that holding the hearing in his absence would not constitute a miscarriage of justice.
(2)Notwithstanding the provisions of paragraph (1), the Court may, upon the application of the Minister of the Interior, direct that the hearing be held in the absence of the citizen whose matter is being considered, if he cannot be located or a summons cannot be served on him as referred to in paragraph (1), provided that substituted service has been effected in accordance with the 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, upon his application, direct that he participate in the hearing before the Court by means of a video conference to be held at one of Israel's representations abroad at which a video conference can be conducted; for this purpose, "video conference" means communication between two locations that enables the transmission of image and sound in real time.
(4)Where the Court has directed under paragraph (2) that the hearing on the application be held in the absence of the citizen whose matter is being considered, it shall appoint a lawyer pursuant to the Legal Aid Law, 5732–1972, for the purpose of representing the interests and rights of the citizen in the proceedings, unless the Court was of the opinion that failure to appoint 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 him 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 deemed a hearing conducted in his presence.
(d1)
(1)Where an application has been filed under sub-section (b)(2) to revoke the citizenship of a person who resides permanently outside Israel, the Court may, upon the application of the Minister of the Interior, direct that that person not be permitted to enter Israel, if it is satisfied that his entry into Israel poses a real danger to the security of the State or to public order and there is no other way to prevent the danger; however, the Court shall not so direct if it is of the opinion that considerations of justice outweigh the danger posed by the entry of that person into Israel; where the Court so directs, the hearing shall be held in the absence of the citizen, but this shall not derogate from the right of the citizen whose matter is being considered to appoint a lawyer to represent him 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 rendered on the application to revoke the citizenship, whichever is earlier, however the Court may, upon 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 not exceeding three months in the aggregate.
(d2)Where the Minister of the Interior has notified the Court that he is considering filing an application under sub-section (b)(2) to revoke the citizenship of a person who resides permanently outside Israel, and the entry of that person into Israel poses a real danger to the security of the State or to public order, the Court may, upon the application of the Minister of the Interior, direct that that person not be permitted to enter Israel until the application for revocation of citizenship is filed, if there is no other way to prevent the danger, provided that the application for revocation of citizenship is filed within 15 days from the date of delivery of the notice of the Minister of the Interior as aforesaid; the Court may, upon 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 his absence and in the absence of a lawyer appointed by that person to represent him, as referred to in sub-sections (d)(1) or (2) or (d1), the citizen whose citizenship has been revoked (hereinafter — the applicant) may apply for the cancellation of the Court's decision within 45 days from the date on which he became aware of it (hereinafter — application for cancellation).
(2)The Court may dismiss an application for cancellation in limine, on the basis of the application alone or after receiving a response from the Minister of the Interior, if it finds that in the circumstances of the case there was undue delay in filing it.
(3)The hearing on an application for cancellation that has not been dismissed in limine shall be held with both parties present, however the provisions of sub-section (d1) shall apply in this regard.
(e)In proceedings under this section the Court may, for reasons to be recorded, deviate from the rules of evidence, and receive evidence in the absence of the citizen whose matter is being considered or his representative, or without disclosing it to them, if after examining the evidence or hearing arguments it is satisfied that disclosure of the evidence is liable to harm 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 his representative; where the Court has decided to receive classified evidence, it shall direct that a summary of the classified evidence be transmitted, to the extent possible without harming the security of the State, its foreign relations, or an important public interest, to the citizen or his representative; a hearing under this sub-section shall be held 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 date on which the judgment can no longer be appealed or from a later date determined by the Court.
(f1)Notwithstanding the provisions of any law, the Court hearing the revocation of a person's citizenship shall have jurisdiction to consider a direction of the Minister of the Interior concerning that person given under sub-section (b)(2) or Section 11a(a).
(g)The Minister of Justice may prescribe by Regulations rules of procedure for 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 judge of a Magistrate's Court, which shall advise him with respect to decisions and the filing 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)Cases in which the circumstances referred to in sub-section (b1)(1)(a) and (b) were met and an application for revocation of citizenship was not filed with the Court, and the reasons therefor;
(2)The Court's decisions on applications under sub-section (b1).
(i)The Minister, with the approval of the Interior and Environmental Protection Committee of the Knesset, may amend the Schedule.
Power of a Court that Has Convicted a Person to Revoke Citizenship
11a.
[Amendment: 5771, 5776, 5777]
(a)Where a person has been convicted of an offense and the Court has determined that the offense constitutes an act of terrorism as defined in the Combating Terrorism Law, or has been convicted of an offense under Sections 97 to 99, 101, 112 or 113(b) of the Penal Law, 5737–1977, the Court may, upon application by the Minister of the Interior, revoke his Israeli citizenship in addition to any other sentence, provided that as a result of the revocation of Israeli citizenship that person shall not be rendered stateless, and if he is to be rendered stateless — he shall be granted a residence permit in Israel, as directed by the Minister of the Interior; for the purpose of this section, a person who permanently resides outside Israel is presumed not to be rendered stateless.
(b)The provisions of Section 11(c) and (f) shall apply, with the necessary modifications, to an application for revocation of citizenship as referred to in this section and to its revocation.
(c)Nothing in the provisions of this section shall derogate from the power of the Minister of the Interior pursuant to Section 11(a).
Continuation of Liability
12.
Loss of Israeli citizenship does not exempt a person from liability arising from Israeli citizenship that was incurred before the citizenship was lost.
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