Counter-Terrorism Law, 5776-2016

The purpose of this Law is to lay down provisions in the field of criminal and administrative law, including special enforcement powers, for the purpose of combating terrorism, and in that connection for the purpose of —

all with regard to the characteristics of terrorist organisations and terrorist offences, the anticipated risk they pose to the security of the State of Israel, to its residents and to the structures of governance therein, and to the commitment of the State of Israel to combating terrorism in the spirit of the international conventions to which it is a party, whilst balancing this with the commitment of the State of Israel to human rights and to the accepted standards in this field in international law.

"terrorist organisation" means any of the following:

For the purposes of this definition —

"declared terrorist organisation" means a group of persons that has been declared, under the provisions of sections 4, 6 or 11, to be a terrorist organisation;

"international public organisation" means an organisation founded by two or more states, or by organisations founded by two or more states;

"the Advisory Committee" means the committee appointed under the provisions of section 14;

"the Ministerial Committee" means the Ministerial Committee for National Security Affairs within the meaning of section 6 of the Government Law, 5761-2001;

"member of a terrorist organisation" means a person who is counted among a terrorist organisation, including —

For the purposes of this definition —

"group of persons" means a group of persons whether or not incorporated;

"harmful substance" means a chemical, biological or radioactive substance, including nuclear, that is capable by its nature, type or quantity of killing a person or of causing serious harm to body, property, infrastructure or the environment;

"Money Laundering Prohibition Law" means the Prohibition of Money Laundering Law, 5760-2000;

"Terror Financing Prohibition Law" means the Prohibition of Terror Financing Law, 5765-2005;

"Arrests Law" means the Criminal Procedure Law (Enforcement Powers — Arrests), 5756-1996;

"Penal Law" means the Penal Law, 5737-1977;

"sensitive installation" means a place, including a structure, container or vehicle, used for the production, processing, holding, storage, disposal or transportation of a harmful substance, or for the extraction of energy from such a substance;

"act of terrorism" means an act constituting an offence or a threat to commit such an act, in respect of which all of the following apply:

For the purposes of this definition —

"weapon" means as defined in section 144(c) and (c1)(1) of the Penal Law, including chemical, biological or radioactive weapons;

"chemical, biological or radioactive weapon" means a weapon capable of emitting a harmful substance, including radioactive radiation;

"offence" means an offence of the type of misdemeanour or felony;

"serious security offence" means a serious terrorism offence, and also an offence committed in circumstances that give rise to concern of harm to state security and having a nexus to terrorist activity, being an offence as set out below:

"terrorism offence" means an offence under this Law or an offence that is an act of terrorism;

"serious terrorism offence" means any of the following:

"public", "publication" and "published" means as defined in section 34x of the Penal Law;

"transaction in property" means the conveyance or receipt of ownership or of another right in property, whether proprietary or not proprietary, for consideration or otherwise, and also a transaction in property that is fundraising, transfer, receipt, holding, conversion, a banking transaction, investment, a transaction in securities or holding thereof, brokerage, the giving or receiving of credit, import, export or the creation of a trust, or the mixing of terror property with other property even if it is not terror property;

"activity", of a terrorist organisation — including lawful activity or activity for lawful purposes;

"Evidence Ordinance" means the Evidence Ordinance [New Version], 5731-1971;

"Arrest and Search Ordinance" means the Criminal Procedure Ordinance (Arrest and Search) [New Version], 5729-1969;

"public" — including part of the public, a public that is not in Israel and a public that is not Israeli;

"head of a security authority" means as set out below, as the case may be:

"property" means real property, movable property, monies and rights, including property that is the proceeds of such property, and any property that accrued or derived from such property or from its profits;

"property connected to an offence" means property in respect of which one of the following applies:

"terror property" means any of the following:

"property of a terrorist organisation" means property in the ownership, possession, control or custody of a terrorist organisation, alone or together with another, and also property that serves or is intended to serve a terrorist organisation or the activity of a terrorist organisation, including property the acquisition of which was financed by the organisation or which was transferred to another without consideration; for this purpose, property found at a place that regularly serves the purpose of the activity of a terrorist organisation and does not regularly serve another purpose is presumed to be property of a terrorist organisation, unless proved otherwise;

"property of the convicted person" means property in the ownership, possession, control or account of the convicted person, alone or together with another;

"security authority" means any of the following:

In this Section —

"foreign" means as set out below, as the case may be:

"act of terrorism" means as defined in section 2 and also an act in respect of which the conditions set out in that definition are met, committed outside Israel, to which the criminal laws of the State of Israel do not apply, provided that the act constitutes an offence both under the laws of the State of Israel and under the laws of the place where the act was committed, or the laws of the State against which, against whose residents or against whose citizens the act was directed;

"terrorist operative" means one of the following:

"resident of Israel" includes a person whose place of residence is in the Area as defined in the Emergency Regulations (Judea and Samaria – Jurisdiction over Offences and Legal Assistance), and who is an Israeli citizen or who is entitled to immigrate to Israel under the Law of Return, 5710-1950, and who, had his place of residence been in Israel, would have been regarded as a resident of Israel;

"Emergency Regulations (Judea and Samaria – Jurisdiction over Offences and Legal Assistance)" means the Emergency Regulations (Judea and Samaria – Jurisdiction over Offences and Legal Assistance), 5727-1967, as their validity has been extended and their text has been amended by law.

A person entitled to submit written arguments under section 5 or a request for revocation of a declaration under section 7 may, for the purpose of submitting them, inspect the request of the head of the security authority for the declaration of the terrorist organisation or of the terrorist operative, the recommendations of the Advisory Committee and the decision of the Minister of Defence on the request; however, such person shall not be entitled to inspect classified information as defined in section 9, nor information which the Minister of Defence and the Advisory Committee were requested not to take into account under the provisions of section 9(d).