Counter-Terrorism Law, 5776-2016
חוק המאבק בטרור, תשע"ו-2016
Published: 2016-06-23Consolidated Hebrew text as of 2025-11-27 · Last amended 2025-04-03✓ Amendment status checked against the Knesset legislation record on 2026-09-17
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Chapter VIII: Miscellaneous Provisions
Delegation of Powers§
94.
(a)The powers of the Minister of Defence and of the head of a security authority under this Law may not be delegated, unless otherwise provided in this Law.
(b)The Attorney General may delegate to the State Attorney and to the Deputy State Attorney the powers vested in the Attorney General under sections 3(b), 24(e), 46(a)(3) and 52(b), and in respect of the power vested in the Attorney General under section 3(b) – also to the Deputy Attorney General.
Application of the Prohibition of Money Laundering Law§
95.
(a)The powers vested in the Governor of the Bank of Israel and in the Minister to issue orders for the purpose of enforcing the Prohibition of Money Laundering Law as referred to in sections 7, 8a or 8b of that Law shall also be vested in them for the purpose of enforcing the provisions of sections 31 to 36 of this Law, and each of them shall also be entitled, with the consent of the Minister of Justice and in consultation with the Minister of Internal Security, to prescribe by Order, in relation to a banking corporation or a body as referred to in sections 7, 8a or 8b of that Law, provisions concerning the checking of identification particulars of parties to a property transaction against the identification particulars of declared terrorist organisations and the identification particulars of persons declared under sections 3 or 11 who are terrorist operatives.
(b)Reports received under this section by the Authority for the Prohibition of Money Laundering and Terrorism Financing shall be kept in the database established under section 28 of the Prohibition of Money Laundering Law; the transfer of information received under this section, or for the purpose of enforcing the provisions of the sections enumerated in subsection (a), from the database, shall be carried out in accordance with the provisions of that Law; the provisions of section 31a of the Prohibition of Money Laundering Law concerning the duty of confidentiality and the prohibition of disclosure of information and its use other than in accordance with the provisions of the Prohibition of Money Laundering Law shall also apply to a person who has come into possession of information received under this section.
(c)A compliance officer in a banking corporation and in every body listed in the Third Schedule to the Prohibition of Money Laundering Law, appointed under section 8 of that Law, or a compliance officer in a corporation that is a precious stones dealer, appointed under section 8a(f) of that Law, shall also act to fulfil the obligations imposed by Orders under subsection (a) on the said corporation or body and to instruct employees in the fulfilment of those obligations and to supervise their fulfilment.
(d)The inspectors appointed under section 11n of the Prohibition of Money Laundering Law shall also supervise the implementation of the provisions of Orders under subsection (a) concerning obligations of a banking corporation, a body listed in the Third Schedule to that Law and a precious stones dealer, and for that purpose the powers under that Law shall be vested in them and the provisions of Chapter IV-B of that Law shall apply.
(e)The provisions of section 14 of the Prohibition of Money Laundering Law prescribing a monetary sanction for breach of provisions under that Law shall also apply in respect of breach of the provisions of Orders under subsection (a); the powers vested in the committee for the imposition of a monetary sanction established under section 13 of the Prohibition of Money Laundering Law shall also be vested in it in respect of a person who has breached the provisions of those Orders and in respect of a monetary sanction the provisions of Chapter V of that Law shall apply.
(f)Where a monetary sanction has been imposed under this section and the sanction has been paid, no indictment shall be filed for an offence under section 36 in respect of the same act for which the monetary sanction was imposed.
(g)In respect of a single act constituting a breach of the provisions of an Order under subsection (a), not more than one monetary sanction shall be imposed, even if the act also constitutes a breach of an Order under the Prohibition of Money Laundering Law.
Savings Provisions§
96.
The provisions of this Law are in addition to the provisions of any law and shall not derogate therefrom.
Implementation and Regulations§
97.
(a)Subject to the provisions of subsections (b) and (c), the Minister of Justice is responsible for the implementation of the provisions of this Law, and may make Regulations for its implementation, including Regulations on the following matters:
(1)rules of procedure in an application for forfeiture in criminal proceedings, including in respect of service of notice on persons claiming a right in the property and the submission of their claims regarding the forfeiture;
(2)management of property that has been seized and forfeited pursuant to the provisions of Chapter V, including the manner of payment of the costs of managing such property; Regulations under this paragraph shall be made with the consent of the Minister of Finance.
(b)The Minister of Defence is responsible for the implementation of the provisions of Chapter II in respect of declaration, and for the implementation of the provisions of Section B of Chapter V in respect of administrative seizure and forfeiture.
(c)The Minister of Public Security is responsible for the implementation of the provisions of Chapter VI, and may, with the consent of the Minister of Justice, make Regulations for its implementation, including Regulations on the following matters:
(1)service of a copy of an order for the prevention of activity and of an order for the restriction of use of premises on the owner or occupier of the premises;
(2)the submission of claims in respect of orders as referred to in paragraph (1).
(d)Notwithstanding the provisions of subsections (a) and (b), the Minister of Defence and the Minister of Justice may jointly make Regulations on the following matters:
(1)declarations under Chapter II, including particulars to be included in such declarations;
(2)the methods and times for serving notices on a declared terrorist organisation or on a person declared a terrorist operative, and on a person subject to a duty of reporting under the provisions of sections 7 or 8a of the Prohibition on Money Laundering Law;
(3)the manner and time for submitting an application for the cancellation of a declaration, as well as the manner of conducting periodic review of a declaration under Section B of Chapter II;
(4)administrative seizure orders or forfeiture orders under Chapter V; Regulations in respect of the implementation of such orders shall be made in consultation with the Minister of Public Security.
(e)
(1)Regulations under this Law, other than orders in respect of declarations of a terrorist organisation or a terrorist operative under Chapter II, shall be made with the approval of the Constitution, Law and Justice Committee of the Knesset;
(2)Notwithstanding the provisions of paragraph (1), Regulations under Chapter VI shall be made with the approval of the National Security Committee of the Knesset.
Amendment of the Schedules§
98.
(a)The Minister of Justice, with the approval of the Constitution, Law and Justice Committee of the Knesset, may, by Order, amend the First Schedule.
(b)The Minister of Justice, with the consent of the Minister of Defence and with the approval of the Constitution, Law and Justice Committee of the Knesset, may, by Order, amend the Second Schedule.
Reports to the Knesset§
99.
(a)The Minister of Justice shall report to the Constitution, Law and Justice Committee of the Knesset, on 1 June each year, on the following:
(1)the number of indictments filed in the year preceding the date of the report in respect of an offence under section 24, and the manner of implementation of the provisions of that section;
(2)the implementation of the provisions of Chapter IV, including the number of cases in which —
(a)a designated officer delayed the bringing of a person arrested for a security offence before a judge pursuant to the provisions of section 46(a)(1) or (2), including details regarding the periods of delay;
(b)a court ordered the delay of bringing a person arrested for a security offence before a judge pursuant to the provisions of section 46(a)(3);
(c)a judge ordered the detention of a person arrested for a security offence as referred to in section 17(a) of the Arrests Law as applied in section 47 of this Law, including details regarding the periods during which the person was held in detention as referred to in section 17(b) of the Arrests Law as applied in that section, and including details regarding the periods during which the person was held in detention for a period exceeding 15 days;
(d)the Supreme Court extended the detention of a person arrested for a security offence in the absence of the detainee pursuant to the provisions of section 48, including details regarding the periods during which the person was held in detention;
(e)the court ordered that proceedings be held pursuant to the provisions of section 49(b) or 50(b);
(f)a defence counsel was appointed for a detainee pursuant to the provisions of section 51(c);
(g)the court ordered that its decision not be brought to the attention of the detainee pursuant to the provisions of section 51(d), and the date on which the court decision made in proceedings held in the detainee's absence as referred to in that section was brought to the attention of the detainee;
(h)more than one of the powers under the provisions of sections 46(a)(2) and (3), 47, 48, 49(b) or 50(b), and section 35 of the Arrests Law, was exercised, as well as details of the powers that were exercised.
(b)The Minister of Justice shall report to the Constitution, Law and Justice Committee of the Knesset, on 1 June and on 1 December each year, on the manner of implementation of the provisions of section 24(c1), on the number of investigations opened on suspicion of the commission of an offence under section 24(c1), the number of persons arrested on such suspicion, the number of indictments filed in respect of that offence, and the outcomes of the said criminal proceedings, in the six months preceding the date of the report, broken down by the terrorist organisation whose publications were consumed.
Commencement§
100.
(a)This Law shall commence on the 30th of Tishri 5777 (1 November 2016) (hereinafter – the commencement date).
(b)Notwithstanding the provisions of subsection (a), the repeal of regulations 84, 85 and 120 of the Defence (Emergency) Regulations, 1945, as referred to in section 76 of this Law, shall take effect on the 3rd of Adar 5777 (1 March 2017); however, the prosecution for an offence committed after the commencement date, or the exercise of any other power under regulations 84, 85 or 120 of the Defence (Emergency) Regulations, 1945, in the period between the commencement date and the date of their repeal, requires the approval of the Attorney General or of the State Attorney; the power to grant such approval may not be delegated.
Application and Transitional Provisions§
101.
(a)A body of persons that was declared, before the commencement date, to be a terrorist organisation under section 8 of the Prevention of Terror Ordinance, 5708-1948 (in this section – the Prevention of Terror Ordinance), or to be an unlawful association under regulation 84(1)(b) of the Defence (Emergency) Regulations, 1945, shall be deemed to have been declared by a permanent declaration to be a terrorist organisation under section 6 of this Law.
(b)A body of persons that was declared, before the commencement date, to be a terrorist organisation under section 2 of the Prohibition on Terror Financing Law, 5765-2005 (in this section – the Prohibition on Terror Financing Law), shall be deemed to have been declared to be a terrorist organisation under section 11(a) of this Law.
(c)A person who was declared, before the commencement date, to be a terrorist operative under section 2 of the Prohibition on Terror Financing Law, shall be deemed to have been declared to be a terrorist operative under section 11(a)(2) or (3)(c) of this Law.
(d)Property that was seized, forfeited or confiscated on the eve of the commencement date shall be subject to the law that applied on the eve of the commencement date.
(e)The following offences, committed on the eve of the commencement date, shall be deemed to be a serious terrorist offence:
(1)an offence under sections 2 or 3 of the Prevention of Terror Ordinance;
(2)an offence under section 8 of the Prohibition on Terror Financing Law;
(3)an offence under regulations 84 or 85 of the Defence (Emergency) Regulations, 1945;
(4)for the purposes of the provisions of Chapter IV – also a security offence as defined in the Criminal Procedure (Detainee Suspected of a Security Offence) (Temporary Provision) Law, 5766-2006.
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Contact Us →First Schedule (Sections 42 and 98)
(1)Afghanistan;
(2)Libya;
(3)Sudan;
(4)Pakistan.
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Contact Us →Second Schedule (Section 24(c1))
(1)The Daesh organisation ("Islamic State", "Islamic State in Iraq and Syria", "Islamic Caliphate", "Al-Qaeda Iraq", "ISLAMIC STATE", "ISIS", "ISIL") as defined in the declaration under section 8 of the Prevention of Terror Ordinance, 5708-1948, of the 15th of Cheshvan 5776 (29 October 2015);
(2)The Hamas organisation (Harakat al-Muqawama al-Islamiyya) as defined in the declaration under section 8 of the Prevention of Terror Ordinance, 5708-1948, of the 19th of Sivan 5749 (22 June 1989).
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