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Import and Export Ordinance [New Version], 5739-1979

פקודת היבוא והיצוא [נוסח חדש], תשל"ט-1979

Published: 1979-03-29Consolidated Hebrew text as of 2026-07-23 · Last amended 2026-07-22✓ Amendment status checked against the Knesset legislation record on 2026-09-29
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

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Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.

Interpretation§

1.
(a)In this Ordinance –

"enemy" –

(1)a state at war with Israel;
(2)an individual residing in enemy territory;
(3)a body of persons, whether incorporated or unincorporated, carrying on business at any place and subject to the control of a person who is an enemy under this subsection, for as long as it is subject to such control;
(4)a body of persons incorporated or registered in a state at war with Israel or under the laws thereof;
(5)any other person who is to be regarded as an enemy for the purposes of any enactment concerning trade with the enemy;

but a person is not an enemy by reason only of being an enemy national;

"enemy national" –

(1)an individual who is a national of a state at war with Israel and is not an Israeli national;
(2)a body of persons incorporated or registered in a state at war with Israel or under the laws thereof;

"means of transport" – an animal, wagon, vehicle, vessel or aircraft used for the carriage of goods;

"enemy territory" – any territory subject to the sovereignty of, or held by, a state at war with Israel, that is not territory held by Israel or by a state allied with it, as well as any territory that is to be treated, for the purposes of the Trading with the Enemy Ordinance, 1939, as enemy territory;

"owner" –

(1)in relation to a means of transport – including a person acting on behalf of the owner as agent or representative for the receipt of freight charges for the use of the means of transport;
(2)in relation to goods – including an importer, exporter, consignee or agent for those goods, or a person purporting to be any of these, and any person in possession of them or claiming an interest in them or having authority to deal in them, but not a public official acting in an official capacity;

"default charges" and "shekel interest" – as defined in the Interest and Price Indexation Law;

"the Director" – the Director of Customs and Excise;

"shipment", in relation to goods – import, export, coastwise carriage, loading on a vessel engaged in navigation for the purposes of the vessel, including an attempt to perform any of these acts in relation to goods or the placing of goods at a particular location for the purpose of performing or preparing to perform them;

"Interest and Price Indexation Law" – the Interest and Price Indexation Law, 5721-1961;

"Standards Law" – the Standards Law, 5713-1953;

"goods" – including animals;

"master" – a person who has, or has assumed, control or command of a vessel, not being a pilot or a State employee;

"the Customs Authority" – as defined in the Customs Ordinance;

"competent authority" – a person appointed by the Minister to be a competent authority for the purposes of this Ordinance;

"the Minister" – a Minister designated by the Government for the purposes of this Ordinance, in whole or in part.

(b)A certificate issued by the Minister attesting that a particular territory is or was subject to the sovereignty of a particular state, or is or was held by it, or attesting to the time at which the territory began or ceased to be subject to such sovereignty or holding, shall serve, in any proceedings under this Ordinance, as conclusive evidence of the facts stated therein.

Order for the Control of the Shipment of Goods§

2.

The Minister of Economy may, by Order, prescribe such provisions as appear to him to be useful for the prohibition or regulation of the import of goods in general or of goods specified in the Order, or of services or knowledge in general or of such as are specified in the Order, their export, coastwise carriage or loading on a vessel engaged in navigation for the purposes of the vessel, generally or for specified categories of matters, and subject to such exceptions as may be prescribed in the Order or thereunder; such an Order (hereinafter – control Order) may be general or qualified, all according to such criteria as appear to the Minister of Economy in the circumstances of the matter; for the purposes of this section –

"knowledge" – knowledge or technology related to the development, production, packaging or maintenance of equipment or to the repair thereof;

"services" – the provision of a service to another, including in relation to goods and knowledge.

Import of Goods Subject to an Official Standard§

2a.
(a)In sections 2a to 2q –

"Standards Law" – (deleted);

"Association of Chambers of Commerce", "Crafts and Industry Federation" and "Manufacturers' Association of Israel" – each of these or another body that replaces them in accordance with an Order prescribed under section 27 of the Standards Law;

"laboratory testing certificate" – a type approval certificate or a consignment approval certificate;

"type approval certificate" – a certificate issued by a testing laboratory, based on a test conducted in accordance with directives under section 2g(d), to the effect that a sample of goods that was tested meets the standardisation requirements referred to in section 9(a)(1) of the Standards Law that apply to it;

"consignment approval certificate" – a certificate issued by a testing laboratory, based on a test conducted in accordance with directives under section 2g(d) of a sample of particular goods in a particular consignment, to the effect that the goods tested are identical to the sample of goods in respect of which a type approval certificate was issued;

"certificate of compliance with the Commissioner's requirements" – a certificate concerning compliance with a conformity inspection against the standardisation requirements referred to in section 9(a)(1) of the Standards Law, in accordance with the directives and conditions prescribed under this Ordinance, including the directives of the Commissioner for Standardisation under this Ordinance, in respect of imported goods;

"conditional release approval" – as its meaning in section 2e(b)(1);

"the adopted European regulation" – as defined in the Standards Law;

"goods" – including goods that are also a commodity under the Standards Law;

"used goods" – goods that have been used, including goods that have been refurbished;

"goods importer" – an importer who imports goods subject to an official standard that are included in provisions of a control Order concerning the regulation of the import of goods that require conformity with the requirements of an official standard, in whole or in part;

"the Standards Institute" – the Institute as its meaning in the Standards Law;

"the Commissioner for Standardisation" and "official standard" – as their meaning in the Standards Law.

"testing laboratory" – the Standards Institute or an accredited laboratory;

"accredited laboratory" – a laboratory that the Commissioner for Standardisation has accredited under section 2j;

"relative" – as defined in the Companies Law, 5759-1999;

"release" – the release of goods from the supervision of the Customs Authority;

"control" – as defined in the Securities Law, 5728-1968.

"product file" – the particulars and documents listed in the First Schedule that are required to be kept under section 2l(a)(1).

(a1)Without derogating from the generality of the provisions of section 2, the import of goods that conform to the requirements of the adopted European regulation shall be subject to an obligation to keep a product file under section 2l(a), including a declaration as referred to in section 2f(b1).
(b)Without derogating from the generality of the provisions of section 2, provisions that the Minister of Economy prescribes in a control Order concerning the regulation of the import of goods that require conformity with the requirements of an official standard, in whole or in part, shall impose an obligation to keep a product file that the importer is required to maintain under section 2l(a)(1), including a declaration as referred to in section 2f(a).
(c)In addition to the obligation to keep a product file, including a declaration, as referred to in subsection (b), the Minister of Economy and Industry may prescribe in the control Order for the regulation of the import of goods an obligation to include in the product file also a type approval certificate, after receiving the recommendation of a team whose members are all of the following (in this section – the team):
(1)the Director General of the Ministry of Economy and Industry, who shall serve as chairperson of the team;
(2)the Commissioner for Standardisation;
(3)the Budget Commissioner at the Ministry of Finance or an employee of the Budget Division appointed by him for that purpose;
(4)the Commissioner of Competition or an employee of the Competition Authority appointed by him for that purpose;
(5)the supervising Minister as its meaning in section 8(d) of the Standards Law (in this section – the supervising Minister) or an employee of the Ministry appointed by him for that purpose.
(c1)In the event of an equal division of votes among the members of the team, the position of the chairperson of the team shall be decisive.
(d)Notwithstanding the provisions of subsection (b), the provisions that the Minister of Economy and Industry prescribes in the control Order in respect of the categories of goods set out below shall impose an obligation to obtain a certificate of compliance with the Commissioner's requirements after submitting a type approval certificate and a consignment approval certificate:
(1)goods subject to an official standard that are of the following categories: lifting equipment; pressure equipment; accessories or appliances used in compressed hydrocarbon gas (cooking gas) systems, including gas cylinders, valves, meters, taps, piping, gas-consuming appliances; fire safety means and fire detection and extinguishing equipment; iron for reinforcing concrete; children's playground installations; toys for children up to the age of three; dummies and teats; dummy holders; feeding bottles and feeding vessels for infants; and low and medium voltage electric cables; however, the Minister of Economy and Industry, upon the recommendation of the Commissioner for Standardisation and after consultation with the supervising Minister, may prescribe in the control Order an obligation to submit only a declaration or a type approval certificate in lieu of a consignment approval certificate, in respect of goods under this paragraph or categories of goods as he shall prescribe, provided that he is satisfied that it is possible to supervise the import of the goods and to enforce the provisions of this Ordinance in relation thereto;
(2)goods subject to an official standard where the Commissioner for Standardisation has found that they have a defect likely to endanger, on a wide scale, the welfare, health or safety of the public or the quality of the environment; if the Commissioner for Standardisation has found that there is such a defect, he shall recommend to the Minister of Economy and Industry to prescribe the obligation to submit a type approval certificate and a consignment approval certificate, and the Minister may, pursuant to such recommendation, prescribe the obligation for a period of six months, taking into account, among other things, the nature of the defect, its extent and the degree of its effect on the welfare, health or safety of the public or the degree of its effect on the quality of the environment; if the Minister of Economy and Industry considers it necessary, upon the recommendation of the Commissioner for Standardisation, he may extend the said period by an additional period of six months;
(3)goods subject for the first time to an official standard, where the team has recommended to the Minister of Economy and Industry to prescribe an obligation to submit a type approval certificate and a consignment approval certificate in respect of them, if it has found that there is a significant concern of harm to the welfare, health or safety of the public, or to the quality of the environment;
(4)goods subject to an official standard that are of the following categories: electric water heaters and solar systems; cutting and grinding stones and thermostats; the Minister of Economy and Industry shall prescribe the obligation to submit a type approval certificate and a consignment approval certificate in respect of such goods so that it applies for a period of six months from the day of commencement of the Section as defined in section 98(a) of the Economic Programme Law (Legislative Amendments for the Implementation of the Economic Policy for the Budget Years 2021 and 2022), 5782-2021, and may extend the said period by one additional period not exceeding six months if he finds that there is justification for doing so; upon expiry of the period during which the obligation to submit a type approval certificate and a consignment approval certificate applies as aforesaid, the Minister of Economy and Industry shall prescribe in respect of goods under this paragraph an obligation to submit a declaration subject to the provisions of section 2a(c).
(5)Notwithstanding the provisions of subsection (a1) – goods subject to the provisions of paragraphs (1) to (3), imported in accordance with the European track as defined in section 9a1 of the Standards Law, in respect of which the Minister of Economy and Industry has prescribed by Order, following a recommendation of the exceptions committee, that the obligation to obtain a certificate of compliance with the Commissioner's requirements shall apply, after submitting a type approval certificate and a consignment approval certificate.
(d1)Notwithstanding the provisions of subsections (a1) and (b), used goods shall be subject to an obligation to obtain a certificate of compliance with the Commissioner's requirements, after submitting a type approval certificate and an inspection of each item in the consignment; however, the Commissioner for Standardisation may direct in his directives that such obligation shall not apply, provided that all of the following conditions are met:
(1)the goods are not listed in subsection (d) as if they were imported other than in conformity with the requirements of the adopted European regulation;
(2)the Commissioner is satisfied that there is a special and genuine need for this and that the granting of the exemption does not pose a danger to the welfare or safety of the public.
(e)(Repealed)
(f)The Commissioner for Standardisation may determine that a person who imports or seeks to import goods is a trust violator for a period that he has determined and that shall not exceed one year from the date of the determination, and may also, in addition to the provisions of subsections (a1) and (b), prescribe in respect of such a person additional or different testing requirements, including a certificate of compliance with the Commissioner's requirements as well as a requirement of a guarantee, all provided that he has notified the person in respect of whom he has found as aforesaid that he is a trust violator, and has given him a reasonable opportunity to put forward his arguments; in this section, "trust violator" – a person who imports or seeks to import goods in respect of whom the Commissioner for Standardisation has found that one or more of the following apply:
(1)he imported goods or sought to import goods on the basis of false or incorrect information, including by means of false or incorrect documents;
(2)he breached, in the opinion of the Commissioner for Standardisation, one of the conditions prescribed for the import of the goods under subsections (a1) and (b), or ceased to fulfil such a condition, and the Commissioner considered that, by reason of the nature, gravity or circumstances of the breach, there is reasonable ground to determine that he is a trust violator;
(3)he breached a provision of this Ordinance or a control Order or any other enactment applying to the import of goods, or breached a provision under any of these, and the Commissioner for Standardisation considered that, by reason of the nature, gravity or circumstances of the provision breached, there is reasonable ground to determine that he is a trust violator; in this paragraph, "provision breached" – a person in respect of whom it has been determined in judicial or administrative proceedings under law, including under section 14, that he has breached provisions of law.
(4)the importer refused to cooperate in the exercise of the powers of the Commissioner for Standardisation under this Ordinance.
(g)The Minister shall prescribe provisions concerning the requirement of a guarantee from a trust violator under subsection (f), including, inter alia, provisions concerning the type of guarantee, its conditions, its amount and its forfeiture.
(h)The provisions of subsection (f) shall apply, with the necessary modifications, also to all of the following:
(1)to a relative of an importer, and the Commissioner for Standardisation may make the import of goods by the relative conditional upon conditions, unless he is satisfied, on the basis of an approach by the relative, that between the relative and the said importer there is no commercial connection of a kind that would justify the imposition of an import restriction;
(2)in relation to a goods importer that is a corporation – to an office holder therein, to a controlling shareholder in the corporation, to a corporation controlled by that corporation and to any corporation controlled by any of these.
(i)Notwithstanding the provisions of subsection (f), if the Commissioner for Standardisation considers that there is an urgent need to determine that a person who imports or seeks to import goods is a trust violator, due to a genuine concern of immediate harm to the welfare, health or safety of the public or to the quality of the environment, he may determine as aforesaid immediately, for special reasons to be stated in writing, provided that he gives the importer an opportunity to put forward his arguments as soon as possible after the determination that he is a trust violator, and no later than 14 days from the date of the decision.

Application of Section 2a§

2b.
(a)In this Section –

"commencement day" – the day of commencement of the Standards Law (Amendment No. 10), 5774-2013, pursuant to section 25(b) of that Law;

"competent authority" – as defined in a supervisory Order, or another authority designated in a supervisory Order for the purpose of regulating the import of goods within whose area of authority the goods requiring regulation fall, or for the purpose of granting an import licence or import approval.

(b)(Repealed)
(c)(Repealed)
(d)Where the Commissioner for Standardisation published guidelines on the eve of the commencement day requiring a person who imports goods or seeks to import goods to submit an affidavit as to conformity with the provisions of an official standard, that guideline shall remain in force with the following modification: instead of an affidavit, a declaration shall be submitted to the Commissioner in the form that the Commissioner directs pursuant to section 2a(b); however, the Commissioner for Standardisation may direct that such a declaration be submitted also to any of the following, who shall act in accordance with the Commissioner's guidelines:
(1)an employee of a government ministry whom the Commissioner has authorised for this purpose, with the consent of the Minister responsible for that ministry;
(2)an employee of a corporation established by law whose purpose is to ensure an adequate level of quality of goods, provided that the corporation has been authorised to do so by the Minister of Economy and the Minister of Finance; such authorisation of a corporation shall be for a period not exceeding three years and may be extended by two additional periods.
(e)Nothing in the provisions of section 2a and this Section shall derogate from the powers of a competent authority with respect to the regulation of the import of goods within whose area of authority the goods requiring regulation fall, and nothing therein shall prevent a competent authority from requiring an affidavit as to the conformity of the goods with a standard, in whole or in part, for the purpose of granting an import licence or import approval.
2c.§

(Repealed — תשפ״ד־2)

2d.§

(Repealed — תשפ״ד־2)

Release of Goods from the Supervision of the Customs Authority§

2e.
(a)
(1)Goods whose import by a particular importer requires a certificate of compliance with the Commissioner's requirements shall not be released from the supervision of the Customs Authority except after receipt of a certificate of compliance with the Commissioner's requirements;
(2)For the purpose of obtaining a certificate of compliance with the Commissioner's requirements, a goods importer shall submit an application to which a laboratory testing certificate as referred to in section 2a(d) opening passage or (d1) shall be attached, all in accordance with the directives under this Ordinance;
(3)A certificate of compliance with the Commissioner's requirements shall be issued for goods that meet the requirements of a control Order and the directives of the Commissioner for Standardisation under this Ordinance, provided that no instruction has been given by the Commissioner for Standardisation to refrain from issuing the certificate; the Commissioner for Standardisation may, by a reasoned written decision, direct that such a certificate not be issued if he has found that there is a concern of harm to the welfare, health or safety of the public or to the quality of the environment;
(3a)Goods that have been sampled under the provisions of section 2o shall not be released from the supervision of the Customs Authority except after receipt of an approval from the Commissioner for Standardisation enabling the Director under the Customs Ordinance to grant a permit in respect of the goods in accordance with the provisions of section 65 of the Customs Ordinance, in matters relating to the exercise of the powers of the Commissioner for Standardisation under this Ordinance (in this Ordinance – approval for a permit);
(4)Nothing in the provisions of paragraphs (1) or (3a) shall derogate from the obligation to obtain approval from a competent authority or another body under any law, prior to the release of the goods from the supervision of the Customs Authority.
(b)
(1)Notwithstanding the provisions of subsection (a)(1), the Commissioner for Standardisation may prescribe directives concerning the release of goods from the supervision of the Customs Authority to the importer's warehouses, by a testing laboratory, before the importer has received a certificate of compliance with the Commissioner's requirements (hereinafter – conditional release approval), on such conditions as he directs, including the receipt of a written undertaking from the importer to comply with the requirements of the control Order and the directives of the Commissioner for Standardisation, and in appropriate cases the receipt of a guarantee in favour of the State Treasury to secure compliance with those requirements;
(2)Where a testing laboratory has granted a conditional release approval, the laboratory shall act in accordance with the directives of the Commissioner for Standardisation in order to ensure that the importer fulfils the conditions for receipt of a conditional release approval, including the undertakings given by the importer; if a testing laboratory finds that not all the conditions for receipt of a conditional release approval have been fulfilled or that the undertakings of the importer have not been fulfilled, the laboratory shall act in accordance with the directives of the Commissioner for Standardisation under this Ordinance, including by reporting thereon in the manner directed by the Commissioner;
(3)The Commissioner for Standardisation may prevent or delay the granting of a conditional release approval if he has found that there is a concern of harm to the welfare, health or safety of the public or to the quality of the environment;
(4)The Minister of Economy and Industry shall prescribe provisions concerning the requirement of a guarantee as a condition for the granting of a conditional release approval, including provisions concerning the type of guarantee, its conditions, its amount and its forfeiture.

Detention of goods by the Standards Commissioner§

2e1.

Notwithstanding the provisions of sections 2e(a)(3a) and 2o(a3)(3), if the Standards Commissioner is of the opinion that there is a substantial concern of harm to public health, welfare or safety or to the quality of the environment, in a manner that does not permit the approval of the marketing of the goods before the results of the sampling are received, he may –

(1)make the approval for release conditional upon receipt of a written undertaking from the importer to comply with the requirements of the supervision order and the directives of the Standards Commissioner, and in appropriate cases – receipt of a guarantee in favour of the State Treasury to secure compliance with those requirements, all in accordance with the provisions prescribed by the Minister of Economy and Industry under section 2e(b)(4);
(2)defer the grant of the approval for release until the results of the sample examination are received; upon receipt of those results, he may order the rectification of the defects, the destruction of the goods or their return to the supplier from whom they were purchased.

Declaration§

2f.
(a)Where a supervision order or the directives of the Standards Commissioner have prescribed, in respect of imported goods, an obligation to keep a declaration by the importer in the product file concerning the conformity of the imported goods with the standardisation requirements as referred to in section 9(a)(1) of the Standards Law, the importer of the goods shall so declare and shall submit the declaration to the Standards Commissioner, if the Standards Commissioner has so required under the provisions of section 2o(a2) or 2p; the Standards Commissioner may prescribe directives regarding the particulars of the declaration, including documents to be attached thereto; the directives of the Standards Commissioner shall not require documents whose obtaining or use requires a direct relationship between the importer and the manufacturer, including documents from the manufacturer, except in circumstances as referred to in subsection (b)(1)(c).
(a1)Notwithstanding the provisions of subsection (a), the Standards Commissioner shall prescribe in his directives the circumstances and conditions upon the fulfilment of which an importer shall be entitled to declare that, in respect of part of the standardisation requirements, compliance with the requirements shall be adapted after importation and before marketing of the goods.
(b)Without derogating from the provisions of subsection (a), for the purpose of proving the conformity of goods with the requirements of an international standard including its updates, including foreign regulation, adopted in an official standard, in whole or in part, as referred to in section 9(a)(1)(b) of the Standards Law, the importer of the goods shall keep in the product file a declaration of conformity of the goods with the requirements referred to in that section, which shall be submitted to the Standards Commissioner if the Standards Commissioner has so required under the provisions of section 2o(a2) or 2p, and shall also keep, as aforesaid, the following documents:
(1)one of the following:
(a)a test certificate from a laboratory accredited by a body that is a member of the ILAC Organisation or the GLOBAL ACI Organisation, or from the Standards Institution, according to which the goods comply with the requirements of an international standard including its updates that has been adopted as an official standard, in whole or in part;
(b)a test certificate from a laboratory that is not accredited as referred to in sub-paragraph (a), according to which the goods comply with the requirements of an international standard including its updates that has been adopted as an official standard, in whole or in part, as well as approval from a conformity assessment body;
(c)a document attesting to conformity with the foreign regulation applicable to the goods;
(2)(Repealed)
(3)an undertaking that the goods in the consignment are of the type of goods to which the certificate or document referred to in paragraph (1)(a) to (c) relates, as chosen by the importer;
(4)an undertaking to complete the marking required under Israeli law and to adapt goods that are electrical appliances to the electricity network in use in Israel before their marketing.
(b1)Notwithstanding the provisions of subsection (a), an importer of goods who imports in accordance with the requirements of the adopted European regulation, as referred to in section 2a(a1), shall keep in the product file a declaration, which shall be submitted to the Standards Commissioner upon his request, stating that –
(1)he is not aware of any defect liable to cause harm to the integrity or quality of the goods;
(2)he is not aware of any non-conformity of the goods with the adopted European regulation;
(3)he undertakes to follow on a continuous basis any information published concerning the goods, as detailed below, and also to act in accordance with any instructions or warnings included in such information, and to report thereon to the Standards Commissioner:
(a)information published in the EU Rapid Alert System for Dangerous Non-Food Products (RAPEX);
(b)official announcements by the manufacturer or its representative.
(b2)In addition to the provisions of subsection (b1), an importer of goods who imports goods in accordance with the requirements of the adopted European regulation, and the goods would have been required to comply with the provisions of section 2a(c) or (d) had they been imported otherwise than in accordance with the requirements of the adopted European regulation as referred to in section 2a(a1), shall be required to keep in the product file one of the following:
(1)a declaration that the product is lawfully marketed in the member states of the European Union at the time of importation of the product;
(2)a manufacturer's declaration as required under the European regulation – DOC – Declaration Of Conformity or Declaration Of Compliance;
(3)a declaration by the manufacturer as to the conformity of the product with the requirements of the European regulation applicable to it.
(c)
(1)In this section –

"ILAC Organisation" – the International Laboratory Accreditation Cooperation;

"GLOBAL ACI Organisation" – the Global Accreditation Cooperation Incorporated;

"conformity assessment body" (Conformity Assessment Body) – a conformity assessment body in accordance with the requirements of foreign regulation or in accordance with a multilateral agreement between laboratories and product certification bodies, which is affiliated with an international standardisation organisation for electro-mechanical standards (International Electrotechnical Commission) for the recognition of test results and product certification (IECEE CB Scheme);

(2)Accreditation granted by the ILAC Organisation, as well as test certificates issued by a body accredited by the ILAC Organisation, shall remain in force during the transition period prescribed by the GLOBAL ACI Organisation.
(d)The Minister of Economy and Industry, in consultation with the Standards Commissioner, may, by Order, exempt from the obligation to hold a declaration as referred to in this section, in respect of a type of goods, for a period not exceeding one year, if satisfied that there is a special and substantial need therefor and that granting the exemption does not pose a danger to the welfare or safety of the public.

Laboratory test approval§

2g.
(a)Where an obligation to submit a laboratory test approval for the purpose of obtaining approval of compliance with the Commissioner's requirements has been prescribed under section 2a(d) or (d1) in respect of imported goods, the importer of the goods shall submit to a testing laboratory an application for a laboratory test approval, together with all required documents, in accordance with the directives of the Standards Commissioner.
(b)For the purpose of granting a laboratory test approval as referred to in subsection (a), a testing laboratory shall carry out tests in accordance with the directives of the Standards Commissioner, and shall record in the communications and information system under section 2m all of the following: the information relating to the findings of the tests it conducted, the particulars of the importer of the goods, the particulars of the goods, the official standard applicable to the goods tested, the directives of the Standards Commissioner pursuant to which it acted in relation to the goods and conducted the test, the name of the manufacturer, the country of manufacture and any other particular prescribed by the Standards Commissioner in his directives; if a testing laboratory becomes aware that any of the particulars it recorded in the communications and information system has changed, the laboratory shall record the changed particulars in the communications and information system without delay.
(c)
(1)A testing laboratory shall not carry out a test for the purpose of granting a consignment approval unless it has carried out the test for the purpose of granting the type approval in respect of the same goods;
(2)Notwithstanding the provisions of paragraph (1), a testing laboratory may carry out a test for the purpose of granting a consignment approval even if the type examination was carried out by another laboratory, upon the fulfilment of one of the following:
(a)there exists a cooperation agreement between the testing laboratory carrying out the consignment approval and another testing laboratory that carried out the type examination; such a cooperation agreement shall be presented to the Standards Commissioner upon his request, and he may make the continuation of activity thereunder conditional upon conditions he shall prescribe; for this purpose, "cooperation agreement" – an agreement that ensures that –
(1)the laboratory that carried out the type examination shall transfer all the information required to carry out the test to the laboratory carrying out the consignment approval for the purpose of carrying out the consignment approval in a reliable manner, including the product file of the goods being tested and a waiver of client confidentiality;
(2)the laboratory carrying out the consignment approval shall transfer to the laboratory that granted the type approval the information essential for the purpose of continuing the recognition of the type approval;
(b)there exists a recognition agreement between the testing laboratory carrying out the consignment approval and a laboratory operating outside Israel, in respect of recognition of the results of tests conducted by the laboratory operating outside Israel and in respect of obtaining all required information in a manner that enables the testing laboratory in Israel to use the test results as if they were tests conducted by it, provided that the Standards Commissioner has approved in advance and in writing that the agreement satisfies his requirements in accordance with the provisions of paragraph (3); for this purpose, "recognition agreement" – an agreement between laboratories or between a laboratory and an international organisation of which laboratories are members, which ensures compliance with the accepted procedures for laboratory tests and the reliability of the tests, as well as that the laboratory operating outside Israel shall make all required information available to the laboratory in Israel for the purpose of recognising the tests as tests conducted on its behalf and for the purpose of using the tests as its own;
(c)the laboratory that carried out the type examination is a foreign laboratory listed in an inter-governmental mutual recognition agreement, as defined in section 12(a)(2a) of the Standards Law, all subject to the provisions of that agreement and the directives issued by the Standards Commissioner in that regard;
(d)the testing laboratory carrying out the test for the purpose of granting the consignment approval has received from the importer all the information in his possession under subsection (e), relating to the goods in respect of which the type approval was granted;
(3)The Standards Commissioner shall prescribe in his directives provisions and conditions in respect of a recognition agreement as defined in sub-paragraph (2)(b), in order to ensure that such an agreement includes provisions in respect of the quality of tests carried out by laboratories that are parties to such an agreement, their reliability, the verification of their results, the receipt of information from the laboratory operating outside Israel and the control to be exercised by a laboratory operating in Israel over the tests conducted by the laboratory operating outside Israel;
(4)A test carried out by a laboratory operating outside Israel shall have the same legal status as a test carried out by the testing laboratory that made use of it, and the said testing laboratory shall be regarded, for all purposes and matters, as having approved the type.
(d)The Standards Commissioner shall prescribe in his directives detailed provisions in respect of the tests required to determine the conformity of imported goods with an official standard and for the purpose of obtaining approval of compliance with the Commissioner's requirements, including the tests required for the granting of a type approval and a consignment approval, the scope of such tests and their format; for the purpose of formulating such directives, the Standards Commissioner may consult with –
(1)the Standards Institution;
(2)recognised laboratories, or, if no laboratories have yet been recognised in the field – approved laboratories in that field as referred to in section 12 of the Standards Law;
(3)the Association of Chambers of Commerce;
(4)the Manufacturers Association of Israel, the Federation of Crafts and Industry, and any other body that is a member of the Presidents' Forum of Business Organisations that the Standards Commissioner has found it appropriate to consult.
(e)A testing laboratory that has carried out a type examination pursuant to an importer's request shall transfer to the importer all the information relating to the goods in respect of which the type approval was granted, in order to enable reliable identification of the goods; the Standards Commissioner may prescribe in his directives provisions in respect of the information to be transferred as aforesaid.

Publication of particulars of a type of goods in respect of which a type approval has been granted§

2g1.

The Standards Commissioner shall prescribe in his directives provisions in respect of the obligation of a testing laboratory to publish types of goods for which it has granted type approvals; the provisions of section 2g(d) regarding consultation shall apply to the formulation of such directives.

Cancellation, deferral, suspension or conditioning of a laboratory test approval§

2h.
(a)The Standards Commissioner may instruct a testing laboratory to cancel a laboratory test approval it has granted, to defer its grant, to make it conditional upon conditions or to suspend it pending the completion of its examination or pending the fulfilment of conditions he has prescribed, after affording the importer of the goods an opportunity to state his arguments, if he has found that one or more of the following applies:
(1)the approval was granted on the basis of false, partial, incorrect or misleading information, and had the correct and complete information been before the grantor of the approval at the time of granting it, the approval would not have been granted;
(2)a suspicion has arisen as to the reliability of the approval, including by reason of a breach of a condition of the approval or of a provision under this Ordinance or another enactment by the importer who received the approval.
(b)Notwithstanding the provisions of subsection (a), if the Standards Commissioner is of the opinion that there is an urgent need to cancel a laboratory test approval, to defer its grant, to suspend it or to make it conditional upon conditions, owing to a substantial concern of immediate harm to the welfare, health or safety of the public or to the quality of the environment, he may give a testing laboratory an instruction as referred to in subsection (a), even without having afforded the importer of the goods an opportunity to state his arguments, provided that he affords him such an opportunity as soon as possible after giving the instruction and not later than 14 business days from the date of giving the instruction as aforesaid.
(c)If the Standards Commissioner has instructed the cancellation, suspension or conditioning of a laboratory test approval under this section, he shall notify the Customs Authority accordingly.

Giving individual instructions to a testing laboratory§

2i.

The Standards Commissioner may give a testing laboratory special instructions in respect of the carrying out of particular tests, tests of particular goods or tests on behalf of a particular importer, including to instruct –

(1)the manner of carrying out the tests, the taking of samples and their submission for laboratory testing, including at another laboratory, operating in Israel or outside it, or their preservation for a period he shall prescribe or to deal with them in another manner;
(2)a full examination of conformity with the requirements of an official standard applicable to the goods, an additional test, a partial test, a repeat test, a supplementary test, all at the testing laboratory or at another laboratory, operating in Israel or outside it;
(3)the place at which the tests are to be carried out.

Time periods for carrying out tests for consignment approval§

2i1.

The Standards Commissioner shall prescribe the maximum time periods for carrying out tests for consignment approval by a testing laboratory and provisions in respect of the obligation of testing laboratories to publish data and information on time periods for carrying out tests for consignment approval in accordance with the provisions under this Ordinance.

Recognition of laboratories§

2j.
(a)The Standards Commissioner may grant a laboratory that he has approved in accordance with the provisions of section 12(a) of the Standards Law, recognition to carry out conformity tests or to grant a conformity approval as referred to in that section 12(a), as the case may be, of imported goods with an official standard, with an international standard adopted in an official standard, with foreign regulation listed in the Fourth Schedule or with adopted European regulation, as the case may be, provided that he has found that the laboratory is equipped to comply with the provisions under this Ordinance in the areas of activity for which the approval under that section 12(a) was granted, including the directives of the Standards Commissioner, including in respect of connection to the communications and information system.
(b)The Minister of Economy and Industry may, on the recommendation of the Standards Commissioner –
(1)prescribe provisions in respect of the granting of recognition under subsection (a), including additional conditions for such recognition;
(2)with the consent of the Minister of Finance, prescribe additional conditions beyond the conditions for granting recognition under subsection (a), in respect of a required standards test basket for a particular type of goods or the obligation of the laboratory to carry out tests in the areas of activity for which it was granted approval under section 12(a) of the Standards Law, for the purpose of meeting the needs of the Israeli economy.
(c)The Standards Commissioner may revoke recognition of a laboratory as referred to in subsection (a), suspend it, restrict it or refuse to renew it, and the provisions of section 12(a1) of the Standards Law shall apply thereto, with the necessary modifications.
(d)If the Standards Commissioner has decided to revoke recognition of a laboratory, to suspend it, to restrict it or to refuse to renew it under subsection (c), he shall notify the Customs Authority accordingly.

Legal status of employees, managers, office holders and examiners in a recognised laboratory§

2k.

Employees, managers, office holders and examiners in a recognised laboratory, including any person assisting them in the exercise of authority or in the provision of a service, shall, in respect of their functions under this Ordinance, have the same legal status as State employees for the purposes of the following enactments:

(1)Public Service (Gifts) Law, 5740-1979;
(2)Public Service (Restrictions after Retirement) Law, 5729-1969;
(3)the Penal Law, 5737-1977, in respect of the provisions relating to public employees.

Duties of goods importers§

2l.
(a)The following duties shall apply to a goods importer, in addition to the duties imposed on it under the Standards Law:
(1)A goods importer shall retain the particulars and documents listed in the First Schedule, in respect of each consignment of goods, for a period of not less than seven years from the date of release of the last consignment of goods of the same model; however, a goods importer that imports in accordance with the requirements of the adopted European regulation, as referred to in section 2a(a1), shall not be required to retain particulars and documents attesting to the conformity of the goods with the requirements of that regulation;
(2)A goods importer shall retain, for a period of not less than seven years, the list of dealers to whom it transferred the goods directly;
(3)A goods importer shall enable a testing laboratory with which it has contracted for the purpose of obtaining a laboratory testing approval to carry out any act required for the purpose of issuing the approval and examining compliance with its undertakings pursuant to a conditional release approval, including enabling the testing laboratory to enter the premises in which the goods are stored and to take documents and samples necessary for carrying out the testing in accordance with the instructions of the Standards Commissioner;
(4)Once an importer has commenced testing of a particular good in a particular consignment for the purpose of approval of that consignment by one testing laboratory, it shall not be entitled to continue carrying out the testing of that good in that consignment or to recommence carrying out that testing at another testing laboratory, unless it has received prior written approval therefor from the Standards Commissioner on account of a delay in carrying out the testing for reasons beyond the control of the importer's actions, or where exceptional circumstances justifying this exist, in the opinion of the Standards Commissioner and as the Standards Commissioner shall detail.
(5)A goods importer that imports in accordance with the requirements of the adopted European regulation, as referred to in section 2a(a1), shall document the publications in the European Union alert systems referred to in section 2f(b1)(3) concerning damage or a risk of damage to public health or safety or to environmental quality as a result of the use of the goods, and the official notices of the manufacturer or its representative in this regard, for a period of not less than seven years from the date of publication, and shall report thereon to the Standards Commissioner.
(b)Without derogating from the generality of what is stated in subsection (a), the receipt of an approval of compliance with the requirements of the Standards Commissioner under this Ordinance, or compliance with the requirements detailed in section 2a(b) or (c) or section 2f, shall not derogate from the responsibility of an importer to comply with all standardisation requirements as referred to in section 9(a)(1) of the Standards Law applicable to the goods, and with the provisions of any law relating to the goods, including under section 9(a) and (a2)(1) and (2) of the Standards Law.
(c)Notwithstanding what is stated in subsection (a)(1), a goods importer is exempt from the duty to retain the particulars and documents referred to in item 1(6) and (9) of the First Schedule in respect of goods that are not intended for marketing and distribution to the public and are one of the following, provided that it has retained a declaration as to the goods being one of the following goods:
(1)goods that are samples;
(2)goods intended for use in a manufacturing process;
(3)goods intended for personal use;
(4)goods intended as spare parts for industry.
(d)The Standards Commissioner may, by a reasoned written decision, exempt a goods importer from the duty to retain a product file, in whole or in part, in respect of goods that are not intended for marketing and distribution to the public and are not listed in subsection (c).
(e)Notwithstanding what is stated in subsection (a)(1), a goods importer is exempt from the duty to retain the particulars and documents referred to in item 1(6) and (9) of the First Schedule in respect of goods that are original spare parts for consumer products, provided that it has retained in the product file a declaration as referred to in section 2f and a declaration as to the goods being goods intended as spare parts as aforesaid.
(f)Notwithstanding what is stated in subsection (a)(1), a goods importer is exempt from the duty to retain the particulars and documents referred to in item 1(6) and (9) of the First Schedule in respect of goods that are donations, provided that it has retained a declaration under the conditions set by the Standards Commissioner in its guidelines and a declaration as to the goods being donations as aforesaid.
(g)Notwithstanding what is stated in subsection (a)(1), a goods importer is exempt from the duty to retain in the product file the particulars and documents referred to in item 1(6) and (9) of the First Schedule in respect of goods included in the Third Schedule to an Order made under sections 2 and 2a(b) concerning an import group; however, the Minister of Economy and Industry, on the recommendation of the Standards Commissioner, may, by Order, prescribe that in respect of types of goods from among those goods, the duty to retain the documents as aforesaid shall apply, if satisfied that there is a genuine need to attest to the conformity of the goods with standardisation requirements.

Receipt and transfer of information§

2l1.
(a)The Director or an employee of the Tax Authority authorised by the Director shall provide the Standards Commissioner or an employee of the Ministry of Economy and Industry authorised by the Standards Commissioner (in this section – an authorised employee) with any information or document in accordance with the rules under subsection (b), that is required for the purpose of exercising the Standards Commissioner's powers under this Ordinance or in order to facilitate its implementation with regard to imported goods or to goods importers; the transfer of information or documents under this subsection may be carried out on an ongoing basis, by automated means, or at the request of the Standards Commissioner or an authorised employee.
(b)The Director, with the consent of the Standards Commissioner, shall prescribe by rules the information and documents to be transferred in accordance with the provisions of subsection (a); rules as aforesaid shall be published in Reshumot (Official Gazette).
(c)The Standards Commissioner or an authorised employee may provide the Director or an employee of the Tax Authority authorised by the Director with any information or document required for the purpose of exercising powers under law with regard to goods subject to an official standard, and the provisions of the second part of subsection (a) shall apply, mutatis mutandis, to the transfer of such information.
(d)The Standards Commissioner or an authorised employee who holds information provided to them under the provisions of subsection (a) may transfer it to a testing laboratory as referred to in section 2p1, for the purpose of exercising powers under this Ordinance or in order to facilitate its implementation, provided that the importer's consent has been obtained in the manner prescribed by the Standards Commissioner in its guidelines.
(e)An employee of a testing laboratory, including any person who assists it in exercising a power or providing a service with regard to its function under this Ordinance, to whom information has been transferred under this section, shall not disclose it to another person and shall not make any use of it except for the purpose of exercising a power or providing a service as aforesaid, or pursuant to a court order.

The communications and information system§

2m.
(a)The Standards Commissioner shall maintain a communications and information system that shall include information concerning approaches by goods importers to testing laboratories for the purpose of carrying out tests in order to obtain laboratory testing approvals, and also information concerning tests carried out by such laboratories at the request of the Standards Commissioner for the purpose of exercising powers under this Ordinance; information referred to in this subsection shall include, inter alia, a record of test results, the dates on which they were conducted, copies of laboratory testing approvals that were issued, and any other identifying detail relating to the goods tested that is required under the provisions of this Ordinance (in this Ordinance – the communications and information system).
(b)The Standards Commissioner may, subject to the provisions of any law, prescribe provisions concerning those authorised to inspect information contained in the communications and information system or to enter information into it, and concerning the scope of authorisation and restrictions on the scope of inspection or entry of information, and may prescribe different inspection arrangements that shall apply to the Customs Authority, the Standards Institution, accredited laboratories and goods importers, all subject to the provisions of any law, including provisions concerning the protection of trade secrets.
(c)A person to whom information from the communications and information system has come, contrary to the provisions under this Ordinance, including without appropriate authorisation, shall report this to the Standards Commissioner immediately, shall not disclose it to another person and shall not make any use of it except with the prior written approval of the Standards Commissioner.
2n.§

(Repealed — תשפ״ד־2)

Supervision powers§

2o.
(a)For the purpose of supervising the regulation of the import of goods under the provisions of sections 2a to 2m, including supervision of testing laboratories, the Standards Commissioner and an inspector who is an employee of the Ministry of Economy and Industry appointed under section 10(a1) of the Standards Law shall be vested with all the powers listed in section 10(b) and (b1) of that Law, mutatis mutandis and subject to the provisions of section 10(b2), provided that they have received appropriate training as directed by the Standards Commissioner on matters relating to this Ordinance; the powers of the Standards Commissioner under this section may be exercised by an inspector as aforesaid.
(a1)The Standards Commissioner shall operate a supervision and control system based, inter alia, on the customs alert system, on the basis of risk management, for the examination of import declarations submitted in respect of goods to which an official standard applies and to which the provisions referred to in section 2a(a1), (b) and (c) apply, by way of a sample inspection of the goods or of the product file, as detailed in subsections (a2) and (a3), at its discretion; the goods shall be tested for their conformity with the requirements of the official standard, unless the importer has presented a declaration concerning the conformity of the goods with an international standard as referred to in section 9(a)(1)(b) or (d) of the Standards Law, or documents attesting thereto, as detailed in section 2f(b) or (b1).
(a2)Where the Standards Commissioner has decided to sample the product file, the following shall apply:
(1)a clearance approval shall be withheld until the product file is presented or a laboratory testing approval is obtained if required under the provisions of paragraph (5);
(2)the Standards Commissioner shall immediately issue the importer with a requirement to present the product file;
(3)the importer shall be required to present the product file within 144 hours of the time of receipt of the requirement under paragraph (2);
(4)immediately upon presentation of the product file and concurrently with the examination of its contents, the Standards Commissioner shall send a clearance approval to the Customs Authority;
(5)if the period referred to in paragraph (3) has elapsed and the importer has not presented a product file to the Standards Commissioner, a laboratory testing approval shall be required as a condition for the release of the goods.
(a3)Where the Standards Commissioner has decided to sample the goods, the following shall apply:
(1)the clearance approval shall be withheld until the importer's undertaking is received that it will enable the sampling to be carried out at the customs facility or at the importer's warehouses, at the importer's choice;
(2)the Standards Commissioner shall immediately issue the importer with a requirement to carry out sampling of the goods and to receive the importer's undertaking as referred to in paragraph (1);
(2a)the importer shall be required to present the undertaking within 144 hours of the time of receipt of the requirement under paragraph (2);
(3)immediately upon receipt of the importer's undertaking to carry out the sampling at the importer's warehouses, the Standards Commissioner shall send a clearance approval; if the importer has decided that the goods are to be sampled at the Customs Authority, the sampling shall be carried out, and immediately upon its completion the Standards Commissioner shall send a clearance approval, and concurrently the sample shall be sent for testing.
(b)Notice of inspectors vested with powers under this section shall be published in Reshumot (Official Gazette).

Powers of the Standards Commissioner to demand information and documents§

2p.
(a)Without derogating from the provisions of section 2o, the Standards Commissioner may require a goods importer or a testing laboratory to provide it, at the time, in the format and in the manner it directs, with any information required for the purpose of exercising its powers under this Ordinance or in order to facilitate its implementation; the powers of the Standards Commissioner under this subsection may be exercised by an inspector as referred to in section 2o(a).
(b)The Standards Commissioner may prescribe provisions concerning the manner of retaining information required under the provisions of this Ordinance, in order to ensure that the information is retained in a reliable, clear and legible manner; if the Standards Commissioner is satisfied that it is possible to approve the retention of information in digital form, it may, inter alia, direct methods for the periodic backup of the information and means of access to it, including directing the arrangements required for the purpose of supervising compliance with the provisions of this Ordinance, and it may permit retention of information in digital form for categories of importers, and also prescribe different provisions having regard to categories of laboratories or categories of importers, their size, the scope of their activity, the categories of goods or the categories of information.

Assistance to the Standards Commissioner by testing laboratories, their powers and duties§

2p1.
(a)The Standards Commissioner may avail itself of a testing laboratory for the purpose of carrying out a sample inspection of the goods or of the product file under section 2o(a1); in the framework of availing itself of a testing laboratory under this section, a testing laboratory may send the importer notices and requirements on behalf of the Standards Commissioner.
(b)For the purpose of the assistance referred to in subsection (a), a testing laboratory and any person who assists it as referred to in section 2k shall act on behalf of the Standards Commissioner in accordance with its guidelines and instructions and under its supervision, and shall not exercise any power that involves the exercise of discretion vested in the Standards Commissioner under law.
(c)The testing laboratory may carry out the sample inspection and act in accordance with its results and the guidelines of the Standards Commissioner, as detailed below:
(1)in respect of a sample inspection of a product file –
(a)the laboratory shall check whether the product file contains all the particulars and documents listed in the First Schedule that are to be retained under section 2l(a)(1);
(b)if the result of the inspection shows that the product file contains all the particulars and documents referred to in sub-paragraph (a), the laboratory shall notify the Standards Commissioner and the importer accordingly;
(c)if the result of the inspection shows that the product file does not contain all the particulars and documents referred to in sub-paragraph (a), the laboratory shall send the importer a requirement notice to complete the missing particulars and documents within the timeframes set in the Standards Commissioner's instructions, and shall notify the Standards Commissioner accordingly;
(d)if the importer has not completed the particulars and documents it was required to complete under sub-paragraph (c) within the timeframes set therefor, the laboratory shall send the importer a requirement notice for the immediate cessation of the sale of the goods and shall notify the Standards Commissioner accordingly;
(e)the requirement notice under sub-paragraph (d) shall remain in force until the product file has been completed as required and an approved laboratory certificate attesting to the conformity of the goods with the standardisation requirements referred to in section 9(a)(1) of the Standards Law has been presented; for this purpose, "approved laboratory" – as defined in section 12(a)(1) of the Standards Law;
(f)after the product file has been completed as required and the certificate referred to in sub-paragraph (e) has been presented, the laboratory shall notify the importer and the Standards Commissioner accordingly; upon delivery of the notice, the cessation of sale notice shall be cancelled;
(2)in respect of a sample inspection of the goods –
(a)the laboratory shall test the conformity of the goods with the standardisation requirements applicable to them as referred to in section 9(a)(1) of the Standards Law;
(b)if the result of the inspection shows that the goods conform to the standardisation requirements referred to in section 9(a)(1) of the Standards Law, the laboratory shall notify the Standards Commissioner and the importer accordingly;
(c)if the result of the inspection shows that the goods do not conform to the standardisation requirements referred to in section 9(a)(1) of the Standards Law, the laboratory shall notify the Standards Commissioner accordingly and shall send the importer a requirement notice that shall include all of the following:
(1)a requirement for the immediate cessation of the sale of the goods and for the recall of goods that have not yet been sold to the public from all points of sale;
(2)a requirement to carry out one of the following acts, at the importer's choice:
(a)rectification of the defects and receipt of the laboratory's approval thereof;
(b)destruction of the goods or their return to the supplier from whom the goods were purchased;
(d)if the laboratory has found, in accordance with its professional assessment, that the goods do not conform to the standardisation requirements referred to in section 9(a)(1) of the Standards Law, and in accordance with the guidelines of the Standards Commissioner, the goods constitute a danger to the public, it shall notify the Standards Commissioner thereof without delay, so that the Standards Commissioner may consider exercising its powers under section 10a or 10b of the Standards Law;
(e)if the Standards Commissioner has decided to exercise its powers under section 10a or 10b of the Standards Law, following receipt of a notice from the laboratory as referred to in sub-paragraph (d), it shall be entitled to send notices to importers under those sections by means of the laboratory, provided that it is stated on the notice that it is pursuant to the Standards Commissioner's decision.
(d)For the purpose of implementing the provisions of this section, testing laboratories shall exercise the powers conferred on them under sections 2e and 2g.

Objection§

2p2.
(a)An objection may be filed with the Standards Commissioner against a requirement notice of a testing laboratory as referred to in section 2p1, within 14 days of the date of receipt of the laboratory's notice; an objection as aforesaid shall be filed together with a copy to the laboratory, which shall send its response within ten days; the Standards Commissioner may direct the manner of filing an objection as aforesaid.
(b)The filing of an objection under subsection (a) shall not cancel the validity of a requirement notice as referred to in section 2p1.
(c)Notice of the decision on the objection shall be provided to the importer and to the laboratory.

Supervision by the Standards Commissioner of testing laboratories§

2p3.
(a)The Standards Commissioner and an inspector as defined in section 2o may make use of their powers under sections 2o and 2p for the purpose of supervising the activities of the laboratories under section 2p1.
(b)The Standards Commissioner shall prescribe in its guidelines provisions that shall apply to testing laboratories for the purpose of supervision and control of their activities under section 2p1; provisions as aforesaid shall be published on the website of the Ministry of Economy and Industry, and the Standards Commissioner may direct additional means of publishing the provisions.

Prevention of conflicts of interest in the work of a testing laboratory§

2p4.

A testing laboratory and any person who assists it in exercising a power or providing a service as referred to in section 2k shall not carry out sample inspections as referred to in section 2p1, if dealing with them is liable to cause them to be placed, directly or indirectly, in a situation of conflict of interests; if any of them becomes aware of a concern of a conflict of interests as aforesaid, they shall cease to deal with the inspection and shall notify the Standards Commissioner accordingly; the provisions of section 12(a2)(3) and (4) of the Standards Law applicable to an approved laboratory shall apply, mutatis mutandis, to a testing laboratory and to any person who assists it as referred to in this section.

Preservation of powers and limitation on application§

2q.
(a)Nothing in the provisions of sections 2e to 2p4 shall —
(1)derogate from or alter the powers of any competent authority under this Ordinance or confer on it an additional power;
(2)derogate from powers under the Customs Ordinance.
(b)Without derogating from the generality of what is stated in subsection (a), sections 2e to 2p4 shall not apply in relation to the import of goods that are food as defined in the Public Health Protection (Food) Law, 5776-2015.

Publication of supervision and enforcement data§

2q1.
(a)The Standards Commissioner shall publish, once a year, on 1 July or shortly thereafter, data as detailed below on the website of the Ministry of Economy and Industry concerning supervision and enforcement actions carried out under the provisions of this Ordinance and under the provisions of the Standards Law in the year preceding the date of publication:
(1)the number of samples of product files and of imported goods carried out for the purpose of testing whether the goods conform to standardisation requirements, including the number of violations found in those samples;
(2)the number of cases in which market surveillance was carried out, including the number of cases of taking of samples, and also the rate of goods found not to conform to standardisation requirements; for this purpose, "taking" – as defined in section 10(b) of the Standards Law;
(3)the number of warnings published under section 10a of the Standards Law, in respect of goods found not to conform to standardisation requirements and that are liable to endanger the public;
(4)without derogating from the provisions of section 14p – the number of administrative warnings issued and the number of financial sanctions imposed;
(5)the number of criminal proceedings in which an indictment was filed.
(b)Data under this section shall be published without identifying details of the violators.
(c)In this section, "standardisation requirements" – standardisation requirements as referred to in section 9(a)(1) of the Standards Law.

Exceptions Committee§

2r.
(a)An Exceptions Committee shall be established, whose function is to make recommendations to the Minister of Economy and Industry (in this section – the Minister) regarding the addition of a standard to the Third Schedule of the Standards Law in accordance with section 9(a)(5)(b) of that Law.
(b)The composition of the Exceptions Committee shall be as follows:
(1)an employee of the Prime Minister's Office appointed by the Director General of the Prime Minister's Office, who shall serve as chairperson;
(2)the Director General of the Ministry of Justice, or an employee of the Ministry of Justice appointed by him for this purpose;
(3)the Supervisor of Import Legality in the Ministry of Economy and Industry;
(4)an employee of the Budget Division of the Ministry of Finance appointed by the Budget Commissioner;
(5)an employee of the Competition Authority appointed by the Commissioner of Competition;
(6)the Standards Commissioner;
(7)the Commissioner of the Consumer Protection and Fair Trade Authority, or an employee of the Authority appointed by the Consumer Protection and Fair Trade Commissioner for this purpose.
(c)A notice of the appointment of members of the Exceptions Committee and the composition of the sitting Committee shall be published on the website of the Prime Minister's Office.
(d)The Minister or the Standards Commissioner shall refer to the Exceptions Committee in order to obtain its recommendation regarding the addition of a standard as referred to in subsection (a); the referral shall be accompanied by the details of the standard under consideration and an opinion from the Standards Commissioner regarding the existence of a concern of harm to public safety, public health or the environment, as well as consideration of competition concerns and the reduction of the cost of living.
(e)The Exceptions Committee shall transmit its recommendation to the Minister within 60 days of the date of receipt of the referral and shall set out its reasons in its decision; if the Exceptions Committee has not transmitted its recommendation within the said period, or has notified during that period that it does not intend to consider the referral, it shall be deemed to have recommended adding the standard in accordance with subsection (g).
(f)The Exceptions Committee shall publish its recommendation on the website of the Prime Minister's Office, provided that the information published shall not include information that may not be disclosed pursuant to section 9(a) of the Freedom of Information Law, 5758-1998; the Committee may refrain from including in such publication information that need not be disclosed pursuant to section 9(b) of that Law.
(g)If the Exceptions Committee has recommended adding the standard to the Third Schedule of the Standards Law, the Minister may do so.
(h)If the Exceptions Committee has recommended to the Minister that a standard not be added to the Third Schedule of the Standards Law, the Minister may refer to the Government for its approval to add the standard.
(i)The referral of the Minister to the Government for its approval to add the standard as referred to in subsection (h) shall be accompanied by the details of the standard under consideration, the recommendation of the Exceptions Committee, and the Minister's position setting out his reasons for not adopting the recommendation of the Exceptions Committee.
(j)If the Minister has referred to the Government pursuant to subsection (h), he shall notify the Exceptions Committee thereof, and he may add, by Order, whose validity shall not exceed three months from the date of notification to the Exceptions Committee, the standard to the Third Schedule (in this section – a temporary Order), provided that no Order under this subsection and an Order issued under subsection (o) shall be in force at the same time in respect of the same standard.
(k)The Government shall make a decision regarding the Minister's referral as referred to in subsection (h) within 21 days of the date of the Minister's referral to the Government, and it may extend the period by additional periods, provided that the total additional period shall not exceed 42 days; the Government shall be entitled to exercise its power under this section through a ministerial committee, as it shall decide.
(l)If the Government has decided not to add the standard to the Third Schedule and the Minister has made a temporary Order pursuant to subsection (j) and the Order is in force at the time the Government's decision is made, the Minister shall cancel the Order as soon as possible.
(m)If the Government has not decided within the period prescribed in subsection (k), the Minister's referral for the addition of the standard shall be deemed to have been approved by the Government, unless the Minister has withdrawn his referral pursuant to subsection (h) before the end of that period.
(n)If the Government has decided to add the standard to the Third Schedule of the Standards Law, or if the Minister's referral for the addition of the standard has been approved by reason of the expiry of the period as referred to in subsection (k), the Minister may, with the approval of the Economics Committee of the Knesset, add the standard to the Third Schedule of the Standards Law by Order; if an Order as aforesaid has been brought for the approval of the Economics Committee and the Minister has made a temporary Order, he may extend the validity of the temporary Order for as long as the Economics Committee has not decided whether to approve the Order.
(o)
(1)Notwithstanding the provisions of this section, if the Minister considers, including following a referral from the public, that there is an immediate concern of harm to state security, public health, public safety or the environment, or that there is another vital need, he may add a standard to the Third Schedule of the Standards Law by Order even without receiving the recommendation of the Exceptions Committee; an Order as aforesaid shall be in force for a period not exceeding three months;
(2)if the Minister has requested that an Order made under paragraph (1) remain in force for a period exceeding three months, he shall refer to the Exceptions Committee as soon as possible, and the provisions of subsections (d) to (n) shall apply to such a referral, with the necessary modifications.

Exceptions Committee in respect of Adopted European Regulation§

2r1.
(a)The Exceptions Committee established pursuant to section 2r shall also be empowered to make recommendations to the Minister of Economy and Industry (in this section – the Minister) regarding any of the following:
(1)a referral of the Minister in the matters referred to in section 9a2(a)(4) to (6) of the Standards Law;
(2)a referral of the Minister regarding the amendment of the conditions listed in items (5) to (9) of Part 3 of the Fifth Schedule of the Standards Law, in accordance with section 9a2(d)(2) of that Law;
(3)a referral of a responsible Minister as defined in section 8(d) of the Standards Law (in this section – a responsible Minister), pursuant to section 9a3(a) of the Standards Law;
(4)a referral of a body from among the bodies listed in section 9a3(b)(1) of the Standards Law, pursuant to that section;
(5)a referral of a responsible Minister regarding the adaptation of legislation to adopted European regulation, pursuant to section 9a6 of the Standards Law;
(6)a referral of the Minister to postpone the commencement date for a reason other than the reason listed in paragraph (2) of section 9a2(a) of the Standards Law, or after the expiry of the maximum period referred to in that paragraph, pursuant to section 9a2(a)(3) of that Law;
(7)a referral of the Minister pursuant to section 2a(d)(5);
(8)additional matters concerning adopted European regulation in accordance with the provisions of the Standards Law or this Ordinance.
(b)Without derogating from the provisions of section 2r(b), a responsible Minister may add as a member to the composition of the Exceptions Committee the Director General of his ministry or an employee of that ministry appointed by the Director General of that ministry, if the deliberation concerns a referral that is one of the following:
(1)a referral of a responsible Minister to the Exceptions Committee pursuant to section 9a3(a) or section 9a6 of the Standards Law;
(2)a referral to the Exceptions Committee of a body from among the bodies referred to in section 9a3(b) of the Standards Law, if that referral is within the area of competence of the responsible Minister.
(c)
(1)In a deliberation on a referral pursuant to subsection (a)(7), a responsible Minister may add as an observer to the composition of the Exceptions Committee the Director General of his ministry or an employee of that ministry appointed by the Director General of that ministry;
(2)notwithstanding the provisions of subsection (b), in a deliberation on a matter concerning the affairs of more than one responsible Minister, the Exceptions Committee shall decide which of the responsible Ministers shall be entitled to act in accordance with the provisions of that subsection, and the other representatives of the responsible Ministers concerned shall be added as observers to the Committee's deliberation on that matter.
(d)The referral of the Minister or the responsible Minister pursuant to subsection (a), other than a referral as referred to in paragraph (2) of that subsection, shall be accompanied by the following documents:
(1)the details of the applicable binding provision in the European Union or its update, as the case may be, and if the referral is a referral of a responsible Minister regarding the adaptation of legislation to adopted European regulation pursuant to section 9a6 of the Standards Law under subsection (a)(5) – also the relevant legislation under Israeli law;
(2)the position of the Minister or the responsible Minister, as the case may be, following consultation with professional bodies and accompanied by their positions, regarding the following:
(a)the existence of a concern of harm to public safety, public health or the environment;
(b)competition concerns and the reduction of the cost of living;
(c)the existence of a unique condition in the State of Israel, if any.
(e)The Exceptions Committee shall transmit its recommendation, in response to a referral of the Minister pursuant to section 9a2(b) of the Standards Law and a referral of a responsible Minister pursuant to section 9a3(a) of that Law, within 90 days of the date of receipt of the referral, and shall set out its reasons in its decision; the Committee shall notify the Minister and the responsible Minister of its decision, and shall publish its decision as referred to in section 2r(f).
(f)If the Exceptions Committee has not transmitted its recommendation within the period referred to in subsection (e), or has notified during that period that it does not intend to consider the referral, it shall be deemed to have recommended accepting the position of the Minister or the responsible Minister, as the case may be, in accordance with the provisions of subsection (g).
(g)If the Exceptions Committee has made a recommendation in accordance with the position of the Minister who referred pursuant to section 9a2(b) of the Standards Law, or in accordance with the position of a responsible Minister who referred pursuant to section 9a3(a) of that Law, the Minister shall refer to the Economics Committee of the Knesset for the approval of an Order to amend the Fifth Schedule, if such approval is required pursuant to section 9a2(c) of the Standards Law, within 30 days of the date of the Exceptions Committee's decision; if the Minister has not brought the Order for the approval of the Economics Committee of the Knesset within that period, the responsible Minister may refer to the Economics Committee of the Knesset with a request that it hold a deliberation on the matter.
(g1)An Order pursuant to the Standards Law that has been brought for the approval of a committee of the Knesset and whose subject matter has been considered by the Exceptions Committee does not require a renewed recommendation of the Exceptions Committee, even if it has been approved by a committee of the Knesset subject to conditions or with amendments.
(h)If the Exceptions Committee has made a recommendation contrary to the position of the Minister or contrary to the position of a responsible Minister, the Minister who referred to the Exceptions Committee may refer to the Government for its approval of his position, within 30 days of receipt of the Exceptions Committee's recommendation; a copy of such referral shall be sent to the Exceptions Committee and to the Minister or the responsible Minister, as the case may be.
(i)The referral of the Minister or the responsible Minister to the Government as referred to in subsection (h) shall be accompanied by the details of the applicable binding provision in the European Union or its update, as the case may be, the recommendation of the Exceptions Committee, and the position of the Minister or the responsible Minister, as the case may be, setting out the reasons for not adopting the recommendation of the Exceptions Committee.
(j)The Government shall make a decision regarding the referral of the Minister or the responsible Minister as referred to in subsection (h), in accordance with the provisions of section 2r(k), which shall apply for this purpose with the necessary modifications.
(k)
(1)If the Government has decided to approve the referral of the Minister or the responsible Minister, in whole or in part, to reject it, or has not decided on the matter within the period referred to in section 2r(k), the Minister shall refer to the Economics Committee of the Knesset for the approval of an Order to amend the Fifth Schedule of the Standards Law, if it requires committee approval as referred to in section 9a2(c) of that Law, in accordance with the Government's decision or in accordance with the referral of the Minister or the responsible Minister, as the case may be, within 30 days of the date of the Government's decision or from the end of the period referred to in section 2r(k), as the case may be;
(2)if the Minister has not brought the Order for the approval of the Economics Committee of the Knesset within the period referred to in paragraph (1), the responsible Minister may refer to the Economics Committee of the Knesset with a request that it hold a deliberation on the matter.
(l)
(1)Notwithstanding the provisions of this section, if the Minister considers, including following a referral of a responsible Minister, that in respect of a referral as referred to in subsection (a)(1), (3) and (6), there is an immediate concern of harm to state security, public health, public safety or the environment, or that there is another vital need, he may, by Order, determine as detailed in paragraphs (3) to (6) of section 9a2(a) of the Standards Law, even without receiving the recommendation of the Exceptions Committee; an Order as aforesaid shall be in force for a period not exceeding three months; an Order under this paragraph does not require the approval of the Economics Committee of the Knesset;
(2)if the Minister has requested, including following a referral of a responsible Minister, that an Order made under paragraph (1) remain in force for a period exceeding three months, he shall refer to the Exceptions Committee as soon as possible in order to obtain its recommendation as referred to in subsection (a); if the Minister has referred to the Exceptions Committee as aforesaid, the provisions of this section shall apply to the referral, with the necessary modifications, and the Minister shall extend the Order for a period not exceeding 160 additional days and shall act in accordance with the decision of the Exceptions Committee or the Government, as the case may be.

Exceptions Committee in respect of Adopted European Regulation – Temporary Provision§

2r2.

In respect of binding provisions that, on the date of commencement of the Standards Law (Amendment No. 19), 5784-2024, were listed in the Fifth Schedule of the Standards Law, section 2r1 shall be read in respect of a referral of the Minister of Economy and Industry or a responsible Minister pursuant to sections 9a2(b) and 9a3(a) of the Standards Law, during the period from the date of publication of that Law until the 21st day of Tevet 5787 (31 December 2026), with the necessary modifications and with the following modifications:

(1)in subsection (e), instead of "90" read "180";
(2)instead of subsection (f) read:

"(f) If the Exceptions Committee has not transmitted its recommendation by the date of commencement of the binding provision, the following provisions shall apply:

(1)in respect of binding provisions whose date of commencement falls within three months of the date of commencement – the Minister shall amend, by Order, the Fifth Schedule of the Standards Law in accordance with his referral or the referral of the responsible Minister to the Exceptions Committee, provided that they referred to the Exceptions Committee before the date of commencement of the binding provision; if the Exceptions Committee has made a decision after the Order was made, the provisions of subsections (g) to (k) shall apply, with the necessary modifications and with the following modification: in subsection (j), instead of "in accordance with the provisions of section 2r(k)" read "within 63 days of the date of the referral of the Minister or the responsible Minister to the Government; the Government shall be entitled to exercise its power under this section through a ministerial committee as it shall decide";
(2)in respect of binding provisions whose date of commencement is after the date prescribed in paragraph (1) – the provisions of paragraph (1) shall apply if the Minister or the responsible Minister referred to the Exceptions Committee no later than 180 days before the date of commencement of the binding provision.".

Exceptions Committee in respect of Adopted American Regulation§

2r3.

The provisions of section 2r1 shall apply to Chapter IV-B of the Standards Law, with the necessary modifications.

Exceptions Committee in respect of Adopted American Regulation – Temporary Provision§

2r4.

The provisions of section 2r2 shall apply to Chapter IV-B of the Standards Law with the necessary modifications and with the following modification: instead of the preamble read "In respect of binding provisions that, on the date of commencement of the Standards Law (Amendment No. 21), 5786-2026, were listed in the Eighth Schedule of the Standards Law, section 2r1 shall be read in respect of a referral of the Minister of Economy and Industry or a responsible Minister pursuant to sections 9a8(b) and 9a9(a) of the Standards Law, during the period from the date of publication of that Law until the end of two years from the date of that amendment, with the necessary modifications and with the following modifications:".

Deposit§

3.
(a)The Minister of Economy may prescribe by a control Order that a person importing goods or seeking to import them or to release them from the supervision of the Customs Authority shall deposit to the credit of the Treasury a deposit at the place, in the amount, at the rate, at the time, for the period, on the terms and in the manner specified in the Order, and to prohibit the release of goods unless a deposit has been lodged in respect thereof; and the Minister of Economy may, in consultation with the Minister of Finance, prescribe by Order that the Treasury shall pay the depositor interest at the rate and on the terms specified in the Order.
(b)The Minister of Economy may prescribe by Order the duties of the depositee, including the payment of interest at such rate as the Minister of Economy shall see fit in respect of the failure to transfer the deposit to the Treasury Authority on time.
(c)The provisions of section 2 of the Customs and Excise Duties (Change of Tariff) Law, 5709-1949, shall apply to an Order concerning the lodging of a deposit as if it were an Order imposing a tax within the meaning of that section.
(d)A control Order may be varied or cancelled by a subsequent control Order.

Force of a Control Order§

4.

A control Order has the force to suspend, in whole or in part, the operation of any law prohibiting or regulating the import of goods, their export, their coastwise carriage or their loading on a vessel for the purposes of the vessel, and may include any provisions, including penal provisions – including a fine of 10,000 pounds or twice the value of the imported goods – that the Minister of Economy considers necessary to ensure the operation and enforcement of the Order.

Entry and Departure of Vessels and Aircraft§

5.

For the removal of doubt it is hereby stated that a control Order may prohibit and regulate the entry of vessels and aircraft into Israel and their departure therefrom as if they were the import and export of goods, even if those vessels or aircraft are carrying goods or passengers, and whether or not they are self-propelled; nothing in this provision shall derogate from the provisions of any enactment concerning customs in relation to vessels and aircraft.

Levies§

6.

The Minister of Economy may by Order direct the imposition and collection of levies consequent on a system of control contained in a control Order and fix their rates; such an Order may be varied or cancelled by a subsequent Order of the Minister of Economy; levies collected pursuant to this section shall be paid to the Treasury or to an official fund or account prescribed in the Order.

Illegally Shipped Goods§

7.
(a)If goods are shipped in contravention of a control Order or in contravention of the law applicable to trade with the enemy, the goods together with all means of transport used to carry them shall be forfeited and dealt with as the Minister shall direct, generally or in a particular case, provided that a vessel shall not be forfeited unless subsection (b) applies to it; the exporter or importer of the goods, or his agent, or the consignor of the goods and any person attempting to ship them, shall be liable to imprisonment for two years or a fine of three times the value of the goods or of the means of transport used to carry them, whichever is the greater amount.
(b)Where a control Order has prohibited the export of goods unless they are consigned to a particular place or person, and goods that have been so consigned have been delivered to another place or another person, then if –
(1)the registered tonnage of the vessel in which the goods were consigned did not exceed two hundred and fifty tons, the vessel shall be forfeited and dealt with as the Minister shall direct;
(2)the registered tonnage of the vessel in which the goods were consigned exceeded two hundred and fifty tons, the owner of the vessel shall be liable to a fine of five thousand pounds, and the vessel may be detained until the fine is paid or security for its payment is given.

Power to Demand Evidence§

8.
(a)A customs officer or a competent authority may require any person who holds or has control over shipped goods to produce evidence satisfactory to the Director or to a competent authority that the shipment of the goods is not prohibited under a control Order or under the law applicable to trade with the enemy; if such evidence is not produced, the goods shall be forfeited and dealt with as the Minister shall direct.
(b)If a customs officer or the competent authority has demanded evidence as referred to in subsection (a), the customs officer may release the goods in question from his custody against sufficient security to his satisfaction, on condition that the required evidence is produced before him within such time as he shall fix; if such evidence is not produced, the Director or the competent authority, as the case may be, may forfeit the security and release the goods, or forfeit the goods, and deal with the forfeited property as the Minister shall direct.
(c)A determination by the Director or a competent authority that sufficient evidence satisfactory to him has not been produced shall be evidence of that fact in any proceedings under this section unless the contrary is proved.

Notice of Forfeiture§

9.
(a)If goods or means of transport have been forfeited under this Ordinance, the Director or an officer authorised by him shall deliver a notice of forfeiture to the owner of the goods or the owner of the means of transport, or to his agent, or to a person who holds them or has control over them, including the master of a vessel.
(b)If the address of the person to whom the forfeiture notice is directed is known to the Director or to the officer authorised by him, the notice shall be sent by registered post; if their address is not known to them – the notice shall be published in Reshumot (Official Gazette).

Grant of Clearance Certificate and Return§

10.
(a)In order to ensure compliance with the provisions of this Ordinance, or of a control order, or of any other enactment concerning the export and import of goods, or of the laws of trading with the enemy –
(1)a customs officer shall be entitled at any time to refuse to grant a clearance certificate to a vessel;
(2)in respect of any vessel to which a clearance certificate has been granted, a customs officer, a naval officer, or any person authorised for that purpose by the Director or a competent authority shall be entitled, for as long as the vessel is within the limits of a port of Israel, to demand that the clearance certificate be returned to him.
(b)A demand for return may be made orally to the master of the vessel, or may be left for him on board the vessel with the commander or person in charge of the vessel or with a person appearing to be one of these, and if there is no master – it may be delivered as aforesaid to the managing owner of the vessel if he is in Israel, and if there is no managing owner in Israel – to his agent residing in Israel, and if the agent is unknown or cannot be found, it may be affixed to the mast of the vessel.
(c)Upon a demand for the return of the clearance certificate being made, the validity of the certificate shall immediately expire; if the demand is not complied with, the master shall be liable to a fine of 1,500 pounds.
(d)This Section shall apply to an aircraft as if it were a vessel, and for that purpose – "vessel" shall be read as "aircraft", "port" shall be read as "airport", and "master" shall be read as "commander".

Provisions concerning the Destination of Goods§

11.
(a)Where a person intending to export goods submits, before the export or dispatch, a declaration as to their destination, and the Director or a competent authority has reasonable grounds to assume that the declaration is false in a material particular, the Director or the competent authority may detain the goods until the truthfulness of the declaration is proved; if the truthfulness of the declaration is not proved, the goods shall be forfeited and dealt with as the Minister shall direct.
(b)
(1)In respect of any goods that have been taken out of the territory of the State, the exporter or consignor of the goods shall be required to satisfy the Director or the competent authority, if so required, that the goods have not reached an enemy or enemy territory, or to prove that they did not consent to the goods reaching an enemy or enemy territory and that they did not facilitate this, and that they took all necessary steps to ensure that the destination of the goods would be the place specified in the documents shown or submitted to the customs officer in connection with the export of the goods;
(2)An exporter or consignor who has not satisfied or proved as stated in paragraph (1) shall be liable to a fine of three times the value of the goods or five hundred pounds, as the Director or the competent authority shall demand.

Advisory Councils and Committees§

12.

The Minister may appoint advisory councils and committees as he sees fit in order to assist him in the implementation of the provisions of this Ordinance.

Savings Provisions§

13.
(a)This Ordinance is intended to supplement the provisions of the Customs Ordinance and not to derogate from them; however, the provisions of the Customs Ordinance relating to vessels or goods forfeited under this Ordinance shall not apply to them unless expressly provided in this Ordinance and to the extent so provided.
(b)This Ordinance shall not derogate from any power vested in the Government or in any of its members under any enactment.

Power to Compound Offences by Monetary Composition§

14.

The Minister may compound by monetary composition any offence or act committed in contravention of this Ordinance, provided that the composition shall not exceed three times the value of the goods or the value of the means of transport used in the commission of the offence or act, or five hundred pounds, whichever is the greater sum.

Financial Penalty§

14a.
(a)(Repealed)
(b)Where an importer has contravened a provision of the provisions under this Ordinance, as detailed below, the Standards Commissioner may impose on him a financial penalty in accordance with the provisions of sections 14a to 14q, in the amount of NIS 11,490, and if the importer is a corporation – in the amount of NIS 28,730:
(1)submitted to the Standards Commissioner or to a testing laboratory incorrect particulars in respect of goods that the importer imported, for the purpose of complying with the requirements of the Standards Commissioner as set out in the conditional approval or for the purpose of obtaining such approval from the Standards Commissioner, in any of the following:
(a)in a document or particular submitted together with an application for an approval of compliance with the requirements of the Commissioner under sections 2e(a)(2) and 2g(a);
(b)in a document or particular submitted together with a declaration under section 2e(a)(2);
(2)(Repealed)
(3)(Repealed)
(4)contravened a condition of the conditions for obtaining a conditional release approval that were set under section 2e(b), or a condition of the conditions directed by the Standards Commissioner under section 2e1;
(5)submitted a particular goods item in a particular consignment for testing by more than one testing laboratory, contrary to the provisions of section 2l(a)(4);
(6)failed to report to the Standards Commissioner on information contained in the communications and information system that reached the importer, or disclosed such information to another person or made use of such information without the prior written approval of the Commissioner, all contrary to the provisions of section 2m(c).
(7)imported goods to which an official standard applies, that are not as described in a declaration under section 2f(a) or (b);
(8)failed to retain particulars or documents, contrary to the provisions of section 2l(a)(1) or (2);
(9)failed to provide the Standards Commissioner with a document that the Commissioner demanded in accordance with the provisions under section 2o(a2)(3) or 2p.
(10)imported goods in accordance with the provisions of section 2a(1a) and failed to retain a declaration as referred to in section 2f(b1);
(11)imported goods in accordance with the provisions of section 2a(1a) and failed to retain the documents as referred to in section 2f(b2);
(12)failed to document notices or publications or failed to report on them to the Commissioner, contrary to the provisions of section 2l(a)(5).
(c)Where a testing laboratory has contravened a provision of the provisions under this Ordinance, as detailed below, the Standards Commissioner may impose on it a financial penalty in accordance with the provisions of sections 14a to 14q, in the amount of NIS 57,440:
(1)granted a conditional release approval not in accordance with the guidelines of the Standards Commissioner under section 2e(b);
(2)failed to report on the non-fulfilment of undertakings by an importer, upon becoming aware thereof, or failed to act in accordance with the guidelines of the Standards Commissioner, contrary to the provisions under section 2e(b)(2);
(3)conducted a test for the purpose of granting a consignment approval without having conducted the test for the purpose of a type approval, and the conditions for conducting the test by means of another laboratory under section 2g(c)(2) were not fulfilled, contrary to the provisions of section 2g(c);
(4)failed to act in accordance with the instructions or guidelines given by the Standards Commissioner under sections 2e, 2g, 2h, 2i or 2m.
(5)notified the Standards Commissioner or the importer that a product file contains all the particulars and documents listed in the First Schedule that are required to be retained under section 2l(a)(1), without having examined the product file, contrary to the provisions of section 2p1(c)(1)(a);
(6)found that a product file does not contain all the particulars and documents listed in the First Schedule that are required to be retained under section 2l(a)(1) and failed to notify the Standards Commissioner thereof, contrary to the provisions of section 2p1(c)(1)(c);
(7)found that a product file does not contain all the particulars and documents listed in the First Schedule that are required to be retained under section 2l(a)(1) and failed to send the importer a demand notice to complete the missing particulars and documents, contrary to the provisions of section 2p1(c)(1)(c);
(8)failed to notify the Standards Commissioner that the importer had not completed the particulars and documents in accordance with its demand within the prescribed time limits, contrary to the provisions of section 2p1(c)(1)(d);
(9)failed to send the importer a demand notice for the immediate cessation of the sale of the goods, contrary to the provisions of section 2p1(c)(1)(d);
(10)notified the Standards Commissioner or the importer that the goods comply with the standardisation requirements without having examined the goods, contrary to the provisions of section 2p1(c)(2)(a);
(11)found that the goods do not comply with the standardisation requirements and failed to notify the Standards Commissioner thereof, contrary to the provisions of section 2p1(c)(2)(c);
(12)found that the goods do not comply with the standardisation requirements and failed to send the importer a demand for the immediate cessation of the sale of the goods and for the collection of goods not yet sold to the public and a demand to carry out actions, contrary to the provisions of section 2p1(c)(2)(c).
(13)failed to provide the importer with a document relating to the goods in respect of which the type approval was granted, in order to enable the reliable identification of the goods in accordance with the provisions of section 2g(e).
(d)Where the Standards Commissioner has reasonable grounds to assume that an importer or a testing laboratory, as the case may be, has contravened a provision of the provisions under this Ordinance as referred to in subsections (a) to (c), in aggravating circumstances, the Standards Commissioner may impose on them a financial penalty in accordance with the provisions of sections 14a to 14q, the rate of which is one and a half times the amount of the financial penalty that may be imposed for that contravention under subsections (a) to (c); for this purpose, "aggravating circumstances" – a contravention relating to a particularly large quantity of goods.

Notice of Intent to Impose Liability§

14b.
(a)Where the Standards Commissioner has reasonable grounds to assume that a person has contravened a provision of the provisions under this Ordinance as referred to in section 14a (in this Ordinance – the contravener), and intends to impose a financial penalty on him under that section, the Commissioner shall give the contravener notice of the intention to impose a financial penalty on him (in this Ordinance – notice of intent to impose liability).
(b)In a notice of intent to impose liability, the Standards Commissioner shall state, among other things, the following:
(1)the act or omission (hereinafter – the act) constituting the contravention;
(2)the amount of the financial penalty and the period for its payment;
(3)the right of the contravener to state his arguments before the Standards Commissioner in accordance with the provisions of section 14c;
(4)the power to add to the amount of the financial penalty in respect of a continuing contravention or a repeated contravention in accordance with the provisions of section 14e, and the date from which the contravention shall be regarded as a continuing contravention for the purposes of that section.

Right to be Heard§

14c.

A contravener who has been given a notice of intent to impose liability in accordance with the provisions of section 14b may state his arguments, in writing or orally, before the Standards Commissioner, in respect of the intention to impose a financial penalty on him and in respect of its amount, within 45 days of the date of delivery of the notice, and the Standards Commissioner may extend the said period by an additional period not exceeding 45 days.

Decision of the Standards Commissioner and Payment Demand§

14d.
(a)The Standards Commissioner shall decide, after having considered the arguments stated in accordance with section 14c, whether to impose a financial penalty on the contravener, and may reduce the amount of the financial penalty in accordance with the provisions of section 14f.
(b)Where the Standards Commissioner has decided in accordance with the provisions of subsection (a) –
(1)to impose a financial penalty on the contravener – the Commissioner shall give him a written demand to pay the financial penalty (in this Ordinance – payment demand), in which the Commissioner shall state, among other things, the updated amount of the financial penalty and the period for its payment;
(2)not to impose a financial penalty on the contravener – the Commissioner shall give him written notice thereof.
(c)In the payment demand or in the notice under subsection (b), the Standards Commissioner shall set out the reasons for his decision.
(d)Where the contravener has not stated his arguments in accordance with the provisions of section 14c within the period referred to in that section, the notice of intent to impose liability shall, upon the expiry of that period, be deemed a payment demand delivered to the contravener on the said date.

Continuing Contravention and Repeated Contravention§

14e.
(a)In the case of a continuing contravention, one fiftieth of the financial penalty fixed for that contravention shall be added to the financial penalty for each day on which the contravention continues; for this purpose, "continuing contravention" – contravention of a provision of the provisions of this Ordinance as referred to in section 14a, after the Commissioner has notified the contravener of that contravention.
(b)In the case of a repeated contravention, one half of the amount of the said financial penalty shall be added to the financial penalty fixed for that contravention; for this purpose, "repeated contravention" – contravention of a provision of the provisions under this Ordinance as referred to in section 14a, within two years of a prior contravention of the same provision for which a financial penalty was imposed on the contravener or for which the contravener was convicted.

Reduced Amounts§

14f.
(a)The Standards Commissioner is not permitted to impose a financial penalty in an amount lower than the amounts fixed in this Ordinance except in the cases, circumstances and in accordance with the considerations detailed in the Second Schedule and at the rates fixed therein.
(b)The Minister of Economy and Industry, with the consent of the Minister of Justice and with the approval of the Economics Committee of the Knesset, may, by Order, amend the Second Schedule.

Updated Amount of the Financial Penalty§

14g.
(a)The financial penalty shall be according to its updated amount on the date of delivery of the payment demand, and in respect of a contravener who has not stated his arguments before the Standards Commissioner as referred to in section 14d(d) – on the date of delivery of the notice of intent to impose liability; where an appeal has been filed with a court under section 14o and the payment of the financial penalty has been stayed by the Standards Commissioner or by the court – the financial penalty shall be according to its updated amount on the date of the decision in the appeal.
(b)The amounts of the financial penalty fixed in section 14a shall be updated on 1 January of each year (in this subsection – the update date), in accordance with the rate of change of the index known on the update date compared with the index that was known on 1 January of the preceding year, and in respect of the first update date – compared with the index published in January 2017; the said amount shall be rounded to the nearest amount that is a multiple of NIS 10; for this purpose, "index" – the consumer price index published by the Central Bureau of Statistics.
(c)The Standards Commissioner shall publish in the Reshumot (Official Gazette) and on the website of the Ministry of Economy and Industry a notice of the updated amounts of the financial penalty in accordance with subsection (b).

Time for Payment of the Financial Penalty§

14h.

The contravener shall pay the financial penalty within 45 days of the date of delivery of the payment demand as referred to in section 14d.

Shekel Interest and Default Charges§

14i.

Where the contravener has not paid a financial penalty on time, shekel interest and default charges shall be added to the financial penalty for the period of default, until payment thereof, and the provisions of the Interest and Price Indexation Law shall apply, with the necessary modifications.

Collection§

14j.

A financial penalty shall be collected for the State Treasury, and the provisions of the Fines, Fees and Costs Collection Authority Law, 5755-1995, shall apply to its collection.

Administrative Warning§

14k.
(a)Where the Standards Commissioner has reasonable grounds to assume that a person has contravened a provision of the provisions under this Ordinance as referred to in section 14a, and the circumstances prescribed by the Standards Commissioner in procedures, with the approval of the Attorney General, are fulfilled, the Commissioner may, instead of delivering to the person a notice of intent to impose liability and imposing on him a financial penalty in accordance with the provisions of sections 14a to 14q, deliver to him an administrative warning in accordance with the provisions of this section; in this subsection, "Attorney General" – including a Deputy Attorney General authorised by the Attorney General for that purpose.
(b)In an administrative warning, the Standards Commissioner shall state what act constitutes the contravention, shall notify the contravener that he must cease the contravention and that if he continues the contravention or repeats it he shall be liable to a financial penalty for a continuing contravention or a repeated contravention, as the case may be, as referred to in section 14m, and shall also state the right of the contravener to request the cancellation of the warning in accordance with the provisions of section 14l.
(c)The Standards Commissioner shall publish the procedures prescribed under this section on the website of the Ministry of Economy and Industry.

Application for Cancellation of Administrative Warning§

14l.
(a)Where an administrative warning has been delivered to a contravener as referred to in section 14k, the contravener may apply to the Standards Commissioner in writing, within 45 days, for the cancellation of the warning on any of the following grounds:
(1)the contravener did not commit the contravention;
(2)the act committed by the contravener, as detailed in the warning, does not constitute a contravention.
(b)Where the Standards Commissioner has received an application for the cancellation of an administrative warning in accordance with the provisions of subsection (a), the Commissioner may cancel the warning or dismiss the application and leave the warning in force; the decision of the Standards Commissioner shall be given in writing and shall be delivered to the contravener together with reasons.

Continuing Contravention and Repeated Contravention following a Warning§

14m.
(a)Where an administrative warning has been delivered to a contravener in accordance with the provisions of section 14k and the contravener has continued to contravene the provision for which the warning was delivered to him, the Standards Commissioner shall deliver to him a payment demand in respect of a continuing contravention as referred to in section 14e(a); a contravener to whom a payment demand has been delivered as aforesaid may state his arguments before the Commissioner in respect of the continuation of the contravention and the amount of the financial penalty, and the provisions of sections 14c and 14d shall apply, with the necessary modifications.
(b)Where an administrative warning has been delivered to a contravener in accordance with the provisions of section 14k and the contravener has again contravened the provision for which the warning was delivered to him, within two years of the date of delivery of the warning, the additional contravention as aforesaid shall be regarded as a repeated contravention for the purposes of section 14e(b), and the Standards Commissioner shall deliver to the contravener a notice of intent to impose liability in accordance with the provisions of section 14b in respect of the repeated contravention; a contravener to whom a notice of intent to impose liability has been delivered as aforesaid may state his arguments before the Standards Commissioner, and the provisions of sections 14c and 14d shall apply, with the necessary modifications.

Financial Penalty for a Contravention under this Ordinance and under Another Law§

14n.

For a single act that constitutes a contravention of a provision of the provisions under this Ordinance listed in section 14a and a contravention of a provision of the provisions under another law, no more than one financial penalty shall be imposed, and if it were possible to impose both a monetary composition under section 14 and a financial penalty on that act of contravention – only one of the two shall be imposed.

Appeal§

14o.
(a)A final decision of the Standards Commissioner under sections 14a to 14q may be appealed to the Magistrate's Court in which the President of the Magistrate's Court sits; such an appeal shall be filed within 45 days of the date on which notice of the decision was delivered to the contravener.
(b)The filing of an appeal under subsection (a) shall not stay the payment of the financial penalty, unless the Standards Commissioner has agreed thereto or the court has so ordered.
(c)Where the court has decided to allow an appeal filed under subsection (a) after the financial penalty has been paid, and has ordered the return of the amount of the financial penalty paid or a reduction of the financial penalty, the amount paid, or any part thereof that was reduced, shall be returned, together with shekel interest from the date of payment until the date of return, and the provisions of the Interest and Price Indexation Law shall apply in respect of such interest, with the necessary modifications.

Publication§

14p.
(a)Where the Standards Commissioner has imposed a financial penalty pursuant to the provisions of this Ordinance, the Standards Commissioner shall publish on the website of the Ministry of Economy and Industry the following particulars, in a manner that ensures transparency with respect to the exercise of discretion in making the decision to impose a financial penalty:
(1)the fact of the imposition of the financial penalty;
(2)the nature of the violation for which the financial penalty was imposed and the circumstances of the violation;
(3)the amount of the financial penalty imposed;
(4)if the financial penalty was reduced – the circumstances on account of which the amount of the penalty was reduced and the rates of reduction;
(5)relevant particulars concerning the violator;
(6)the name of the violator – if the violator is a corporation.
(b)Where an appeal has been filed pursuant to section 14o, the Standards Commissioner shall publish, pursuant to subsection (a), the fact of the filing of the appeal and its outcome, in the same manner in which the Standards Commissioner published the fact of the imposition of the financial penalty.
(c)Notwithstanding the provisions of subsection (a)(6), the Standards Commissioner may publish the name of a violator who is an individual, if the Standards Commissioner considered it necessary for the purpose of warning the public, after having given the violator an opportunity to argue arguments before the Standards Commissioner on that matter.
(d)Notwithstanding the provisions of this section, the Standards Commissioner shall not publish particulars that constitute information which a public authority is precluded from disclosing pursuant to section 9(a) of the Freedom of Information Law, 5758-1998, and the Standards Commissioner may also refrain from publishing particulars under this section that constitute information which a public authority is not required to disclose pursuant to section 9(b) of that Law.
(e)Publication under this section in respect of a financial penalty imposed on a corporation shall be for a period of four years, and in respect of a financial penalty imposed on an individual – for a period of two years; in such publication the Standards Commissioner shall apply appropriate and advanced technological measures to prevent, to the extent possible, the ability to access the particulars that were published upon the expiry of the publication period.
(f)The Minister of Economy and Industry may prescribe additional means for the publication of the particulars referred to in this section.

Preservation of criminal liability§

14q.
(a)Payment of a financial penalty or delivery of an administrative warning pursuant to sections 14a to 14p, as the case may be, shall not derogate from the criminal liability of a person for the violation of any provision of the provisions pursuant to this Ordinance listed in section 14a, which constitutes an offence.
(b)Where the Standards Commissioner has sent a violator a notice of intention to impose liability or has delivered an administrative warning to the violator, in respect of a violation that constitutes an offence as referred to in subsection (a), no indictment shall be filed against the violator in respect of that violation, unless new facts have come to light that justify doing so.
(c)Where an indictment has been filed against a person in respect of a violation that constitutes an offence as referred to in subsection (a), the Standards Commissioner shall not take proceedings against the person pursuant to sections 14a to 14p in respect of that violation, and if the indictment was filed in the circumstances referred to in subsection (b) after the violator has paid a financial penalty, the amount paid shall be returned to the violator together with shekel interest from the day of payment of the amount until the day of its return, and the provisions of the Interest and Price Indexation Law shall apply with respect to such interest, with the necessary modifications.

Penalties§

14r.
(a)An importer who provided false or incorrect information in a declaration submitted pursuant to section 2f or in documents and particulars submitted pursuant to section 2f, is liable to imprisonment of 18 months or double the fine referred to in section 61(a)(4) of the Penal Law, 5737-1977, and if the offence was committed by a corporation – double the said fine.
(a1)An importer who did any of the following is liable to imprisonment of one year or double the fine referred to in section 61(a)(4) of the Penal Law, 5737-1977, and if the offence was committed by a corporation – double the said fine:
(1)(Repealed)
(2)violated a condition of the conditions for obtaining a conditional release approval prescribed pursuant to section 2e(b) or a condition of the conditions directed by the Standards Commissioner pursuant to section 2e1;
(3)submitted goods of a particular type in a particular consignment for testing by more than one testing laboratory, contrary to the provisions of section 2l(a)(4).
(b)An importer who did any of the following is liable to a fine as referred to in section 61(a)(4) of the Penal Law, 5737-1977, and if the offence was committed by a corporation – double the said fine:
(1)(Repealed)
(2)failed to retain particulars or documents, contrary to the provisions of section 2l(a)(1) or (2);
(3)failed to report to the Standards Commissioner on information contained in the communications and information system that came to the importer's attention, or disclosed such information to another or made use of such information without prior written approval of the Standards Commissioner, all contrary to the provisions of section 2m(c).
(c)A testing laboratory that did any of the following is liable to double the fine referred to in section 61(a)(4) of the Penal Law, 5737-1977:
(1)granted a conditional release approval not in accordance with the guidelines of the Standards Commissioner pursuant to section 2e(b);
(2)failed to report on an importer's non-compliance with undertakings or failed to act in accordance with the guidelines of the Standards Commissioner, contrary to the provisions pursuant to section 2e(b)(2);
(3)carried out a test for the purpose of granting a consignment approval without having carried out the test for the purpose of a model approval and without the conditions for carrying out the test by means of another laboratory pursuant to section 2g(c)(2) being met, contrary to the provisions of section 2g(c);
(4)failed to act in accordance with the instructions and guidelines prescribed by the Standards Commissioner pursuant to sections 2e, 2g, 2h, 2i or 2m;
(5)failed to report to the Standards Commissioner on information contained in the communications and information system that came to the laboratory's attention, or disclosed such information to another or made use of such information without prior written approval of the Standards Commissioner, all contrary to the provisions of section 2m(c).

Liability of an office holder in a corporation§

14s.
(a)An office holder in a corporation is obliged to supervise and to do all that is possible to prevent offences under section 14r by the corporation or by any of its employees; a person who violates that duty is liable to the fine referred to in section 61(a)(3) of the Penal Law, 5737-1977; for the purposes of this section, "office holder" – an active manager in a corporation, a partner, other than a limited partner, or any other person in the corporation responsible on behalf of the corporation for the area in which the offence was committed.
(b)Where an offence under section 14r was committed by a corporation or by any of its employees, it shall be presumed that an office holder in the corporation violated the duty imposed on the office holder under subsection (a), unless the office holder proved that all that was possible was done to fulfil the duty.

Delegation of powers§

15.

The Minister may delegate any of the Minister's powers under this Ordinance; notice of the delegation of powers as aforesaid shall be published in Reshumot (Official Gazette).

Publication of the Standards Commissioner's guidelines and instructions§

16.

The Standards Commissioner shall publish on the website of the Ministry of Economy and Industry guidelines and instructions issued pursuant to this Ordinance, other than guidelines and instructions given on an individual basis, including instructions pursuant to sections 2h and 2i; publication as aforesaid shall be done in a manner that enables the tracking and documentation of changes over time.

Amendment of the Schedule§

17.

The Minister of Economy and Industry may, by Order, amend the First Schedule.

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OrdinanceCorporate & Business

פקודת היבוא והיצוא [נוסח חדש], תשל"ט-1979

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