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Law for the Clearance of Minefields and Unexploded Ordnance Areas Regulations (Fund for the Clearance of Minefields), 5781-2020

תקנות לפינוי שדות מוקשים ושטחי נפלים (קרן לפינוי שדות מוקשים), תשפ"א-2020

Published: 2020-11-24Consolidated Hebrew text as of 2026-09-15 · Last amended 2021-03-08
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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.

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By virtue of my authority under Sections 10(c) and (d), 12(c)(2) and 33 of the Law for the Clearance of Minefields and Unexploded Ordnance Areas, 5771-2011 (hereinafter – the Law), with the consent of the Minister of Justice and with the approval of the Foreign Affairs and Defence Committee of the Knesset, I hereby make these Regulations:

Chapter I: Definitions

Definitions§

1.

In these Regulations –

"the Chairperson" – a person appointed to the position of Chairperson of the Fund's Management Board pursuant to Section 10(a)(1) of the Law, or the person's substitute appointed pursuant to regulation 7(b);

"donation" – the giving of money or the giving of goods or services to the Authority, for the purpose of clearing a minefield.

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Chapter II: Working Procedures and Deliberation Procedures

Receipt of a Donation§

2.

Every donation requires the approval of the Fund's Management Board.

Convening the Management Board§

3.

The Chairperson of the Fund's Management Board shall convene the Fund's Management Board for a meeting, in each of the following cases:

(1)at the request of the Minister of Defence;
(2)at the request of the Director of the Authority;
(3)at the request of a member of the Fund's Management Board;
(4)if in the Chairperson's opinion there is a need to convene the Fund's Management Board in order to deliberate on a particular matter.

Setting the Agenda§

4.

The Chairperson of the Fund shall set the agenda of the Fund's Management Board meetings, and it shall include:

(1)a request for approval of the receipt of a donation offered to the Authority, if such a request exists;
(2)a report by the Director on the Authority's activities in accordance with donations received since the previous Management Board meeting;
(3)a report by the Director concerning the Fund's expenditure and receipts;
(4)deliberation on the matter in respect of which a demand for the holding of a meeting arose pursuant to regulation 3(1), (2) or (3), or which the Chairperson considered it necessary to deliberate on pursuant to regulation 3(4).

Changes to the Agenda§

5.
(a)A Management Board member may, up to 10 days before the date of convening of the Management Board, request the addition of a matter to the agenda or a change to the agenda.
(b)Notwithstanding the provisions of sub-regulation (a), if the Chairperson of the Fund considers that there is urgency in adding a matter requested by a Management Board member after the deadline prescribed in sub-regulation (a) has passed, the Chairperson may add it to the agenda of the meeting.

Notice of Meetings§

6.
(a)The Chairperson shall give Management Board members a written invitation to a Management Board meeting, in which the agenda of the meeting shall be set out in detail, at least 14 days before the date scheduled for the meeting.
(b)Notwithstanding the provisions of sub-regulation (a), an invitation to a meeting that the Chairperson of the Fund regards as urgent, as well as notice of its cancellation or postponement, may be given by the Chairperson, in writing or by telephone, before the date of the meeting.
(c)The Chairperson of the Fund may invite any person to any meeting, and is obliged to do so at the request of three members of the Management Board.

Conduct of Meetings§

7.
(a)The Chairperson of the Fund shall conduct the deliberations in accordance with the agenda set out in detail in the invitation given to Management Board members.
(b)In the absence of the Chairperson, the member of the Fund's Management Board appointed by the Chairperson to conduct that meeting shall act in the Chairperson's place.

Quorum§

8.
(a)The quorum at Management Board meetings is three Management Board members, including the Chairperson.
(b)If there was no quorum at a Management Board meeting, the Chairperson shall set a new date for the meeting at a date proximate to the date on which the meeting was held without a quorum; an invitation to such a meeting shall be given in accordance with the provisions of regulation 6.

Minutes§

9.
(a)The Fund's Management Board shall prepare minutes at every meeting, which shall include, inter alia, a record of the following particulars:
(1)the names of the meeting's participants and their organisational affiliation, including a statement of the fact that a quorum was present;
(2)proposals, announcements and declarations by the participants;
(3)the results of votes;
(4)decisions.
(b)A copy of the meeting's minutes shall be sent within three weeks to all Management Board members.
(c)A Management Board member may submit written comments on the content of the meeting's minutes within two weeks from the day on which the member received a copy thereof.
(d)The Chairperson shall approve the final minutes by signature.

Decision by Poll§

10.
(a)If the Chairperson of the Fund considers that a particular matter must be decided upon urgently, the Chairperson may conduct a poll by telephone.
(b)When conducting the poll, the Chairperson of the Fund shall contact each of the Management Board members, and the quorum for a poll is three Management Board members.
(c)Before the vote in the poll, the Chairperson of the Fund shall present to each of the Management Board members the request that is to be decided upon and all information relevant to that request.
(d)The majority required for the adoption of a decision in a poll is at least three Management Board members.
(e)A Management Board decision adopted by poll as aforesaid shall be accompanied by a memorandum signed by the Chairperson of the Fund and an additional Management Board member.
(f)A decision adopted as provided in this regulation shall have the same force as a decision adopted at a regular Management Board meeting; such a decision shall be reported in the minutes at the next Management Board meeting.

Absence of a Management Board Member§

11.

Where a Management Board member has been absent from three consecutive Management Board meetings, the Chairperson may recommend to the Minister who appointed that Management Board member that the appointment of the Management Board member be revoked and that another representative on behalf of that Minister be appointed in the member's place.

Approval of Receipt of a Donation§

12.

Decisions of the Fund's Management Board, including a decision to approve the receipt of a donation, shall be adopted by a majority of at least three Management Board members.

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Chapter III: Procedure for Approval of Receipt of Donations

Receipt of a Donation Offer and Legal Opinion§

13.
(a)A donation offer shall be submitted to the Authority in writing.
(b)The Authority shall transmit to the Fund a request for approval of the donation, together with the donation offer and all information in its possession relating to the donation, including with respect to the identity of the donor and with respect to the minefield whose clearance is requested within the framework of the donation offer; the Authority shall also attach to the request the legal opinion of the Legal Adviser to the Defence Establishment or a person on the Legal Adviser's behalf regarding that donation offer; such a legal opinion shall address, inter alia, the principles and considerations set out in Chapters IV and V of these Regulations, and shall set out in detail the reasons underlying the donation, the purposes for which it is intended, its amount or value, and in the case of a donation that is not in money – a description thereof.

Donation of a Low Amount§

14.
(a)In addition to the provisions of regulation 10, the Chairperson of the Fund shall be entitled to bring for the approval of the Fund's Management Board members, by means of a poll pursuant to that regulation, donations of an amount not exceeding NIS 50,000, provided that the total donations from the same donor in the same year did not exceed NIS 50,000.
(b)The Fund's Management Board shall examine donation offers as referred to in sub-regulation (a) in accordance with the principles and considerations set out in Chapters IV and V; the provisions of regulation 13 shall apply to a donation as referred to in this regulation, including the transmission of all information in the Fund's possession relating to the donation and the legal opinion of the Legal Adviser to the Defence Establishment or a person on the Legal Adviser's behalf regarding that donation offer, to each of the Fund's Management Board members before the examination of the donation offer within the framework of the poll.

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Chapter IV: Principles and Budgetary Considerations in the Examination of Donations

Proportionate Share of the Donation§

15.
(a)Subject to the provisions of Section 12(c) of the Law, where a donation intended for the clearance of a particular minefield not included in the annual plan is offered to the Authority, the donation shall be accepted only if the cost of clearing the minefield is financed in full from the donation.
(b)Notwithstanding the provisions of sub-regulation (a), the Fund's Management Board may, in special cases and for reasons that shall be recorded, approve the receipt of a donation for the clearance of a particular minefield not included in the annual plan, which does not cover the full cost of clearing the minefield, provided that the proportionate share of the donation shall not be less than half the cost of clearing the minefield.

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Chapter V: Considerations Relating to the Preservation of Integrity in the Examination of a Donation

Considerations in the Receipt of a Donation§

16.

When considering the receipt of a donation, the Fund's Management Board shall consider, inter alia, the following considerations:

(1)the identity of the donor, and if the donor is a corporation – the identity of the controlling shareholders;
(2)the nature of the donor's activity as a business entity or as an entity operating not for profit;
(3)the connection between the donor's activity and the Authority's activity, and the nature of the relationship of the Authority, the Ministry of Defence or the Government with the donor, if any exists;
(4)the reasons underlying the donation and the purposes for which it is intended;
(5)whether the donor has in the past required the exercise of the Authority's powers and whether the donor is expected to require the exercise of the Authority's powers in the future;
(6)whether the receipt of the donation is liable to harm the image of the State or the public service.

Prohibition on Receipt of a Donation from an Unlawful Source§

17.

If a suspicion arises that the source of the funds or goods of the donation is an offence, or that the receipt of the donation constitutes money laundering within its meaning in the Prohibition on Money Laundering Law, 5760-2000, the donation shall not be accepted and the Authority shall report this to the Israel Police.

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Chapter VI: Preservation of Integrity after Receipt of a Donation

Non-Granting of Priority to a Donor by Reason of Making the Donation§

18.

When exercising discretion in a matter concerning a donor, employees of the Ministry of Defence shall not take into account the making of the donation and shall conduct the donor's affairs in the same manner as they conduct any other matter that comes before them; inter alia, no priority in handling that stems from the very making of the donation shall be given to the donor's matter.

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Chapter VII: Miscellaneous Provisions

Linkage§

19.
(a)In this regulation –

"the Index" – the Consumer Price Index published by the Central Bureau of Statistics;

"the Base Index" – the Index most recently published before the previous Update Date;

"the New Index" – the Index most recently published before the Update Date.

(b)The amount prescribed in regulation 14 shall be updated on 1 January of each year (in this regulation – the Update Date) in accordance with the rate of change in the New Index compared with the Base Index.
(c)The Director General of the Ministry of Defence shall publish a notice in Reshumot (Official Gazette) of the updated amount as aforesaid.

Exclusivity of the Provisions of the Regulations and Savings Provisions§

20.

The Authority shall not receive donations except in accordance with these Regulations; these Regulations do not derogate from the obligation to obtain a permit or approval for a donation required under any law.

25 Heshvan 5781 (12 November 2020) Benjamin Gantz

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RegulationsAdministrative Law

תקנות לפינוי שדות מוקשים ושטחי נפלים (קרן לפינוי שדות מוקשים), תשפ"א-2020

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