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Israeli Domestic Legislation Law for Extending the Validity of Emergency Regulations, 2007
Law for Amending and Extending the Validity of Emergency Regulations (Judea and Samaria – Jurisdiction in Offenses and Legal Aid), 2007 Print E-mail

Extension of Validity 

1. The validity of the Emergency Regulations (Judea and Samaria, and the Gaza Strip – Jurisdiction in Offenses and Legal Aid), 1967, in the version defined in the addendum to this law, is hereby extended through June 30, 2012.

 

Commencement

2. The commencement of this law is the day of expiration of the regulations under the Government and Law Arrangements Ordinance (Temporary Orders), 1967.

Amendment to Provision 1

3. In Provision 1 of the Regulations

(1)   Instead of “Each of the following: Judea, Samaria, and the Gaza Strip,” the definition of “Region” shall only include “Judea and Samaria”;

The definition of “the entire area belonging to the Palestinian Council shall be followed by the words, “and the entire Gaza Strip.”

Amendment to Regulation 2C

4. In Provision 2C of the Regulations

(1) The contents shall be marked as (A), and the final part of the sentence shall be deleted starting from the word, “however”;

(2) Subsection (A) shall be followed by:

(B) Notwithstanding the provisions of sub regulation (A), nothing stated in the order mentioned in the aforesaid sub regulation comes to prevent movement from the region or territories of the Palestinian Council into Israel, or from Israel to the region or territories of the Palestinian Council, unless the regulation states otherwise; for this matter, “the territories of the Palestinian Council – do not include the Gaza Strip area.”

 

Addendum (Section 1)

Chapter A: Interpretation

Definitions

1. In these regulations –

"Region" –Judea and Samaria, except for the territories of the Palestinian Council;

"Territories of the Palestinian Council" – the territories included, from time to time, in the area of the council's territorial authority in accordance with the agreement and also all the territory of the Gaza Strip;

"The agreement" – the Israeli-Palestinian interim agreement on the West Bank and Gaza Strip signed in Washington DC between the State of Israel and the Palestinian Liberation Organization, on Wednesday, September 28, 1995, including the appendixes and ancillary documents;

"The council" – the Palestinian Council to be established in accordance with the agreement, and until its establishment – the Palestinian Authority as defined in the agreement;

"The Palestinian Police" – the Palestinian Police in the territories of the Palestinian Council as defined in the agreement;

"Israeli" – any of the following:

(1) A person registered under the Population Registry Law, 1965;

(2) A corporation registered in Israel or a corporation legally established in Israel;

"A person present in Israel" – including an Israeli and including a corporation operating in Israel or controlled by an Israeli;

"Commander" – a commander of forces of the Israel Defense Forces in the region or in part of it, or a commander of the region or part of it on behalf of the IDF;

"Military court" – a court convened by a commander.

Chapter B: Judicial Authority

Authority of the court

2. (A) In addition to the provision of any law, the court in Israel is authorized to adjudicate, in accordance with the law that applies in Israel, any person present in Israel for his action or omission that occurred in the region, as well as an Israeli for his action or omission that occurred in the territories of the Palestinian Council, all if the action or omission would be an offense had it occurred in the area of jurisdiction of the courts in Israel.

(B) The directives of the law that apply in Israel pertaining to optional trial and administrative offenses will also apply to such offenses that an Israeli committed in the region or in the territories of the Palestinian Council which would be if committed in Israel.

(C) This regulation does not apply to those who at the time of the action or omission were residents of the region or of the territories of the Palestinian Council who are not Israelis.

(D) The authority to judge a person under this regulation will be in the hands of the court whose area of jurisdiction is located in proximity to the place where the offense was committed, or the court in whose area of jurisdiction the defendant's residence is located or where the defendant is apprehended.

(E) A person will not be subject to judgment in Israel for an action or omission for which he was acquitted or convicted in a ruling handed down in a military or other court in the region; however, if the action or omission led to the death of a person, he is to be placed on trial for this even if convicted for a different offense involving the same action or omission.

(F) Placing a person on trial for an action for which a court in Israel is authorized to adjudicate under this regulation does not require the consent of the attorney general.

Additional powers

2A. (A) The court in Israel will have all of the powers assigned to it by the law that applies in Israel in regard to offenses that it is authorized to adjudicate under any law, including orders to be executed in the region or in the territories of the Palestinian Council under Chapter C, Article B.

(B) The court in Israel is entitled to permit wiretapping in an order under Chapter C of the Wiretap Law, 1979 of an Israeli present in the region or in the territories of the Palestinian Council.

Authorities of the court in civil matters

2B. (A) A court or tribunal, authorized by law to adjudicate, will not refrain from judging a complaint by an Israeli predicated on an action or omission or other act that occurred in the territories of the Palestinian Council, only because a resident of the territories of the Palestinian Council is the defendant or a party to it.

(B) The directives of Subregulation (A) do not derogate from the power of the court or tribunal to refrain from adjudicating a complaint in the following cases:

(1) The subject of the complaint is an ongoing business of an Israeli that operates in the territories of the Palestinian Council.

(2) The subject of the complaint is real property located in the territories of the Palestinian Council.

(3) The subject of the complaint is a contract that includes an explicit condition stipulating that the place of adjudication will be outside of Israel.

(4) There is a pending proceeding on the same matter between the sides.

Stay of exit order

2C. (A) A stay of exit order, issued by a court in Israel in regard to a criminal or civil matter or issued in a proceeding of the Execution Office, is also valid for preventing exit from the region and from the territories of the Palestinian Council;

(B) In spite of the provisions of Subregulation (A), an order as stipulated in that Subregulation does not prevent exit from the region and from the territories of the Palestinian Council to Israel or from Israel to the region or the territories of the Palestinian Council, unless otherwise stated; for this matter " the territories of the Palestinian Council " – excluding the territory of the Gaza Strip.

Chapter C: Legal Aid

Article A – The Region

Powers of policeman

3. Authority granted to a policeman and a duty assigned to him under any law will also apply, with the obligatory changes, to an offense that a court in Israel is authorized to adjudicate under Regulation 2 and in regard to an offense that a military court is authorized to hear.

3A. Authorities in tax matters

(A) If a person has tax liabilities under any statute, those who are granted powers under this statute or any other statute pertaining to its collection are entitled to exercise them in this region too.

(B) In this regulation, "tax" – as defined in the Taxes Ordinance (Collection), including payment to which the Taxes Ordinance (Collection) applies, under any statute.

3B. authority pertaining to execution

The head of the Execution Office, an executor and any person granted powers under a statute pertaining to execution, is also authorized to exercise his powers under said statute in the region against an Israeli debtor or his property in order to execute a ruling or promissory note.

3C. Authorities pertaining to cooperative associations and non-governmental organizations in the region

(A) In regard to Section 18 of the Ordinance of Cooperative Associations, and Section 2 of the Non-Governmental Organizations Law, 1980 (in this section – the NGOs Law), the address in the region of a cooperative association or NGO, all of whose members are citizens of Israel, will be regarded as if it were an address in Israel.

(B) The Registrar of Cooperative Associations, the Registrar of Non-Government Organizations and anyone granted powers under the Ordinance of Cooperative Associations or under the NGOs Law, is authorized to exercise his powers in this region too, in regard to a cooperative association or an NGO, as relevant.

(C) In this section –

"Non-government organization (NGO)" – an NGO registered in the Registry of NGOs under the NGOs Law;

"Cooperative association" – an association registered in the Registry of Cooperative Associations under the Ordinance of Cooperative Associations.

Transfer of defendant to the region

4. (A) If there is a reasonable basis for presuming that an Israeli committed an offense in the region that the military court is authorized to adjudicate, and the Israeli is present in Israel, the attorney general is authorized to order that the Israeli be arrested by a policeman and transferred to the region in which the offense was committed, in the manner and to the authority as instructed, so that he can be judged in a military court on this offense; and this when it is not possible to ensure his appearance in court through other means.

(B) The attorney general is authorized to delegate his power under this regulation, in its entirety or in part, to the state prosecutor.

4A. Providing information from the criminal register

(A) The police are entitled to provide information from the Criminal Register to the authorities and to those serving in the region who are listed below, upon their request and for the purpose of fulfilling their duties:

(1)   A commander or anyone so authorized by him, with the consultation of the legal advisor in the region;

(2)   The head of the Civil Administration or anyone so authorized by him, in consultation with the legal advisor in the region;

(3)   A military court;

(4)   The legal advisor in the region and his assistants;

(5)   A military prosecutor;

(6) The defendant's defense attorney – with regard to information about the defendant for the purpose of his proceeding.

(B) The information provided under Subsection (A) will be subject to the directives of the Criminal Register and Rehabilitation of Offenders Law, 1981 (hereinafter – the Criminal Register Law), which apply to information provided under Section 5(A) of the Criminal Register Law, with the necessary revisions.

(C) If a person requires in his case information from the register for the purpose of submission to one of the Israel Defense Forces authorities in the region, the police will provide the information to said authority upon the request of this person; the information provided as stated will be subject to the directives of the Criminal Register Law that apply to information provided under Section 9 of the law, with the necessary revisions.

Summoning of witnesses and execution

5. (A) A summons to testify in a military court or to present it with documents will be served on a person present in Israel in the way that a summons to testify or to present documents is served in Israel for a criminal hearing.

(B) If a person in Israel is subpoenaed by a military court for failing to appear before it for the purpose of giving testimony or presenting documents, a policeman will be authorized to arrest him and deliver him in the manner in a subpoena order, so that he will appear before the military court for the purpose of giving testimony or presenting documents.

Report by probation officer

5A. (A) If a court in Israel issues a directive under Section 22 of the Youth Law or as stated in Section 38 of the Penal Code, 1977 (hereinafter – the Penal Code), in regard to a resident of the region who is not an Israeli, the court will be entitled to rely on a report by a probation officer, youth inspector or other authority who is authorized to present a report in the region.

(A1) If a court in Israel orders the presentation of a report by a probation officer under the statutes cited in Subregulation (A) in regard to a resident of the territories of the Palestinian Council, a probation officer will be entitled to present to the court a report that relies on an expert opinion of an authority in the territories of the Palestinian Council.

(B) In this regulation and in Subregulation 6A – "the Youth Law" – the Youth Law (Judgment, Punishment, and Methods of Treatment), 1971.

Execution of penalties and arrest

6. (A) A person sentenced in a military court can serve his sentence in Israel in the way that a sentence issued by a court is served in Israel, if the sentence has not been served in the region.

(A1) The directives of the Conditional Release from Imprisonment Law, 2001 (hereinafter – the Release Law) will apply to the early release of a person imprisoned in Israel in accordance with the directives of Subregulation (A), with the following changes:

(1) In regard to Section 9 of the Release Law, for the purpose of deciding whether a prisoner is worthy of conditional release, the commissioner of the Prisons Service, the chief Military Police officer or the committee, as relevant, will also examine the danger the prisoner poses to the security of Judea and Samaria and the Gaza Strip;

(2) In regard to a prisoner held in a military detention facility –

(A) Every section in the Release Law that mentions "the commissioner of the Prisons Service" will read as if it includes "chief Military Police officer";

(B) Every place that says "prison" will read as if it says "military detention facility";

(C) Despite the directives of Section 34(B) of the Release Law, the appointment of secretaries to the release committees and special release committees will be made by the chief Military Police officers from among officers of the Israel Defense Forces.

(D) If an arrest warrant or arrest order against a person is issued in the region under the powers granted by a proclamation or order of a commander, the arrest and detention can be executed in Israel in the way that a warrant or arrest order is executed in Israel, and he can also be transferred to detention in the region in which the offense was committed.

(E) If an arrest warrant or arrest order is issued in Israel against a resident of the region, his arrest and detention can be implemented in the region where he resides, in the way that an arrest warrant or arrest order is implemented in the region.

(F) If an arrest warrant or arrest order is issued in Israel against a resident of the territories of the Palestinian Council, his arrest and detention can be implemented in the region in the way that an arrest warrant or arrest order is implemented in the region.

Execution of penalties and orders in the region

6A. (A) A non-Israeli resident of the region who is judged in a court in Israel and receives a prison sentence, can serve his sentence, if not served in Israel, in the region where he resides, in the way that a prison sentence imposed by a military court is served in that region; however, the directives of sections 45(B) and (C), 46 and 49 through 51 of the Penal Code, 1977, the directives of sections 15, 28 through 35 and 66 of the Prisons Ordinance (New Version), 1971 and the directives of Section 11(B) of the Basic Law: President of the State – will continue to apply to him.

(B) If a court in Israel orders the detention of a minor resident of the region who is not an Israeli in a locked facility under Section 25(A) of the Youth Law, or the implementation of one or more of the means and methods of treatment listed in Section 26 of the Youth Law, the order can be executed, if not executed in Israel, in the region where he resides, as a similar order issued by judicial proceeding in the region is executed in that region; however, the directives of sections 31 through 37 and 42 of the Youth Law and the directives of Section 11(B) of the Basic Law: President of the State – will continue to apply to him; in this matter, every reference in the aforementioned sections to the director of the facilities or the Minister of Labor and Social Welfare will be replaced by the staff officer for social welfare issues in the region or a person he so authorizes.

(C) If a court in Israel issues an examination order (hereinafter – examination order) for a minor resident of the region who is not Israeli, the order can be executed, if not executed in Israel, in the region where he resides, as an examination order issued by a judicial proceeding in the region is executed in that region; a violation of the examination order in the region is equivalent to violation in Israel, and the directives of the Examination Ordinance [New Version], 1969 (hereinafter – the Ordinance) will apply.

(D) If an examinee is convicted in a judicial proceeding in the region for an offense committed during the period of validity of an examination order, his conviction will be like the conviction of an examinee on an additional offense as defined in Section 13 of the Ordinance, and a court in Israel will be entitled to act as stated in Chapter B of the Ordinance.

Presumption of residency

6B. (A) For the purpose of the statutes listed in the Addendum, the expression "resident of Israel" or other expression in regard to residency, domicile or dwelling in Israel cited in them will be regarded as including a person whose place of residence is in the region and who is an Israeli citizen or entitled to immigrate to Israel under the Law of Return, 1950 and if his place of residence were in Israel it would be included in this expression.

(B) The Minister of Justice, with the approval of the Constitution, Law and Justice Committee of the Knesset, is entitled to revise the Addendum via an order.

Effect of obligation to guard     

6C. The effect of an obligation to guard imposed by order of a commander of the forces of the Israel Defense Forces in the region is the same as the obligation to guard under Section 15A of the Local Authorities Law (Arrangement of Guarding), 1961.

Volunteer according to the National Insurance Law

6D. A person who performs an obligation to guard in an institution of education under an order issued by a commander of the forces of the Israel Defense Forces in the region will be regarded as a volunteer for the purposes of Section 198E of the National Insurance Law [Combined Version], 1968.

Member of a civil guard in settlements

6E. A member of a guard as stated in an order issued by a commander of the forces of the Israel Defense Forces pertaining to a Civil Guard in the settlements will be regarded as a policeman for the purposes of the Police Law (Handicapped and Killed), 1981.

Health services in the region

6F. Health services under the State Health Insurance Law, 1994 will be provided according to the directives of the same law, including to residents of Israel who are in the region, in accordance with arrangements and coordination that the Minister of Health will define in an order.

Legal aid in civil matters

7. (A) The Minister of Justice is entitled, in a general or limited order, to issue directives in regard to –

(1) The presentation in Israel of documents issued on civil matters by a court, tribunal, execution office or other authority in the region;

(2) The enforcement and execution in Israel of final rulings, orders and other decisions issued on civil matters by a court, tribunal, execution office or other authority in the region;

(3) The recognition and approval of documents issued or approved by an authority in the region;

(4) The protection of copyright for works published for the first time in the region, or if not published – whose author was a resident of the region.

(B) This regulation applies to documents, rulings, order and decisions, whether they were issued, given or approved before the determining date or after it.

7A. Legal aid in tax matters

(A) The Minister of Justice, in consultation with the Minister of Finance, is entitled, in a general or limited order, to define directives pertaining to the exercise of powers in Israel, including of interrogation and search, for the purpose of imposing a tax in the region, and in regard to collection in Israel of a tax imposed as stated, as well as the enforcement in Israel of final decisions of an authority in the region in regard to tax liabilities.

(B) In this regulation, "tax" – as defined in any law or security legislation that applies in that region, including a payment that according to law or security legislation in the region is collected as if it were a tax.

7B. Providing information to tax authorities in the region

(A) Despite the stipulations in tax laws pertaining to the tax authorities' obligation to protect confidentiality, a tax authority in Israel will be entitled to provide information to a tax authority in the region.

(B) The directives of the Law for Amending Tax Legislation (Exchanges of Information Between Tax Authorities), 1967 (hereinafter – the Law for Exchanges of Information Between Tax Authorities) will apply, with the obligatory changes, to the provision of information and procedures of information provided as stated in Subregulation (A).

(C) In this regulation, "tax laws," "tax authority" and "information" – as defined in the Law for Exchanges of Information Between Tax Authorities.

Article B – Territories of the Palestinian Council

Powers of the court

8. (A) For the purpose of executing Appendix IV of the agreement, a court in Israel will have the authority to issue orders in accordance with the law that applies in Israel as follows:

(1) In criminal matters –

(A) An order for conducting investigation activities in Israel, including an arrest order, by request of the council, for the purpose of the investigation it is conducting; an order under this paragraph will serve as authorization for providing the results of the investigation activity to the council;

(B) An order for the arrest and transfer of a resident of the region or of the territories of the Palestinian Council to the council who is not an Israeli, who is present in Israel, for the purpose of executing a subpoena issued by an authorized court in the territories of the Palestinian Council for the purpose of giving testimony in a criminal case in its area of jurisdiction;

(C) An order for arrest and subpoena in accordance with Regulation 12(B) for the execution of a subpoena as stated;

(C1) A stay of exit order against a suspect, an accused person or convicted person who is present in Israel and not an Israeli, and such an order issued against a resident of the region or a resident of the territories of the Palestinian Council who is not an Israeli, for the purpose of executing an order issued by an authorized court in the territories of the Palestinian Council in regard to a criminal case within its jurisdiction;

(D) An order for the arrest of a suspect, accused person or convicted person who has yet to serve his full sentence, on an offense for which a court in Israel has authority, for the purpose of his transfer from the territories of the Palestinian Council to Israel, all subject to these regulations;

(2) In civil matters –

(A) (Annulled);

(B) A stay of exit order for the purpose of executing an order issued by an authorized judicial authority in the territories of the Palestinian Council in regard to a civil matter within its jurisdiction;

(C) In addition to what is stated in Subsection (A), the court in Israel will have any other power under the law in Israel that is required for executing Appendix IV of the agreement in regard to a criminal or civil matter.

(D) An arrest order will not be issued under Subregulation (A) if the request for issuing the order is not supported by an arrest order of an authorized court in the territories of the Palestinian Council.

Person in charge of legal aid

(9. A) The Minister of Justice will appoint a person qualified to be a district judge as the person in charge of legal aid (hereinafter – the person in charge); the person in charge will be responsible for the acts of legal aid under this chapter.

(B) The person in charge will transfer requests from the State of Israel to the council for legal aid, will handle such requests submitted on behalf of the council, and will do whatever is necessary to execute this paragraph and Appendix IV of the agreement, after confirming that the conditions required for granting legal aid have been fulfilled.

(C) For the purpose of executing Appendix IV of the agreement, the person in charge will have the authority to issue orders as follows:

(1) An order to collect a statement from a person who is present in Israel, whose statement is required for the purpose of a criminal investigation being conducted by the Palestinian Police; the statement will be collected in the presence of a Palestinian policeman, except in special cases as defined by Israel Police;

(2) An order for conducting investigation activities in Israel that do not require a court order under the law that applies in Israel, and to provide their results to the Palestinian Police, and all for the purpose of the investigation being conducted by the Palestinian Police;

(3) An order to deliver in Israel a summons to a court issued by an authorized judicial authority in the territories of the Palestinian Council;

(4) An order for the arrest of a wanted person as stated in Regulation 10.

(D) An act of legal aid in accordance with this chapter will be conducted, by request of the person in charge, by someone who conducts activity of this type in Israel as it is conducted in Israel, unless specified otherwise in these regulations.

(E) A certified translation to Hebrew will be attached to the council's requests and the ancillary documents, and a certified translation to Arabic will be attached to the requests submitted to the council.

Transfer of wanted person to Palestinian Authority

10. (A) If a request is submitted by the council to transfer a wanted person to it, the Attorney General, in consultation with the Minister of Justice, and after confirming that the terms for transferring the wanted person have been fulfilled in accordance with the agreement, is entitled to order his transfer to the council; for the purposes of this regulation, "wanted person" – a person who is not Israeli and is suspected, accused or has been sentenced and has not served his full sentence, of an offense that is under the judicial jurisdiction of the council.

(B) Such a request will give the reasons and be supported by an arrest order issued by an authorized court in the territories of the Palestinian Council.

(C) If such a request is submitted, the person in charge will be entitled to order a policeman to arrest the wanted person. The wanted person will be brought, within 48 hours, before a magistrate court judge who is authorized to order his remand until issuing a ruling on the transfer request. The period of arrest under this subregulation will not exceed 30 days, unless the Attorney General asks to extend it based on circumstances that delay decision.

(D) The decision of the Attorney General to transfer the wanted person to the council under Subregulation (A) will serve as authorization for holding the wanted person in detention until his transfer to the council.

(E) The person in charge is entitled, based on a request by the council and supported by an arrest order issued by a court in the territories of the Palestinian Council, to order a policeman to arrest a wanted person whose transfer the council is about to request, if he believes that the detention is necessary in order to ensure the transfer of the wanted person. A wanted person detained in this manner will be brought, within 48 hours, before a magistrate court judge, who is authorized to extend his remand for a period not to exceed 15 days.

(F) Despite the provisions of this regulation, the wanted person will not be transferred to the council in one of the following cases:  

(1) Sentence for the offense for which the transfer was requested is capital punishment, and the council did not guarantee to abstain from imposing such punishment, or if imposed, to replace it with a lighter punishment;

(2) The council did not guarantee that the wanted person would not be placed on trial in the territories of the Palestinian Council for an offense other than the one for which his transfer was requested.

(G) The transfer of a wanted person who is resident of a foreign state will be subject to the directives of the agreement, in coordination with his state of origin and international covenants to which Israel is a party; however, a wanted foreign resident who was not transferred to the council can be placed on trial in Israel, in accordance with the law that applies in Israel, as if the offense were committed in Israel, if the Attorney General so decides and the council consents.

(H) The person in charge is entitled to delay transfer of a wanted person who is in detention or imprisoned in Israel, until the end of his period of detention or arrest.

(I) Nothing in this regulation prevents action under any law vis-à-vis someone illegally present in Israel.

Powers of Israel Police

11. (A) For the purpose of executing Appendix IV of the agreement, Israel Police will execute an order issued by a court under Regulation 8, as well as an order issued by the person in charge under Regulation 9(C).

(B) In executing his powers under this regulation, the same law will apply to a policeman as applies to him in Israel when he acts to execute powers of this type.

(C) The Israel Police are authorized to transfer to the Palestinian police information from the Criminal Register, from the databank of fingerprints of suspects, from the Registry of Vehicle Ownership, from the Population Registry, as well as other information and items, as required in the view of Israel Police for the needs of an investigation being conducted by the Palestinian Police.

(D) The law pertaining to a statement collected by the Palestinian Police in the presence of an Israeli policeman is the same as the law pertaining to a statement collected by the Israeli policeman who was present during its collection.

(E) In regard to this section, a person will also be regarded as a policeman if assigned the powers of a policeman or a person authorized to conduct investigations under Section 109 of the Value Added Tax Law, 1975, Section 86 of the Customs Law [New Version], Section 20 of the Purchase Law (Goods and Services), 1952 and Section 227 of the Income Tax Ordinance [New Version].

Execution of subpoenas

12. (A) A request by the council to execute a subpoena issued by an authorized court in the territories of the Palestinian Council against a person for the purpose of giving testimony in a criminal case that is within its jurisdiction, will include a declaration that the transfer is required for the sole purpose of giving testimony.

(B) An Israeli or a person not resident of the region or a resident of the territories of the Palestinian Council, brought before an authorized court in the territories of the Palestinian Council for the purpose of giving testimony in accordance with Regulation 8(A)(1)(B) and (C), or presenting himself to give testimony in a court as stated in a criminal case, will be escorted by a policeman or a soldier who will also be present during the time the testimony is given; after testifying, a policeman or soldier will escort the witness back outside of the territories of the Palestinian Council, unless the witness waives the escort.

Restrictions on legal aid

13. (A) No action will be taken under this chapter if the Attorney General determines that it is liable to harm the sovereignty of the State of Israel, its security, public order or another vital matter of the State of Israel.

(B) No information will be provided under this agreement unless the recipient of the information guarantees, in general or for a specific matter, not to make use of it except for the purpose for which it was provided, and ensures protection of the confidentiality of the information in cases in which, according to the law, such confidentiality should be protected.

(C) No investigatory action will be taken under this agreement in regard to suspicion of an offense unless it is demonstrated, to the satisfaction of the person in charge, that the requested action relates to the offense committed.

(D) The Minister of Justice is entitled to order, in general or for a specific case, that an action under this chapter will not be taken if the council abstains from providing legal aid upon request by the State of Israel.

Transfer of suspect to Israel

14. (A) A request to transfer a suspect from the council to Israel, when a court in Israel has judicial authority over him under any law, and prior to issuance of an indictment against him, will be supported by an arrest order from the court; the request for an arrest order will be submitted with the approval of the Attorney General and will note that there is a reasonable basis [to believe] that the offense was committed by the suspect.

(B) A suspect transferred to Israel in accordance with such a request is entitled to be assisted during the period of the investigation by an attorney of his choice, and in regard to this matter the directives of Section 29 of the Criminal Procedure Law [Combined Version], 1982, will apply, with the exception of Subregulation (F).

Transfer of Palestinian sentenced in Israel

15. (A) A resident of the region or of the Palestinian Council who is not Israeli, and is sentenced to imprisonment by a court in Israel, will be able to serve his sentence, if not served in Israel, in the territories of the Palestinian Council where he resides, unless he objects to this; serving a sentence as stated will be subject to arrangements to be defined in an agreement between the State of Israel and the council, and in accordance with an order from the Minister of Justice, in consultation with the Minister of Defense or Minister of Police, according to the case.

(B) A sentence or method of treatment as stated in sections 25 and 26 of the Youth Law (Judgment, Punishment, and Methods of Treatment) 1971 imposed by a court in Israel against a minor, resident of the region or of the territories of the Palestinian Council and not Israeli, can be carried out, if not carried out in Israel, in the territories of the Palestinian Council where he resides, unless he opposes this; carrying out the sentence or method of treatment as stated will be subject to arrangements to be defined in an agreement between the State of Israel and the council, and in accordance with an order issued by the Minister of Justice in consultation with the Minister of Defense, the Minister of Public Security or the Minister of Labor and Social Welfare, as the case may be.

Legal aid in civil matters.

16. The Minister of Justice, in consultation with the Constitution, Law and Justice Committee of the Knesset, is entitled to determine, in an order, directives pertaining to –

(1) The delivery in Israel of documents issued by an authorized judicial authority in the territories of the Palestinian Council (in this section – the judicial authority) in civil cases;

(2) The verification of external documents composed or issued in the territories of the Palestinian Council;

(3) The methods of collecting testimony in Israel for the purposes of civil proceedings being conducted in the judicial authority;

(4) The enforcement and implementation in Israel of conclusive rulings issued by a judicial authority in civil cases;

(5) The recognition or approval of documents issued or approved by an authorized authority in the territories of the Palestinian Council;

(6) The protection of copyright on works published for the first time in the territories of the Palestinian Council, or if not published – whose author was a resident of the territories of the Palestinian Council.

Providing information or knowledge to the council

16A. (A) Despite the directives of any law, and subject to the directives of Regulation 13(B), the government ministries, other state institutions and corporations legally established for the purpose of carrying out the state's commitments toward the council, are entitled to provide the council with information and knowledge pertaining to a resident of the region or a resident of the territories of the Palestinian Council, who is not an Israeli, in regard to a transaction or agreement between said resident and another person – including information or knowledge about this person that pertains to the transaction or the agreement.

(B) A person who provides information or knowledge under this section will keep a record of the information provided.

(C) Each minister within the domain of his ministry is entitled to assign employees who will be entitled to provide information to the council in accordance with this regulation.

Implementation

17. The Minister of Justice, in consultation with the Constitution, Law and Justice Committee of the Knesset, is entitled to issue orders for the purpose of implementing this chapter.

Validity of powers

18. These regulations do not detract from the powers under another law.

19. (Annulled).

 

 

 

 

 

 

 

Addendum (Regulation 6B)

1. Entry to Israel Law, 1952

2. Defense Service Law [Combined Version], 1986

3. Bar Association Law, 1961

4. Income Tax Ordinance

5. Population Registry Law, 1965

6. Work Service in Time of Emergency Law, 1967

7. National Insurance Law [Combined Version], 1968

8. Psychologists Law, 1977

9. Registering Equipment and Mobilizing it for the Israel Defense Force, 1987

10. Traffic Ordinance

11. Traffic Regulations, 1961

12. State Health Insurance Law, 1994

13. In the Hague Convention Law (Returning Abducted Children), 1991

14. Inheritance Law, 1965

15. Adoption of Children Law, 1981

16. Legal Competence and Guardianship Law, 1962

17. Surrogate Motherhood Agreements (Approval of Agreement and Status of Newborn) Law, 1996

 

 

Shneur Zalman Shazar             Levi Eshkol                 Yaakov S. Shapira

President of the State               Prime Minister             Minister of Justice

 
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