Israel Import and Export Ordinance [new version], 1979

Israel Import and Export Ordinance [new version], 1979
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Israel Import and Export Ordinance [new version], 1979

Disclaimer: This is an unofficial translation of the Hebrew text on https://www.nevo.co.il/law_html/law00/72786.htm
For anyone who has interested to establish export-import facilities in Israel, it’s good to check this out.
This is just a reference, there might be mistakes! If you need accurate meaning, please refer to commercial lawyers.

Interpretation

1. (a) In this order –

” enemy ”

(1) A country at war with Israel;

(2) A single resident in an enemy country;

(3) A member of society, whether incorporated or unincorporated, who conducts business in any place and is subject to the supervision of a person who is an enemy according to this subsection, and as long as he is subject to his supervision;

(4) An association of people founded or incorporated in a country at war with Israel or according to its laws;

(5) Any other person who should be considered an enemy for the purpose of legislation regarding trade with the enemy;

However, a person is not an enemy by virtue of being an enemy citizen only;

“Enemy citizen”

(1) an individual who is a citizen of a country at war with Israel and is not an Israeli citizen;

(2) An association of people founded or incorporated in a country at war with Israel or according to its laws;

Means of transport“-

an animal, cart, vehicle, vessel or aircraft used to transport goods;

Enemy country“-

All territory subject to the sovereignty of a country that is at war with Israel or held by it, and is not territory held by Israel or by a country that is an ally, as well as any territory that must be treated, for the purpose of the Trade with the Enemy Ordinance, 1939, as in enemy land;

Owner” –

(1) Regarding means of transportation – including a person acting on behalf of the owner as an agent or courier to receive transportation fees for the use of the means of transportation;

(2) In the case of goods – including an importer, exporter, receiver or agent for those goods or pretending to be one of these, and anyone who owns them or claims to be related to them or who has the authority to carry and give them, with the exception of the public official acting in his official capacity;

The manager“-

the Director of Customs and Excise;

Feeder Vessel” –

regarding goods – importation, exportation, transport along the coast, the loading in a vessel used for shipping for the needs of the vessel, including an attempt to perform one of these operations on the goods or placing them in a certain place for the purpose of doing them or preparing to do them;

Standards Law ” – Standards Law, 1953-5773;

Goods ” – including animals;

Captain“- the person who has, or has assumed, the control or command of a vessel, and is not a navigator or a civil servant;

The customs authority” – as defined in the Customs Ordinance;

Competent authority“- Whoever the minister has appointed to be a competent authority for the purpose of this ordinance;

The minister” – Minister that the government has established regarding this order, in whole or in part.

(b) A certificate from the minister, stating that a certain territory is or was subject to the sovereignty of a certain country or is held or was held by it, or indicating the time when the territory began or ceased to be subject to its sovereignty or possession – shall be used, for the purpose of any procedure under this order, as conclusive evidence of the facts expressed in it.

Control order on diversion of goods

2. The Minister of the Economy may establish in a decree instructions that he deems useful for the prohibition or regulation of the importation of goods in general or goods defined in the decree, or services or knowledge in general or those defined in the decree, their export, their transport along the coast or their loading in a vessel used for shipping for the needs of the vessel, in a general way or for the types Explicit matters, and subject to exceptions to be established by decree or by virtue of it; Such an order (hereinafter – an inspection order) can be general or restricted, all according to tests that appear to the Minister of Economy in the circumstances of the matter; For the purpose of this section –

Knowledge“- knowledge or technology related to the development, production, packaging, or maintenance of equipment or its repair;

Services” – Providing service to others, including regarding goods and knowledge.

Importing goods to which an official standard applies

2a. (A) In sections 2a to 27 –

“Standards Law” – (deleted);

Union of Chambers of Commerce“, “The Craft and Industry Association” and “Association of Industrialists in Israel“-

any of these or another body that will take their place in accordance with the decree established according to section 27 of the Standards Law;

Laboratory test confirmation” – model approval or delivery approval;

Model approval“- a certificate of a testing laboratory based on a test in accordance with the instructions according to section 2g(d), according to which a model of tested goods meets the standard requirements as stated in section 9(a)(1) of the Law Standards, which apply to it;

” Shipment verification “- a certificate of a testing laboratory that relies on a test in accordance with the instructions according to section 2g(d) of a sample of a particular good in a particular shipment, according to which the tested goods are identical to the model of the good for which a model certificate was issued;

” Confirmation of compliance with the supervisor’s requirements “- Confirmation regarding compliance with the inspection of compliance with the standardization requirements as stated in Section 9(a)(1) of the Standards Law, in accordance with the instructions and conditions established under this ordinance, including the instructions of the commissioner of standardization pursuant to this ordinance, regarding imported goods;

” Conditional release approval ” – as defined in Section 2e(b)(1);

Goods” – including goods that are also commodities according to the Standards Law;

Registered importer“- an importer who is registered in the importers registry according to section 2c;

Standards Institute“- the Institute as defined in the Standards Law;

The person in charge of standardization” and “official standard” – according to their meaning in the Standards Law.

Testing laboratory” – Standards Institute or a recognized laboratory;

Recognized laboratory“- a laboratory to which the person in charge of standardization gave recognition according to section 2j;

Close” – as defined in the Companies Law, 5599-1999;

Release“- Release of goods from the supervision of the customs authority;

Control” – as defined in the Securities Law, 1968-5778.

Product Portfolio“- the details and documents listed in the addendum that is required to be kept according to section 21b(a)(1).

(b) Without detracting from the generality of the provisions of Section 2, the provisions that the Minister of Economy will establish in a supervisory order regarding the regulation of the importation of goods that require compliance with the requirements of an official standard, all or in part, shall apply an obligation to submit a statement to the Commissioner of Standardization regarding the compliance of the goods with the requirements of the standard as stated in Section 9(a)(1) to the standards law that apply to them, and in the wording and accompanying documents that the commissioner of standardization directs, and no obligation to produce a laboratory test certificate will apply.

(third) 

In addition to the obligation to submit a statement as stated in subsection (b), the Minister of Economy and Industry may establish in the supervision order for the regulation of the import of goods an obligation to produce a model approval, after receiving the recommendation of a team in which all of the following are members (in this section – the team):

(1) The Director General of the Ministry of Economy and Industry who will serve as the chairman of the team;

(2) the person in charge of standardization;

(3) The budget supervisor at the Ministry of Finance or the employee of the budget department he appointed for this purpose;

(4) The supervisor of the competition or an employee of the competition authority that he appointed for this purpose;

(5) The minister in charge as defined in section 8(d) of the Standards Law (in this section – the minister in charge) or the employee of the office he appointed for this purpose.

(C1) In case of equal votes among the team members, the position of the team chairman will decide.

(d) Notwithstanding what is stated in subsection (b), the instructions established by the Minister of Economy and Industry in the inspection order regarding the types of goods as detailed below shall apply to the obligation to produce a model approval and delivery approval instead of the obligation to submit a declaration:

(1) Goods that are subject to an official standard and are of these types: lifting equipment; pressure equipment; accessories or devices used in condensed hydrocarbon gas systems (cooking gas), including gas containers, valves, meters, faucets, piping, devices that require gas; fire safety measures and fire detection and extinguishing equipment; iron for concrete; facilities for children in playgrounds; toys for children up to the age of three; pacifiers and nipples; pacifier holder; bottles and tableware for feeding babies; and power cables for low and medium voltage; However, the Minister of Economy and Industry, upon the recommendation of the Commissioner for Standardization and in consultation with the Minister in Charge, may establish in the inspection order an obligation to submit only a declaration or approval of an expired model and a shipment approval, regarding goods according to this paragraph or such types of goods as he may determine, provided that he is convinced that it is possible to supervise the importation of the goods and enforce the provisions of this order in their matter;

(2) Goods to which an official standard applies and the person in charge of standardization has found that they have a defect that may endanger the safety, health or safety of the public or the quality of the environment on a large scale; If the person in charge of standardization finds that there is a defect as stated, he will recommend to the Minister of Economy and Industry to determine the obligation to produce a model approval and a delivery permit, and the minister may, according to the aforementioned recommendation , determine the obligation for a period of six months, taking into account, among other things, the type of defect, its scope, and the degree of its effect on his safety and health or the safety of the public or the extent of its impact on the quality of the environment; The Minister of Economy and Industry considered that this is required according to the recommendation of the Commissioner for Standardization, he may extend the said period by an additional period of six months;

(3) Goods to which an official standard applies for the first time and the team recommended to the Minister of Economy and Industry to establish an obligation to produce a model approval and delivery approval, if it finds that there is a significant fear of harming the public’s peace, health or safety, or the quality of the environment;

(4) Goods to which an official standard applies and are of these types: electric boilers and solar systems; cutting and grinding stones and thermostats; The Minister of Economy and Industry will determine the obligation to issue a model approval and a delivery approval for the said goods so that it will apply for a period of six months from the date of commencement of the mark as defined in Section 98(a) of the Economic Plan Law (Amendments to Legislation for the Implementation of the Economic Policy for the Budget Years 2021 and 2022), 2021, and he may extend the said period by one additional period not to exceed six months if he finds that there is justification for doing so; at the end of the period in which the obligation to produce a model approval and delivery approval will apply as mentioned, the Minister of Economy and Industry shall establish with regard to goods according to this paragraph the obligation to submit a statement subject to the provisions of section 2a(c).

(e) (repealed)

(and) 

The person in charge of standardization may determine that a person who imports goods or seeks to import goods is a breach of trust for a period that he has determined and which shall not exceed one year from the date of his determination, and he may, in addition to what is stated in subsection (c), determine additional or other inspection requirements for such person, including , a guarantee requirement, and everything only that informed the person present regarding him as mentioned that he is in breach of trust, and gave him a reasonable opportunity to assert his claims; In this section, breach of trust ” – A person who imports goods or seeks to import goods for whom the person in charge of standardization is aware that one or more of the following have occurred:

(1) He imported goods or sought to import goods based on false or incorrect information, including using false or incorrect documents;

(2) In the opinion of the Commissioner of Standardization, he violated a condition of the conditions established for the importation of the goods according to subsection (c) or ceased to fulfill such a condition, and the Commissioner believed that due to the nature, severity or circumstances of the violation there is a reasonable basis to determine that he is in breach of trust;

(3) He violated a provision of the provisions of this order or a supervisory order or other legislation applicable to the importation of goods or violated a provision according to any of them, and the person in charge of standardization believed that due to the nature, severity or circumstances of the violated provision there is a reasonable basis to determine that he is in breach of trust; In this paragraph, Violated provision ” – The person who has been determined in a judicial or administrative procedure according to law, including according to section 14, to have violated legal provisions.

(g) The minister will establish instructions regarding the requirement of the guarantee from a breach of trust according to subsection (f), and, among other things, instructions regarding the type of guarantee, its conditions, amount and forfeiture.

(h) (repealed)

Applicability of section 2a

2b. (A) In this section –

” day of initiation “- the day of commencement of the Standards Law (Amendment No. 10), 2013-2013, according to Section 25(b) of the said Law;

” Competent authority ” – as defined in an inspection order or another authority established in an inspection order regarding the regulation of the import of goods within the scope of whose authority are the goods subject to regulation or the granting of an import license or import permit.

(b) (repealed)

(c) (repealed)

(d) The Commissioner of Standardization published instructions on the eve of the day of commencement that it is required of those who import goods or who wish to import goods to give an affidavit regarding compliance with the provisions of an official standard, this directive will remain valid with this change: instead of an affidavit, a statement will be submitted to the Commissioner according to the wording he orders according to section 2a(b); However, the person in charge of standardization may order the submission of such a statement also to each of these, who will act according to his instructions:

(1) An employee of a government office who authorized this matter, with the consent of the minister in charge;

(2) An employee of a corporation established by law, whose purpose is to ensure an adequate level of the quality of the goods, provided that the corporation has been authorized to do so by the Minister of the Economy and the Minister of Finance; Certification of such a corporation shall be for a period not exceeding three years and may be extended for two additional periods.

(E) The provisions of section 2a and this section do not detract from the powers of a competent authority in the matter of regulating the import of goods within the scope of whose authority the goods subject to regulation are located, and they do not prevent a competent authority from requiring a declaration regarding the conformity of the goods to the standard, in whole or in part, for the purpose of granting a license or an import permit.

Registration of importers

2c. (A) 

The Commissioner of Standardization will maintain a registry in which importers of goods will be registered by whom goods will be imported that require a certificate of compliance with the Commissioner’s requirements (in this order – the registry of importers).

(b) 

An importer who wishes to import goods whose import is subject to a certificate of compliance with the commissioner’s requirements, shall record all of these in the importer’s register, in accordance with the instructions of the commissioner of standardization:

(1) his full name, address and contact methods;

(2) Details of his authorized dealer, and if he is a corporation – the identification details of the corporation, including details of the controlling owners of the corporation, corporations controlled by that corporation, as well as any corporation controlled by any of these;

(3) A statement on the veracity of the details he entered in the registry according to this subsection, as well as a statement that he has not been convicted and no indictment has been filed against him for an offense under sections 239, 290 to 297, 383 to 393 or 414 to 438 of the Penal Law, 1977-1977 (hereinafter – Penal Code).

(third) 

The person in charge of standardization may demand from an importer registered in the registry of importers, additional documents or details necessary in his opinion for the purpose of his identification or for the purpose of ascertaining the details he provided pursuant to this section, including the identification details of the corporation as stated in subsection (b)(2).

(d) 

If there is a change in the details or documents provided by an importer according to sub-sections (b) or (c), the importer shall report the change to the standardization supervisor in writing, as soon as possible, and no later than 14 business days from the date of the change.

(E) 

Notwithstanding what is stated in subsection (b), an importer has been convicted or an indictment has been filed against him for one of the offenses listed in that subsection, the importer may submit to the Commissioner of Standardization a reasoned request to be registered in the registry; The person in charge of standardization may approve such a request if, in his opinion, due to the nature of the offense, its seriousness or circumstances, there is no obstacle to including the applicant in the registry.

(and) 

The person in charge of standardization may cancel the registration of an importer registered in the registry or suspend it until conditions he orders are met or for a period he orders not to exceed one year, if he finds that one of the following is met:

(1) The registration was made based on incomplete, incorrect or misleading information;

(2) The registered importer, and if he is a corporation – he or an officer thereof or one of the parties listed in subsection (b)(2), has been convicted of an offense, which, due to its nature, seriousness, or circumstances, does not deserve, in the opinion of the person in charge of standardization, to be included in the registry, even if it is not an offense listed in section minor (b)(3) or has been charged with an offense as mentioned;

(3) The registered importer has violated a provision of the instructions according to this order or according to the standards law;

(4) The registered importer or someone on his behalf refused to cooperate in order to clarify a suspicion that the goods imported by him do not meet the requirements of the official standard applicable to them;

(5) The registered importer or one of the parties listed in subsection (b)(2) has been determined to be a breach of trust for the period stated in section 2a(f) due to violations he committed, which the person in charge of standardization believed that due to their nature, severity or circumstances, the importer does not deserve to be included in the registry, and has not yet expired the period established as mentioned above;

(6) He is convinced that there is a real fear of harming the health, safety or safety of the public or the quality of the environment.

(g) 

The person in charge of standardization will not make a decision according to subsection (f)(1) to (6) unless he has given the registered importer an opportunity to assert his claims.

(h) 

Notwithstanding what is stated in subsection (g), the person in charge of standardization believes that there is an urgent need to suspend the registration due to a real fear of immediate damage to the health, safety or safety of the public or the quality of the environment, he may suspend the registration immediately, for special reasons, provided that he gives the registered importer An opportunity to argue his claims as soon as possible after the hanging, and no later than 14 days from the date of the decision.

(i) (1) 

If an importer’s registration has been canceled according to this section, he will not be allowed to submit an application to be registered in the importers’ register except at the end of a period determined by the commissioner of standardization which shall not exceed 12 months, in accordance with the standards set by the commissioner of standardization in the instructions for this matter;

(2) 

The person in charge of standardization may apply the registration limit of an importer who is an individual, according to paragraph (1), also regarding his relative, or condition the registration of the relative on conditions, unless the person in charge of standardization is convinced, in accordance with the application of the relative, that there is no relationship between him and the aforementioned importer, a business relationship that justifies the imposition of a restriction on its registration;

(3) 

If the importer as stated in paragraph (1) was a corporation, the person in charge of standardization may apply the registration limit according to the said paragraph also regarding a controlling owner of the said corporation, his relative as stated in paragraph (2), a corporation controlled by the said corporation as well as any corporation controlled by any of these; The provisions of paragraph (2) shall apply, with the required changes, regarding the registration limit of a relative according to this paragraph.

Obligation to register in the importers registry

2d. 

An importer shall be registered in the importers’ register before importing goods whose importation by him requires a certificate of compliance with the requirements of the commissioner.

Release of goods from the supervision of the customs authority

2e. (a) (1) 

Goods imported by the same importer subject to a certificate of compliance with the Commissioner’s requirements will not be released from the supervision of the Customs Authority, except after receiving a certificate of compliance with the Commissioner’s requirements;

(2) 

In order to obtain a certificate of compliance with the commissioner’s requirements, a registered importer will submit an application to which a laboratory test certificate or statement will be attached, all in accordance with the instructions according to this order;

(3) 

A certificate of compliance with the commissioner’s requirements will be issued to goods that meet the requirements of an inspection order and the instructions of the commissioner of standardization according to this order, provided that no instruction has been given by the commissioner of standardization to refrain from issuing the certificate; The person in charge of standardization may order in a reasoned decision in writing the non-granting of said approval if he is aware that there is a fear of harming the well-being, health or safety of the public or the quality of the environment;

(3a) 

Without deviating from the provisions of this section, in the case of goods for which, in accordance with the provisions of this ordinance, a declaration is required only in order to release them from the supervision of the customs authority, a certificate of compliance with the requirements of the commissioner shall be issued within three working days from the date of submission of the declaration as required by this ordinance, unless the commissioner has decided to sample the product portfolio or the the product in accordance with the provisions of section 2(a2) or (a3);

(4) 

The provisions of paragraph (1) do not detract from the obligation to obtain approval from a competent authority or other body according to any law, prior to the release of the goods from the supervision of the customs authority.

(b) (1) 

Notwithstanding what is stated in subsection (a)(1), the person in charge of standardization may establish instructions regarding 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 – a conditional release certificate), under conditions that he orders , including receiving a written commitment from the importer to comply with the requirements of the inspection order and the instructions of the commissioner of standardization and in the appropriate cases receiving a guarantee in favor of the state treasury to ensure compliance with the aforementioned requirements;

(2) 

If a testing laboratory has given a conditional release certificate, the laboratory will act in accordance with the instructions of the standardization commissioner to ensure that the importer complies with the conditions for receiving a conditional release certificate, including the obligations given by the importer; If a testing laboratory finds that all the conditions for obtaining a conditional release permit have not been met or the importer’s obligations have not been met, the laboratory will act in accordance with the instructions of the commissioner of standardization according to this order, including reporting this in the manner ordered by the commissioner;

(3) 

The person in charge of standardization may prevent or delay the granting of a conditional release permit, if he sees that there is a fear of harming the well-being, health or safety of the public or the quality of the environment;

(4) 

The Minister of Economy and Industry will establish instructions regarding the requirement of a bond as a condition for granting conditional release approval, including instructions regarding the type of bond, its conditions, amount and forfeiture.

Disclaimer

2f. (A) 

established in an inspection order or in the directives of the commissioner of standardization, regarding imported goods, a declaration must be submitted to the commissioner of standardization in order to obtain confirmation of compliance with the commissioner’s requirements, the registered importer shall submit the declaration and any other document required according to the directives of the commissioner of standardization to the commissioner of standardization through a testing laboratory; In the guidelines of the commissioner of standardization, documents will not be required for the purpose of obtaining or using which direct contact between the importer and the manufacturer is required, including documents from the manufacturer.

(b) 

Notwithstanding what is stated in subsection (a), in order to prove the conformity of goods to the requirements of an international standard and its updates, including foreign regulations, which have been adopted as an official standard, all or part of them, as stated in section 9(a)(1)(b) of the Standards Law, shall be submitted A statement regarding compliance with the requirements as stated in that section along with the documents below:

(1) 

A test certificate from a laboratory certified by the member body of the ILAC organization or from the Standards Institute, according to which the goods meet the requirements of an international standard and its updates which have been adopted in an official standard, in whole or in part ;However, in the matter of proving that goods comply with the documentation and marking requirements set forth in an official standard applicable to the goods, the person in charge of standardization may state in his instructions that an alternative document can be attached to the aforementioned inspection certificate if the document indicates that the goods conform to the requirements of the foreign regulation, such as documentation regarding the materials included in the goods, provided that the alternative document is not Importer’s declaration as mentioned in section 2a(b);

(2) 

A certificate from a conformity assessment body or a testing laboratory regarding compliance with the requirements of a foreign regulation, if the requirement regarding this certificate was determined according to those regulations;

(3) 

A commitment that the goods in the shipment are identical to the goods referred to in the laboratory test certificate or an alternative document as stated in paragraph (1);

(4) 

A commitment to complete the marking required by Israeli law and to adapt goods that are electrical appliances to the current electrical grid in Israel before marketing them.

(third) 

In this section –

” ILAC organization “- the international organization of laboratory accreditation bodies and inspection bodies (International Laboratory Accreditation Cooperation);

” conformity assessment body (Conformity Assessment Body) – conformity assessment body according to the requirements of a foreign regulation.

Laboratory test confirmation

2g. (A) 

It is determined according to section 2a(c) or (d), regarding imported goods, it is mandatory to submit a laboratory test certificate in order to obtain a certificate of compliance with the commissioner’s requirements, the importer registered to the testing laboratory shall submit a request for a laboratory test certificate, together with all the required documents, in accordance with the instructions of the commissioner of standardization.

(b) 

In order to grant a laboratory test certificate as mentioned in subsection (a), a test laboratory will perform tests in accordance with the guidelines of the standardization commissioner, and will record in the communication and information system according to section 23 all of the following: the information regarding the findings of the tests it conducted, the details of the registered importer, the details of the goods, the official standard that applies to the tested goods, the instructions of the Commissioner for Standardization according to which he acted in relation to the goods and performed the test, the name of the manufacturer, the country of production and any other details that the Commissioner for Standardization established in his instructions; If the testing laboratory learns that there has been a change in one of the details it recorded in the aforementioned communication and information system, the laboratory will record the changed details in the communication and information system, without delay.

(c) (1) 

A testing laboratory will not carry out a test for the purpose of issuing a delivery certificate, unless it has carried out the test for the purpose of issuing a model certificate for those goods;

(2) 

Notwithstanding what is stated in paragraph (1), a test laboratory may carry out a test for the purpose of granting a delivery permit even if the model test was performed by another laboratory, if one of the following occurs:

(A) 

There is a cooperation agreement between the test laboratory that performed the shipment approval and another test laboratory that performed the model test; Such a cooperation agreement will be presented to the person in charge of standardization at his request, and he may condition the continuation of the operation according to the conditions he orders; In this regard, cooperation agreement ” – an agreement that guarantees that –

(1) 

The laboratory that performed the model test will transfer all the information required to perform the test to the laboratory that performs the shipment confirmation in order to perform a shipment confirmation in a reliable manner, including the product portfolio of the tested goods and a waiver of client privilege

(2) 

The laboratory that performs the shipment approval will transfer to the laboratory that gave the model approval the necessary information to continue the recognition of the model approval;

(b) 

There is a recognition agreement between the testing laboratory that performs the approval of the shipment and a laboratory operating outside of Israel, regarding the recognition of the results of the tests of the laboratory operating outside of Israel and regarding the receipt of any required information in a way that allows the testing laboratory in Israel to use the results of the test as a test conducted by it, provided that the person in charge of standardization has approved in advance and in writing that the agreement fulfills its requirements in accordance with the provisions of paragraph (3); In this regard, recognition agreement ” – an agreement between laboratories or an agreement between a laboratory and an international organization where companies work, which guarantees the observance of the accepted procedures for laboratory tests and the reliability of the tests, as well as that the laboratory operating outside of Israel will provide all the information required to the laboratory in Israel in order to recognize the tests as tests on its behalf, and for use in tests like her tests;

(third) 

The laboratory that performed the model test is a foreign laboratory listed in an intergovernmental mutual recognition agreement, as defined in section 12(a)(2a) of the Standards Law, and everything is subject to the provisions of the said agreement and the instructions ordered by the commissioner of standardization in this matter;

(3) 

The Commissioner for Standardization shall establish in his instructions and conditions regarding a recognition agreement as defined in subsection (2)(b), to ensure that such an agreement includes instructions regarding the quality of the tests performed by laboratories that are party to the aforementioned agreement, their reliability, verification of their results, receiving information from the laboratory operating outside of Israel and control that a laboratory operating in Israel will perform on the tests conducted by the laboratory operating outside Israel;

(4) 

A test performed by a laboratory operating outside of Israel shall be considered a test performed by the test laboratory that used it, and the said test laboratory shall be considered, for all intents and purposes, as having approved the model.

(d) 

The Commissioner for Standardization will establish in his instructions detailed instructions regarding the tests required to determine the conformity of imported goods to an official standard and for the purpose of obtaining confirmation of compliance with the Commissioner’s requirements, including the tests required to provide model approval and shipment approval, the scope of such tests and their format; In order to formulate such guidelines, the person in charge of standardization may consult with –

(1) Standards Institute;

(2) Recognized laboratories, and if laboratories have not yet been recognized in the field – approved laboratories in the same field as defined in Section 12 of the Standards Law;

(3) Association of Chambers of Commerce;

(4) The Association of Industrialists in Israel, the Association of Craft and Industry, as well as another body that is a member of the presidency of the business organizations that the person in charge of standardization saw fit to consult.

Cancellation, delay, suspension or conditioning of a laboratory test approval

2 h. (A) 

The person in charge of standardization may order an inspection laboratory to cancel a laboratory inspection permit that it has given, to delay its issuance, to subject it to conditions or to suspend it until the end of its inspection or until the fulfillment of conditions that it has established, after giving the registered importer an opportunity to assert its claims, if it finds that one or more of the following are met:

(1) 

The approval was given on the basis of false, partial, incorrect or misleading information, whereas if the correct and complete information was in front of the approval giver at the time the approval was issued, the approval would not have been given;

(2) 

Suspicion has arisen regarding the reliability of the approval, including due to a violation of a condition of the approval conditions or a provision of the instructions according to this order or another legislation by the importer receiving the approval.

(b) 

Notwithstanding what is stated in subsection (a), the person in charge of standardization believes that there is an urgent need to cancel the approval of a laboratory test, to delay its issuance, to make it dependent or subject to conditions, due to a real fear of immediate harm to the well-being, health or safety of the public or the quality of the environment, he may give To the testing laboratory an instruction as stated in subsection (a), even without giving the registered importer an opportunity to assert his claims, provided that he is given such an opportunity as soon as possible after giving the instruction and no later than 14 business days from the date of giving the aforementioned instruction.

(third) 

A parent in charge of standardization upon canceling a laboratory test permit, suspending it or conditioning it according to this section, will notify the customs authority of this.

Providing individual instructions to a testing laboratory

2t. 

The person in charge of standardization may give the testing laboratory special instructions regarding the performance of certain tests, tests of certain goods or tests for a certain importer, including ordering –

(1) 

The manner of carrying out the tests, taking samples and delivering them to a laboratory for testing, including another laboratory, operating in Israel or abroad, or keeping them for a specified period or using them in another way;

(2) 

Full inspection of compliance with the requirements of an official standard applicable to the goods, additional inspection, partial inspection, re-inspection, supplementary inspection, and all in the testing laboratory or in another laboratory, operating in Israel or abroad;

(3) 

The place of the tests.

Acknowledgment of laboratories

2j. (A) 

The person in charge of standardization may give the laboratory that he approved in accordance with the provisions of Section 12(a) of the Standards Law, recognition to carry out tests of conformity of imported goods to an official standard according to this ordinance, provided that he finds that the laboratory is prepared to comply with the instructions according to this ordinance in the areas of operation for which the approval was given according to Section 12(a) the aforementioned, including the instructions of the commissioner for standardization, including regarding connection to the communication and information system.

(b) 

The Minister of Economy and Industry may, according to the recommendation of the Commissioner for Standardization –

(1) 

to establish instructions regarding the granting of recognition according to subsection (a), including additional conditions for such recognition;

(2) 

With the agreement of the Minister of Finance, establish additional conditions on the conditions for granting recognition according to subsection (a), regarding the standard testing basket required for a certain type of goods or the obligation of the laboratory to perform tests in the areas of operation for which it has been granted approval according to section 12(a) of the Standards Law, in order to provide an answer for the needs of the Israeli economy.

(third) 

The person in charge of standardization may cancel recognition of the laboratory as stated in subsection (a), to depend on it, to limit it or to refuse to renew it, and the provisions of section 12(a1) of the Standards Law shall apply to this matter, with the required changes.

(d) 

If the person in charge of standardization decides to cancel recognition of the laboratory, to suspend it, to limit it or to refuse to renew it, according to subsection (c), he will notify the customs authority of this.

Dean of employees, managers, office bearers and examiners in a recognized laboratory

21. 

The law of employees, managers, office bearers and inspectors in a recognized laboratory, including those who assist them in exercising authority or providing service, regarding their duties according to this ordinance, as the law of state employees regarding these enactments:

(1) Public Service (Gifts) Law, 1979;

(2) The Public Service Law (restrictions after retirement), 1969;

(3) The Penal Code, regarding the provisions concerning public employees.

Obligations of registered importers

212 (A) 

A registered importer will be subject to the duties listed below, in addition to the duties imposed on him according to the Standards Law:

(1) 

A registered importer will keep the details and documents listed in the appendix, regarding each shipment of goods, for a period not less than seven years from the release date of the last shipment of goods of the same model;

(2) 

A registered importer will keep, for a period not less than seven years, the list of dealers to whom he transferred the goods directly;

(3) 

A registered importer shall allow the testing laboratory with which he has contracted for the purpose of obtaining a laboratory test permit, to perform any action required for the purpose of granting the permit and examining the fulfillment of his obligations in accordance with the conditional release permit, including allowing the test laboratory to enter the premises where the goods are stored, and to take documents and samples necessary to perform the test in accordance with the instructions of the person in charge of the regulation;

(4) 

If an importer begins testing certain goods in a specific shipment for the purpose of approving the shipment at one test laboratory, he will not be allowed to continue the test of the said goods in the same shipment or start the test anew at another test laboratory, unless he has received prior written permission from the supervisor on the standard and in the presence of exceptional circumstances that justify it, in the opinion of the supervisor and as he will specify.

(b) 

Without detracting from the generality of what is stated in subsection (a), receiving a certificate of compliance with the requirements of the commissioner according to this order does not detract from the responsibility of an importer to meet all the requirements of standardization as stated in section 9(a)(1) of the Standards Law applicable to the goods and the provisions of any law regarding the goods, including according to Section 9(a) and (a2)(1) and (2) of the Standards Law.

(third) 

Notwithstanding what is stated in subsection (a)(1), a registered importer is exempt from the obligation to maintain a product portfolio regarding goods that are not intended for marketing and distribution to the public and are one of the following:

(1) 

goods that are samples;

(2) 

goods intended for use in the production process;

(3) 

goods intended for personal use;

(4) 

Goods intended for industrial spare parts.

(d) 

The person in charge of standardization may, in a reasoned decision in writing, exempt a registered importer from the obligation to maintain a product portfolio regarding goods that are not intended for marketing and distribution to the public and are not listed in subsection (c).

The communication and information system

211 (A) 

The person in charge of standardization will manage a communication and information system that will include information regarding requests from registered importers to test laboratories to perform tests in order to obtain laboratory test certificates, including recording the results of the tests, the date of their existence, copies of the laboratory test certificates issued and any other identifying information regarding the tested goods required according to the provisions of this order (In this order – the communication and information system).

(b) 

The person in charge of standardization may, subject to the provisions of any law, establish instructions regarding those authorized to review the information contained in the communication and information system or enter information into it and regarding the scope of authorization and restrictions on the scope of review or information entry, and he may establish various review procedures that will apply to the Customs Authority, the Standards Institute, laboratories Registered sellers and importers, and all subject to the provisions of any law, including provisions regarding the protection of trade secrets.

(third) 

Anyone who has received information from the communication and information system contrary to the instructions according to this order, including without appropriate authorization, shall report this to the supervisor of standardization immediately, shall not disclose it to others, and shall not make any use of it except with the prior written approval of the supervisor of standardization.

Operating the communication and information system through the Standards Institute

2 hand (A) 

The person in charge of standardization may order the Standards Institute to operate the communication and information system under its management as stated in section 23 for a period of five years, provided that he does not give the order as stated except after establishing instructions according to section 23(b), as well as instructions that will ensure competition in the industry and will regulate these matters:

(1) 

Limiting permissions to access the communication and information system;

(2) 

access to the communication and information system for perusal of it or for the purpose of entering data into it, the types of data that will be entered into the system, the scope of perusal of the information and the time periods for entering information into the system and transferring it to the authorized parties;

(3) 

the maintenance of the technological system that will be used by the communication and information system, and the ways of securing the information contained therein;

(4) 

Ensuring the accessibility of the information contained in the system to those with authorization and to those who are given the right to review that information.

(B) 

Instructions according to subsection (a) will be determined after consultation with the registrar as defined in section 7 of the Privacy Protection Law, 1981-5571, taking into account acceptable technological alternatives that will be examined from time to time, and in a manner that avoids as much as possible, the risk of harming the security of the information contained in the communication and information system, including It’s a trade secret.

(third) 

The person in charge of standardization ordered that the communication and information system be operated through the Standards Institute, as stated in subsection (a), the following provisions shall apply:

(1) 

The Standards Institute will not operate the communication and information system except in accordance with the instructions established by the commissioner of standardization according to subsection (a) and in accordance with the instructions according to section 23;

(2) 

The Standards Institute will not refuse a request from a recognized laboratory to enter information into the communication and information system, in order to fulfill the functions of the recognized laboratory according to law;

(3) 

The Standards Institute will not disclose information contained in the communication and information system and will not make any use of it except in accordance with the instructions under this order;

(4) 

The communication and information system will be operated by the employees of the Standards Institute who received a permit to operate the system on behalf of the standardization commissioner, and they will be the only ones authorized to operate it on behalf of the institute;

(5) 

No information will be provided to employees of the Standards Institute who do not have a permit and authorization according to paragraph (4), except in accordance with the instructions established according to section 21(b);

(6) 

The Standards Institute will report to the Commissioner of Standardization any violation of the Commissioner’s instructions according to this section, including any case of transferring information included in the communication and information system to someone who is not authorized to do so.

(d) 

The person in charge of standardization may give permission to an employee of the Ministry of Economy and Industry whom he has authorized to do so, in order to control compliance with the instructions he ordered according to this section.

(E) 

The Minister of Economy and Industry, with the agreement of the Minister of Finance and with the approval of the Knesset’s Economic Committee, may extend the period during which the communication and information system will be operated by the Standards Institute as stated in subsection (a) for additional periods not to exceed five years each.

(and) 

The Minister of Economy and Industry, upon the recommendation of the Commissioner for Standardization, may order the appointment of an employee from among the employees of his office, for a period he directs, who will be responsible for operating the communication and information system instead of the Standards Institute as stated in subsection (a) and will act in accordance with the instructions of the Commissioner (in this section – the person responsible for operating the system), and the minister may also order the appointment of additional officials for the purpose of operating the system, who will be subordinate to the person responsible for operating the system, provided that it is proven to the minister’s opinion that one of the following is true:

(1) 

There is a real possibility that the actions of the Standards Institute or its failures in operating the communication and information system will cause an immediate disruption to the regular supply of goods to the economy or the provision of regular services to the economy;

(2) 

Serious damage has been caused to the competition between testing laboratories or serious damage to the activity of importers, or there is a real possibility of such damage, and all due to the manner in which the communication and information system is operated by the institute, by act or omission, or due to a violation of instructions according to subsection (a).

(g) 

The Minister of Economy and Industry ordered, as stated in subsection (f), that the person in charge of standardization, the person responsible for operating the system, and other officials as stated in that subsection, as directed by the Minister, may carry out within the Standards Institute any action required for the operation of the communication and information system, including that the person in charge and the person in charge may The operation of the system must give instructions to the Standards Institute or to those on its behalf who were involved in the operation of the system on the eve of the date on which the Minister’s order was given; Such instructions shall apply notwithstanding any right granted to the Standards Institute in the communication and information system or regarding its operation.

(h) 

The Minister of Economy and Industry will not give an instruction as stated in subsection (f) until after giving the Standards Institute an opportunity to assert its claims.

Supervisory powers

2 to. (A) 

For the purpose of supervising the regulation of the import of goods according to the provisions of sections 2a to 2d, including the supervision of testing laboratories, all the powers listed in section 10(b) and -(b1) of the aforementioned law, with the required changes and subject to the provisions of section 10(b2), provided that they have received appropriate training as ordered by the commissioner of standardization in the subjects related to this order.

(A1) 

The Commissioner of Standardization will operate a computerized supervision and control system that will be based on the customs notification system, on the basis of risk management, to examine declarations submitted to confirm compliance with the Commissioner’s requirements by means of a sample inspection of the goods or the product portfolio, as detailed in subsections (a2) and (a3), at his discretion.

(A2) 

The person in charge of standardization decided to sample the product portfolio, all of these will apply:

(1) 

Confirmation of compliance with the supervisor’s requirements will be delayed until the presentation of the product file or confirmation of a laboratory test if required according to the provisions of paragraph (5);

(2) 

The person in charge of standardization will immediately deliver to the importer a demand for the presentation of the product portfolio;

(3) 

The importer will be required to present the product portfolio within 72 hours from the date of receipt of the demand according to paragraph (2);

(4) 

Immediately upon presentation of the product portfolio and at the same time as checking its contents, a certificate of compliance with the supervisor’s requirements will be issued;

(5) 

After the deadline mentioned in paragraph (3) has passed and the importer has not presented a product file to the commissioner, a laboratory test approval will be required as a condition for the release of the goods.

(A3) 

The person in charge of standardization decided to sample the goods, all of the following will apply:

(1) 

Confirmation of compliance with the commissioner’s requirements will be delayed until the importer’s commitment is received that he will allow the sampling at customs or in the importer’s warehouses, according to the importer’s choice;

(2) 

The person in charge of standardization will immediately deliver to the importer a demand for sampling the goods and for accepting the importer’s commitment as stated in paragraph (1);

(3) 

Immediately upon receipt of the importer’s commitment to perform the sampling, a certificate of compliance with the commissioner’s requirements will be issued.

(b) 

Notice of supervisors empowered under this section shall be published in the records.

Powers of the Commissioner for Standardization to demand information and documents

216 (A) 

Without deviating from the provisions of section 22, the person in charge of standardization may require a registered importer or a testing laboratory to provide him, at the time, in the format and in the manner he directs, any information he needs to exercise his powers under this order or to facilitate its execution.

(b) 

The person in charge of standardization may set instructions regarding the manner of keeping information required according to the provisions of this order in order to keep the information in a reliable, clear and legible manner;If the commissioner is convinced that it is possible to approve the storage of the information digitally, he may, among other things, order ways to periodically back up the information and the ways to access it, including ordering the arrangements required to supervise the implementation of the provisions of this order, and he may permit the storage of information digitally for types of importers, as well as to establish different instructions taking into account the types of laboratories or types of importers, their size, the scope of their activities, the types of supplies or the types of information.

The assistance of the supervisor in the testing laboratories, their powers and duties

2161. (A) 

The commissioner of standardization may use the testing laboratory through which the importer submitted the request for confirmation of compliance with the commissioner’s instructions, in order to perform a sample test of the goods or the product portfolio according to section 2(a1); However, in the event of special circumstances, the person in charge of standardization may order, in a reasoned decision in writing, that the aforementioned sample test be performed through another testing laboratory; As part of assisting a testing laboratory according to this section, a testing laboratory may send notices and demands to the importer on behalf of the person in charge of standardization.

(b) 

Regarding assistance as stated in subsection (a), a testing laboratory and anyone assisting it as stated in section 21 shall act on behalf of the standardization commissioner in accordance with his instructions and instructions and under his supervision, and shall not exercise authority involving the exercise of discretion given to the standardization commissioner by law.

(third) 

The test laboratory may perform the sample test and act in accordance with its results and the guidelines of the standardization supervisor, as detailed below:

(1) 

Regarding a sample test of a product portfolio –

(A) 

The laboratory will check whether the product file contains all the details and documents listed in the addendum that must be kept according to section 21(a)(1);

(b) 

If the result of the test showed that the product file contains all the details and documents as mentioned in sub-paragraph (a), the laboratory will notify the supervisor of standardization and the importer;

(third) 

If the result of the test showed that the product file does not contain all the details and documents as mentioned in subparagraph (a), the laboratory will send a notice of demand to the importer to complete the missing details and documents within the deadlines set in the instructions of the standardization supervisor and will notify the standardization supervisor;

(d) 

If the importer has not completed the details and documents required to be completed according to sub-paragraph (c) within the deadlines set for this, the laboratory will send the importer a notice of demand for an immediate cessation of the sale of the goods and will notify the person in charge of standardization;

(E) 

The notice of demand according to sub-paragraph (d) will be valid until the completion of the product portfolio as required and the presentation of a certified laboratory certificate regarding the compliance of the goods with the standard requirements as stated in section 9(a) (1) of the Standards Law; In this regard, approved laboratory ” – as defined in section 12(a)(1) of the Standards Law;

(and) 

After completing the product file as required and presenting a certificate as mentioned in sub-paragraph (e), the laboratory will notify the importer and the person in charge of standardization; Upon delivery of the notice, the sale termination notice will be cancelled;

(2) 

Regarding a sample test of the goods –

(A) 

The laboratory will check the compliance of the goods with the standard requirements applicable to them as mentioned in section 9(a)(1) of the Standards Law;

(b) 

If the result of the test showed that the goods meet the standardization requirements as stated in section 9(a)(1) of the Standards Law, the laboratory will notify the person in charge of standardization and the importer;

(third) 

If the result of the test showed that the goods do not meet the standardization requirements as mentioned in section 9(a)(1) of the Standards Law, the laboratory will notify the person in charge of standardization and send the importer a demand notice, which will include all of the following:

(1) 

A demand for an immediate cessation of the sale of the goods and the collection of the goods that have not yet been sold to the public from all points of sale;

(2) 

A requirement to perform one of the following actions, at his choice:

(A) 

Eliminating the deficiencies and getting the laboratory’s approval for it;

(b) 

destroying the goods or returning them to the supplier from whom he purchased the goods;

(d) 

If the laboratory observes, in accordance with its professional assessment, that the goods do not meet the standardization requirements as stated in section 9(a)(1) of the Standards Law, and in accordance with the guidelines of the standardization commissioner, the goods constitute a danger to the public, it shall notify the standardization commissioner without delay, so that he may consider exercising his powers according to section 10a or 10b of the Standards Law;

(E) 

The commissioner of standardization decided to exercise his powers according to section 10a or 10b of the Standards Law, after receiving a notice from the laboratory as stated in sub-paragraph (d), he will be entitled to send notices to importers according to the aforementioned sections through the laboratory, provided that it is stated on the notice that it is according to the commissioner’s decision.

(d) 

In order to carry out the provisions of this section, the testing laboratories will exercise the powers granted to them according to sections 2e and 2g.

objection

2162. (A) 

A request notice from a testing laboratory as stated in section 2161 can be submitted to the supervisor of standardization within 14 days from the date of receipt of the laboratory’s notice; The aforementioned achievement will be submitted with a copy to the laboratory, which will send its reference within ten days; The person in charge of standardization may order the manner of submission of such an achievement.

(b) 

The submission of an achievement according to subsection (a) does not invalidate a notice of demand as stated in section 2161.

(third) 

A notification regarding a decision on achievement will be given to the importer and the laboratory.

Supervision of the supervisor of the testing laboratories

2163. (A) 

The person in charge of standardization and an inspector as defined in section 22 may use their powers according to sections 22 and 216 to supervise the activity of the laboratories according to section 2161.

(b) 

The person in charge of standardization will determine in his instructions provisions that will apply to the testing laboratories for the purpose of supervision and control of their activities according to sections 2161; Such instructions will be published on the website of the Ministry of Economy and Industry, and the person in charge of standardization may order additional ways to publish the instructions.

Prevention of conflict of interest in testing laboratory work

2164. 

A testing laboratory and those who assist it in exercising authority or providing a service as stated in section 21, shall not perform sample tests as stated in section 216, if handling them may cause them to be, directly or indirectly, in a situation of conflict of interest; If one of them becomes aware of a fear of a conflict of interest as mentioned, he will stop handling the inspection and inform the person in charge of standardization; The provisions of section 12(a2)(3) and (4) of the Standards Law that apply to an approved laboratory, shall apply, with the required changes, to a testing laboratory and to those who assist it as stated in this section.

Non-applicability to authorized authorities

217 (A) 

The provisions of sections 2c to 2164 will apply to the matter of confirming compliance with the supervisor’s requirements only, and they do not include –

(1) 

To detract from or change the powers of any authorized authority under this ordinance or to grant it additional authority;

(2) 

to detract from powers under the Customs Ordinance.

(b) 

Without detracting from the generality of what is stated in subsection (a), sections 2c to 2164 shall not apply in relation to the import of goods that are food as defined in the Public Health Protection (Food) Law, 2015.

Exceptions Committee

2 Ch. (A) 

An Exceptions Committee will be established whose role is to recommend to the Minister of Economy and Industry (in this section – the Minister) regarding the addition of a standard to the third addendum to the Standards Law in accordance with Section 9(a)(5) (b) of that law.

(b) 

And this is the composition of the Exceptions Committee:

(1) 

An employee of the Prime Minister’s Office will be appointed by the General Director of the Prime Minister’s Office and he will be the chairman;

(2) 

The Director General of the Ministry of Justice, or an employee of the Ministry of Justice appointed for this matter;

(3) 

the person in charge of import legality in the Ministry of Economy and Industry;

(4) 

an employee of the budget department in the Ministry of Finance appointed by the budget supervisor;

(5) 

an employee of the competition authority appointed by the competition commissioner;

(6) 

the person in charge of standardization;

(7) 

The Commissioner of the Authority for Consumer Protection and Fair Trade or an employee of the Authority appointed by the Commissioner for Consumer Protection and Fair Trade for this matter.

(third) 

An announcement on the appointment of the members of the Exceptions Committee and the composition of the current committee will be published on the website of the Prime Minister’s Office.

(d) 

The minister or the person in charge of standardization will contact the Exceptions Committee to receive its recommendation regarding the addition of a standard as stated in subsection (a); The application will be accompanied by the details of the standard in question and an opinion from the commissioner of standardization regarding the existence of a fear of harming public safety, public health or the quality of the environment, as well as a reference to the matter of competitive considerations and reducing the cost of living.

(E) 

The Exceptions Committee will forward its recommendation to the Minister within 60 days of receiving the request and will detail its reasons in its decision; If the Exceptions Committee did not pass its recommendation during the aforementioned period or announced during that period that it does not intend to discuss the application, it will be considered as if it recommended adding the standard in accordance with subsection (g).

(and) 

The Exceptions Committee will publish its recommendation on the website of the Prime Minister’s Office, provided that the information that is published will not include information that must not be disclosed according to Section 9(a) of the Freedom of Information Law, 1998; the committee may not include in said publication information that is not subject to disclosure according to Section 9. b) to the aforementioned law.

(g) 

The Exceptions Committee recommended that the standard be added to the third supplement to the Standards Law, the Minister may do so.

(h) 

The Exceptions Committee recommended to the minister not to add a standard to the third addendum to the Standards Law, he may contact the government for its approval to add the standard.

(ninth) 

To the minister’s request to the government to obtain its approval for the addition of the standard as stated in subsection (h), the details of the standard in question, the recommendation of the exceptions committee and the minister’s position detailing his reasons for not adopting the recommendation of the exceptions committee shall be attached.

(i) 

The minister has contacted the government according to subsection (h), he will notify the Committee of Exceptions thereof, and he may add in an order, the validity of which shall not exceed three months from the date of notification to the Committee of Exceptions, the standard for the third supplement (in this section – a temporary order), provided that they do not apply at the same time An order according to this subsection and an order issued according to subsection (t) concern the same standard.

(l) 

The government will make a decision regarding the minister’s appeal as stated in subsection (h) within 21 days from the date of the minister’s appeal to the government, and it may extend the period by additional periods, provided that the total additional period does not exceed 42 days; The government will be entitled to exercise its authority under this section through a committee of ministers, as it decides.

(12) 

If the government decided not to add the standard to the third supplement and the minister established a temporary order according to subsection (j) and the order is in effect at the time of the government’s decision, the minister will cancel the order as soon as possible .

(13) 

If the government has not decided within the period specified in subsection (11), the minister’s request to add a standard will be considered as having been approved by it, unless the minister has withdrawn his request according to subsection (h) before the end of the said period.

(Hand) 

If the government has decided to add the standard to the third supplement to the Standards Law or the minister’s application to add the standard has been approved due to the expiration of the period as stated in subsection (11), the minister may, with the approval of the Knesset’s Economic Committee, add the standard to the third supplement to the Standards Law by decree; If such an order was submitted for the approval of the Economic Committee and the Minister established a temporary order, he may extend the validity of the temporary order as long as the Economic Committee has not decided whether to approve the order.

(tu) (1) 

Notwithstanding what is stated in this section, if the Minister deems, including following a request from the public, that there is an immediate fear of damage to state security, public health, public safety, or the quality of the environment or that there is another essential need, he may add by decree a standard to the third addendum to the Standards Law even without receiving a recommendation the Exceptions Committee; Said order will be valid for a period not exceeding three months;

(2) 

The Minister requested that an order he determined according to paragraph (1) be in effect for a period exceeding three months, be referred to the Exceptions Committee as soon as possible, and the provisions of subsections (d) to (yd), with the required changes, shall apply to said application.

Deposit

3. (a) 

The Minister of the Economy may determine in an inspection order that the importer of goods or requests to import them or redeem them from the supervision of the Customs Authority, shall place a deposit to the credit of the Treasury in the place, amount, rate, time, period, under the conditions and in the ways that will be interpreted in the order, and to prohibit the redemption of goods except if a deposit has been deposited, and the Minister of the Economy may In consultation with the Minister of Finance, determine in a decree that the Treasury will pay the depositor interest at the rate and under the conditions explained in the decree.

(B) 

The Minister of the Economy may determine in a decree the obligations of the absentee, including the payment of interest at a rate deemed by the Minister of the Economy due to the failure to transfer the deposit on time to the Treasury Authority.

(third) 

The provisions of section 2 of the Customs and Excise Taxes (Rate Change) Law, 599-1949, shall apply to an order regarding the deposit of a deposit, as if it were an order imposing a tax within the meaning of that section.

(d) 

A supervision order can be modified or revoked by a subsequent supervision order.

The power of a supervision order

4. 

An inspection order has the power to suspend, in whole or in part, the operation of any law that prohibits or regulates the importation of goods, their export, their transport along the coast or their loading on vessels for the needs of the vessel, and it is possible to include any provisions, including penal provisions – including a fine of 10,000 pounds or twice From the value of the imported goods – which the Minister of Economy deems necessary to ensure the operation and enforcement of the decree.

The entry and exit of vessels and aircraft

5. 

To remove doubt, it is stated in this that with an inspection order it is possible to prohibit and regulate the entry of vessels and aircraft into and out of Israel as if they were the import and export of goods, and even if these vessels were transporting goods or passengers, whether they were moving under their own power or not; This provision does not detract from the provision of any legislation regarding customs regarding vessels and aircraft.

Levies

6. 

The Minister of the Economy may by decree order the imposition and collection of levies due to an inspection method included in an inspection order and determine their rates; Such an order may be modified or canceled by a subsequent order by the Minister of Economy; Levies collected under this section shall be paid into the treasury or into an official fund or account established by decree.

The goods that are unlawfully extended

7. (a) 

If goods are shipped in violation of an inspection order or in violation of the law applicable to trade with the enemy, the goods shall be confiscated on all the means of transportation used to transport them and they shall be handled as the Minister directs, either as a rule or in a particular case, provided that a vessel shall not be confiscated unless subsection (b) applies to it. ; The exporter or importer of the goods or his agent, or the shipper of the goods and anyone who tries to ship them, is liable to two years imprisonment or a fine three times the value of the goods or the value of the means of transport used to transport them, whichever is greater.

(B) 

Where an inspection order prohibited the export of goods unless they are sent to a certain place or to a certain person, and the goods that were sent as mentioned were delivered to another place or to another person, then if –

(1) 

If the registered volume of the vessel in which the goods were launched did not exceed two hundred and fifty tons, the vessel will be confiscated and handled as the Minister directs;

(2) 

If the registered volume of the vessel in which the goods were launched exceeds two hundred and fifty tons, the owner of the vessel is liable to a fine of five thousand pounds, and the vessel can be detained until the fine is paid or until a bond is given for its removal.

Authority to demand evidence

8. (a) 

A customs officer or a competent authority may demand from any person who owns smuggled goods or has control over them, sufficient evidence for the manager’s or a competent authority’s opinion that the smuggling of the goods is not prohibited by a control order or by the law applicable to trade with the enemy; No evidence was brought as mentioned, the goods will be confiscated and handled as the minister directs.

(B) 

If the customs official or the authorized authority required evidence as stated in subsection (a), the customs official may remove from his possession the goods in question with a guarantee sufficient for his opinion, so that the required evidence will be brought before him within a time he will determine; No evidence was brought as mentioned, the manager or the competent authority, as the case may be, may forfeit the guarantee and release the goods, or forfeit the goods, and conduct the confiscation as the Minister directs.

(third) 

The determination of the manager or of a competent authority, that no sufficient evidence was brought to support his opinion, shall be evidence of this in any proceeding according to this section as long as nothing to the contrary has been proven.

Forfeiture notice

9. (a) 

If goods or means of transport have been confiscated according to this order, the manager or an official authorized to do so will issue a notice of confiscation to the owner of the goods or the owner of the means of transport, or to his agent, or to the person who owns them or has control over them, including the captain of a vessel.

(b) 

If the address of the person to whom the confiscation notice is directed is known to the manager or the official who authorized it, the notice will be sent by registered letter; His address was not known to them – the announcement will be published in the records.

Issuance of a redemption certificate and return

10. (a) 

To ensure compliance with the provisions of this order, or of an inspection order, or of other legislation regarding the export and import of goods, or of the laws of trade with the enemy –

(1) 

A customs officer may at any time refuse to issue a redemption certificate to a vessel;

(2) 

Any vessel that has been issued a redemption certificate, shall be a customs officer, a naval officer, or any person authorized by the manager or an authorized authority to do so, as long as the vessel is within the boundaries of an Israeli port, to demand that the redemption certificate be returned to him.

(b) 

A refund request can be made orally to the captain of the vessel, or placed for him on the vessel with the master or supervisor of the vessel or assumed to be one of these, and if there is no captain – it can be delivered as stated 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 he is not known or cannot be found, it can be affixed to the vessel’s mast.

(third) 

If the redemption certificate is required to be returned, the validity of the certificate will immediately expire; The demand was not fulfilled, the captain’s sentence – a fine of 1500 lira.

(d) 

This section shall apply to an aircraft as if it were a vessel, and for this purpose – instead of “vessel” ie “aircraft”, instead of “port” ie “airport”, and instead of “captain” ie “commander”.

Instructions regarding the destination of goods

11. (a) 

The person who is about to export goods and delivers before export or shipment a statement regarding their destination and the manager or an authorized authority has reason to assume that the statement is false in an important detail, he may withhold the goods until the truth of the statement is proven; The truth of the statement has not been proven – the goods will be confiscated and they will be treated as the minister directs.

(b) (1) 

Any goods that were taken out of the territory of the state, the exporter or shipper of the goods must convince the manager or the competent authority, if required, that the goods did not reach the enemy or an enemy country, or prove that they did do not agree that the goods would reach the enemy or an enemy country and that they did not assist in this, and that they took all the steps necessary to ensure that the destination of the goods will be the place described in the documents they showed or submitted to the customs official in connection with the export of the goods;

(2) 

An exporter or shipper who did not convince or did not prove as stated in paragraph (1), will be fined three times the value of the goods or five hundred pounds, as required by the manager or the competent authority.

Advisory boards and committees

12. 

The Minister may appoint as many advisory councils and committees as he sees fit to assist him in implementing the provisions of this ordinance.

Compliance with laws

13. (a) 

This order is intended to add to the provisions of the Customs Ordinance and not to detract from them, however, vessels or goods seized pursuant to this Ordinance shall not be subject to the provisions of the Customs Ordinance in this matter unless expressly provided for in this Ordinance and to the extent that it is so provided.

(b) 

This order will not detract from the authority given by legislation to the government or one of its members.

Authority to atone for crimes with ransom money

14. 

The minister may pay a money ransom for any offense or action committed in violation of this order, provided that the ransom be no more than three times the value of the goods or the value of the means of transportation in which the offense or action was committed or no more than five hundred pounds, all according to the greater amount.

financial sanction

14a. (A) 

If an importer violates a provision of this ordinance, as detailed below, the person in charge of standardization may impose a financial sanction on him according to the provisions of sections 14a to 17, in the amount of 5,000 new shekels, and if he is a corporation – in the amount of 15,000 new shekels:

(1) 

not reporting to the Commissioner of Standardization a change in the details or documents he provided, contrary to the provisions of Section 2C(d);

(2) 

Did not keep details or documents, contrary to the provisions of section 21(a)(1) or (2).

(b) 

If an importer violates a provision under this ordinance, as detailed below, the person in charge of standardization may impose a financial sanction on him according to the provisions of sections 14a to 17, in the amount of 10,000 new shekels, and if he is a corporation – in the amount of 25,000 new shekels:

(1) 

Provided to the Commissioner of Standardization or to a testing laboratory incorrect details regarding goods to be imported, for the purpose of meeting the requirements of the Commissioner of Standardization as stipulated in the conditional approval or for the purpose of obtaining such approval from the Commissioner of Standardization , in one of the following:

(A) 

in the document or detail provided in the attachment to the request for approval of compliance with the commissioner’s requirements according to sections 2e(a)(2) and 2g(a);

(b) 

in the document or in the detail provided in the attachment to the statement according to sections 2e(a)(2) and 2f;

(2) 

provided incorrect information in the statement provided pursuant to Section 2C(b) or in the documents and details provided pursuant to Section 2C(b), (c) or (d);

(3) 

An importer of goods whose import requires a certificate of compliance with the commissioner’s requirements without being registered in the importers’ registry, contrary to the provisions of section 2d;

(4) 

violated a condition of the conditions for obtaining a conditional release permit established according to section 2e(b);

(5) 

Delivered certain goods in a certain shipment for testing by more than one testing laboratory, contrary to the provisions of section 21(a)(4);

(6) 

He did not report to the supervisor of standardization information contained in the communication system and the information that reached him, or discovered such information after such information or made use of such information without the prior written approval of the supervisor, all in violation of the provisions of section 23(c).

(third) 

Violation by a testing laboratory of a provision of the provisions of this ordinance, as detailed below, the person in charge of standardization may impose a financial sanction on it according to the provisions of sections 14a to 147, in the amount of 50,000 new shekels:

(1) 

gave a conditional release certificate not in accordance with the instructions of the commissioner of standardization according to section 2e(b);

(2) 

did not report non-fulfillment of obligations by an importer, if she became aware of it, or did not act in accordance with the instructions of the commissioner of standardization, contrary to the instructions according to section 2e(b)(2);

(3) 

performed an inspection for the purpose of granting a delivery permit without performing the inspection for the purpose of model approval and the conditions for performing the inspection using another laboratory according to Section 2G(c)(2), contrary to the provisions of Section 2G( c);

(4) 

Did not act in accordance with the instructions or guidelines given by the Commissioner of Standardization according to sections 2e, 2g, 2h, 29, 23 or 2id.

(5) 

informed the supervisor of standardization or the importer that a product file contains all the details and documents listed in the addendum that is required to be kept according to section 21(a)(1), without having checked the product file, contrary to the provisions of section 2161(c)(1)(a);

(6) 

found that a product file does not contain all the details and documents listed in the addendum that is required to be kept according to section 21(a)(1) and did not inform the supervisor of standardization, contrary to the provisions of section 2161( c)(1)(c);

(7) 

found that a product file does not contain all the details and documents listed in the addendum required to be kept according to section 21(a)(1) and did not send the importer a demand notice to complete the missing details and documents contrary to the provisions of 2161(c)(1)(c);

(8) 

did not inform the supervisor of standardization that the importer did not complete the details and documents according to her requirement within the deadlines set for this, contrary to the provisions of section 2161(c)(1)(d);

(9) 

did not send the importer a demand notice for the immediate cessation of the sale of the goods, contrary to the provisions of Article 2161(c)(1)(d);

(10) 

informed the person in charge of standardization or the importer that the goods meet the requirements of the standard without having inspected the goods, contrary to the provisions of section 2161(c)(2)(a);

(11) 

found that the goods do not meet the requirements of the standard and did not inform the supervisor of the standard, contrary to the provisions of section 2161(c)(2)(c);

(12) 

found that the goods do not meet the requirements of the standard and did not send the importer a demand for the immediate cessation of the sale of the goods and the collection of the goods that have not yet been sold to the public and a demand to perform actions, contrary to the provisions of section 2161(c)(2)(c).

(d) 

If the supervisor of standardization had reasonable grounds to assume that an importer or a testing laboratory, as the case may be, violated a provision of the provisions of this ordinance as stated in sub-sections (a) to (c), under aggravating circumstances , the supervisor of standardization may impose a financial sanction on them according to the provisions of sections 14a to 147, whose rate is one and a half times the amount of the financial sanction that can be imposed for that violation according to sub-sections (a ) to (c); In this regard, aggravating circumstances ” – a violation concerning an especially large amount of goods.

Notification of Intent to Charge

14b. (A) 

If the person in charge of standardization had reasonable grounds to assume that a person violated a provision of the provisions according to this ordinance as stated in section 14a (in this ordinance – the violator), and with the intention of imposing a financial sanction on him according to that section, he will give the violator a notice of the intention to impose a financial sanction on him (in this ordinance – notice of intent obligation).

(b) 

In the notice of intention to charge, the person in charge of standardization shall state, among other things, the following:

(1) 

The act or omission (hereinafter – the act), which constitutes the violation;

(2) 

The amount of the financial sanction and the period for its payment;

(3) 

The right of the violator to assert his claims before the commissioner of standardization according to the provisions of section 14c;

(4) 

The authority to add to the amount of the financial sanction due to a continuing violation or repeated violation according to the provisions of section 14e, and the date from which a violation will be considered a continuing violation for the purposes of the said section.

Right of argument

14c. 

A violator who has been notified of the intention to charge according to the provisions of section 14B may state his claims, in writing or orally, before the Commissioner of Standardization, regarding the intention to impose a financial sanction on him and regarding its amount, within 45 days from the date of delivery of the notice, and the Commissioner of Standardization may extend the said period in an additional period not exceeding 45 days.

The decision of the commissioner on the standard and payment requirement

14d. (A) 

The person in charge of standardization will decide, after considering the allegations made according to section 14c, whether to impose a financial sanction on the violator, and he may reduce the amount of the financial sanction according to the provisions of section 14f.

(B) 

The commissioner decided on the standardization according to the provisions of subsection (a) –

(1) 

impose a financial sanction on the violator – will give him a demand, in writing, to pay the financial sanction (in this order – payment demand), in which he will state, among other things, the updated amount of the financial sanction and the period for its payment;

(2) 

not to impose a financial sanction on the violator – he will be notified of this, in writing.

(third) 

In the demand for payment or in the notification according to subsection (b), the person in charge of standardization will specify the reasons for his decision.

(d) 

If the violator has not asserted his claims according to the provisions of section 14c, within the period stated in that section, the notice of intent to charge, at the end of that period, shall be considered a demand for payment delivered to the violator on the said date.

The violation continues and the violation returns

14e. (A) 

In the case of a continuing violation, the fiftieth part of it will be added to the fixed financial penalty for that violation for each day that the violation continues; In this regard, ” The violation continues – Violation of a provision of the provisions of this ordinance as stated in section 14a, after the supervisor notified the violator of that violation.

(B) 

In the event of a repeated violation, half of the amount of the aforementioned financial penalty will be added to the fixed financial penalty for that violation; In this regard, ” repeated violation – Violation of a provision of the provisions according to this ordinance as stated in section 14a, within two years of a previous violation of that provision for which a financial sanction was imposed on the violator or for which he was convicted.

Reduced amounts

14 and (A) 

The person in charge of standardization is not allowed to impose a financial sanction in an amount lower than the amounts stipulated in sections 14a and 14e, except according to the provisions of subsection (b).

(B) 

The Minister of Economy and Industry, with the consent of the Minister of Justice and with the approval of the Knesset’s Economic Committee, may determine cases, circumstances and considerations due to which it will be possible to impose a financial sanction in an amount lower than the amounts stipulated in sections 14a and 14e, and at the rates he will determine.

Updated amount of the financial sanction

14g. (A) 

The financial sanction will be according to its updated amount on the day of delivery of the payment demand, and for a violator who did not assert his claims before the commissioner of standardization as stated in section 14d(d) – on the day of delivery of the notice of intent to charge; An appeal has been submitted to a court according to section 142 and the payment of the financial sanction is delayed by the person in charge of standardization or the court – the financial sanction will be according to its updated amount on the day of the decision on the appeal.

(B) 

The amounts of the financial sanction stipulated in section 14a will be updated on January 1 of each year (in this subsection – the update day), according to the rate of change of the index known on the day of the update compared to the index that was known on January 1 of the previous year, and regarding the first update day – compared to the index published in the month January 2017; The said amount will be rounded to the nearest amount which is a multiple of 10 new shekels; In this regard, ” measure ” – the consumer price index published by the Central Bureau of Statistics.

(third) 

The person in charge of standardization will publish in the records and on the website of the Ministry of Economy and Industry a notice of the updated financial sanction amounts according to subsection (b).

The deadline for payment of the financial penalty

14 h. 

The violator shall pay the financial penalty within 45 days from the date of delivery of the payment demand as stated in section 14d.

Linkage and interest

14t. 

If the violator did not pay a financial sanction on time, the financial sanction will be added to the financial sanction, for the period of arrears, the linkage differences and interest as defined in the Interest and Linkage Ruling Law, 1961 (in this ordinance – linkage differences and interest), until it is paid.

Collection

14 J. 

A financial sanction will be charged to the state treasury, and the provisions of the Central Law for the Collection of Fines, Expenses and Fees, 1995-55, will apply to its collection.

Administrative notice

14 (A) 

If the commissioner of standardization had reasonable grounds to assume that a person had violated a provision of the instructions according to this ordinance, as stated in section 14a, and there were circumstances established by the commissioner of standardization, in the procedures, with the approval of the Attorney General, he may, instead of presenting him with a notice of intent to charge and impose a financial sanction on him, according to The provisions of sections 14a to 17, to issue him an administrative notice according to the provisions of this section; In this subsection, ” Attorney General ” – including a deputy to the Attorney General who was authorized by the Attorney General for this matter.

(B) 

In an administrative notice, the person in charge of standardization will indicate what the act constitutes the violation, will inform the violator that he must stop the violation, and that if he continues the violation or repeats it, he will be subject to a financial sanction due to a continuing violation or a repeated violation, as the case may be, as stated in section 14, and will also indicate the violator’s right Request the cancellation of the alert according to the provisions of section 14b.

(third) 

The person in charge of standardization will publish procedures established according to this section on the website of the Ministry of Economy and Industry.

Request to cancel an administrative notice

14 (A) 

If the violator is given an administrative notice as stated in Section 14K, he may contact the Commissioner of Standardization in writing, within 45 days, with a request to cancel the notice due to any of the following reasons:

(1) 

the infringer did not commit the infringement;

(2) 

The act committed by the violator, detailed in the notice, does not constitute a violation.

(B) 

If the person in charge of standardization received a request to cancel an administrative notice according to the provisions of subsection (a), he may cancel the notice or reject the request and leave the notice intact; The decision of the commissioner of standardization will be given in writing, and will be delivered to the violator along with reasons.

The violation continues and the violation repeats after a warning

14 (A) 

An administrative warning was given to the violator according to the provisions of Section 14K and the violator continued to violate the provision for which he was given the warning, the person in charge of standardization will give him a demand for payment due to the continuing violation as stated in Section 14E(A); A violator who has been given a demand for payment as mentioned above may plead his case before the commissioner regarding the continuation of the violation and the amount of the financial sanction, and the provisions of sections 14c and 14d will apply, with the required changes.

(B) 

An administrative warning was given to the violator according to the provisions of Section 14K and the violator repeated and violated the provision for which the warning was given to him, within two years from the date of delivery of the notice, the additional violation as mentioned above will be considered a repeated violation for the purposes of Section 14E(b), and the person in charge of standardization will give the violator a notice of intent to charge according to the provisions of Section 14b due to the repeated violation; A violator who has been notified of the intention to charge as stated above, may plead his claims before the commissioner of standardization and the provisions of sections 14c and 14d will apply, with the required changes.

Financial sanction due to violation according to this order and according to another law

14 hand. 

For one act that constitutes a violation of a provision of the provisions according to this ordinance listed in section 14a and of a provision of the provisions according to another law, no more than one financial sanction will be imposed, and if it were possible to impose both a ransom according to section 14 and a financial sanction for the aforementioned act of violation – only one of the two will be imposed .

Appeal

14 To. (A) 

A final decision of the Commissioner of Standardization according to sections 14a to 17 can be appealed to the Magistrate’s Court where the President of the Magistrate’s Court sits; Such an appeal shall be filed within 45 days from the day the violator was notified of the decision.

(B) 

Filing an appeal according to subsection (a) does not delay the payment of the financial sanction, unless the person in charge of standardization has agreed to it or the court has ordered it.

(third) 

The court decided to accept an appeal filed according to subsection (a) after the financial sanction was paid, and ordered the return of the amount of the financial sanction paid or the reduction of the financial sanction, the amount paid or any part of it that was reduced, will be returned, plus linkage differences and interest from the day of its payment until the day of its return.

Advertising

16 (A) 

The authority in charge of establishing a financial sanction according to the provisions of this order, will publish the following details on the website of the Ministry of Economy and Industry, in a way that will ensure transparency regarding the exercise of its discretion in making the decision to impose a financial sanction:

(1) regarding the imposition of the financial sanction;

(2) the nature of the violation for which the financial sanction was imposed and the circumstances of the violation;

(3) the amount of the financial sanction imposed;

(4) If the financial sanction was reduced – the circumstances due to which the amount of the sanction was reduced and the reduction rates;

(5) details about the infringer, concerning the matter;

(6) The name of the infringer – if the infringer is a corporation.

(B) 

If an appeal has been filed according to section 142, the person in charge of standardization, according to subsection (a), will publish the notice of the filing of the appeal and its results, in the same way as he published the notice of the imposition of the financial sanction.

(third) 

Notwithstanding the provisions of subsection (a)(6), the person in charge of standardization may publish the name of an individual violator, if he believes that this is necessary for the purpose of warning the public, after giving him an opportunity to argue his claims before him in this matter.

(d) 

Notwithstanding what is stated in this section, the person in charge of standardization will not publish details that are in the nature of information that a public authority is prohibited from providing according to section 9(a) of the Freedom of Information Law, 2018-1998, and he is also entitled not to publish details according to this section, that are in the nature of information that a public authority does not have to hand over according to section 9(b) of the aforementioned law.

(E) 

Publication according to this section regarding a financial sanction imposed on a corporation shall be for a period of four years, and regarding a financial sanction imposed on an individual – for a period of two years; In the aforementioned publication, the person in charge of standardization will implement adequate and advanced technological measures to prevent, as much as possible, the possibility of reviewing the published details at the end of the publication period.

(and) 

The Minister of Economy and Industry may determine additional ways to publish the details mentioned in this section.

Keeping criminal liability

17. (A) 

Payment of a financial sanction or issuance of an administrative notice according to sections 14a to 16, as the case may be, will not detract from a person’s criminal responsibility for violating a provision of the provisions under this ordinance listed in section 14a, which constitutes an offense.

(B) 

If the person in charge of standardization sends the violator a notice of intent to charge or issues an administrative notice to him, due to a violation that constitutes an offense as stated in subsection (a), no indictment will be filed against him for that violation, unless new facts have been discovered that justify it.

(third) 

An indictment has been filed against a person for a violation that constitutes an offense as stated in subsection (a), the person in charge of standardization will not take proceedings against him according to sections 14a to 16 for that violation, and if the indictment was filed under the circumstances stated in subsection (b) after the violator has paid a financial sanction, it will be returned He has the amount paid plus linkage differences and interest from the day the amount is paid until the day it is returned.

Punitive

14 (A) 

An importer who provided false or incorrect information in a statement provided pursuant to Sections 2C(B) or 2F or in documents and details provided pursuant to Sections 2C(B), (C) or (D) or 2F, shall be sentenced to 18 months imprisonment or double the fine as stated in Section 61(A) (4) to the Penal Law, and if the offense was committed by a corporation – double the said fine.

(A1) 

An importer who has done one of these, shall be punished – one year imprisonment or double the fine as stated in section 61(a)(4) of the Penal Law, and if the offense was committed by a corporation – double the said fine:

(1) 

An importer of goods whose import requires a certificate of compliance with the commissioner’s requirements without being registered in the register of importers, contrary to the provisions of section 2d;

(2) 

violated a condition of the conditions for obtaining a conditional release permit established according to section 2e(b);

(3) 

Delivered certain goods in a certain shipment for testing by more than one testing laboratory, contrary to the provisions of Section 21(a)(4).

(b) 

An importer who did one of these, will be punished – a fine as stated in section 61(a)(4) of the Penal Law, and if the offense was committed by a corporation – double the said fine:

(1) 

not reporting to the Commissioner of Standardization a change in the details or documents he provided, contrary to the provisions of Section 2C(d);

(2) 

did not keep details or documents, contrary to the provisions of Article 21(a)(1) or (2);

(3) 

He did not report to the supervisor of standardization information contained in the communication system and the information that reached him, or discovered such information after such information or made use of such information without the prior written approval of the supervisor, all in violation of the provisions of section 23(c).

(third) 

A testing laboratory that did one of these, is liable to double the fine as stated in Section 61(a)(4) of the Penal Law:

(1) 

gave a conditional release certificate not in accordance with the instructions of the commissioner of standardization according to section 2e(b);

(2) 

did not report non-fulfillment of obligations by an importer or did not act in accordance with the instructions of the commissioner of standardization, contrary to the instructions according to section 2e(b)(2);

(3) 

performed an inspection for the purpose of granting a delivery permit without performing the inspection for the purpose of model approval and the conditions for performing the inspection using another laboratory according to Section 2G(c)(2), contrary to the provisions of Section 2G( c);

(4) 

did not act in accordance with the instructions and guidelines established by the commissioner of standardization according to sections 2e, 2g, 2h, 29, 23 or 2yd;

(5) 

Did not report to the supervisor of the standardization of information contained in the communication system and the information that reached it, or discovered such information after such information or made use of such information without the prior written approval of the supervisor, all in violation of the provisions of section 21(c).

Responsibility of a corporate officer

14 (A) 

An official in the corporation must monitor and do everything possible to prevent offenses according to section 14 by the corporation or by one of its employees; Whoever violates his said duty, his penalty is the fine mentioned in section 61(a)(3) of the Penal Law; For the purposes of this section, officer “- an active manager in the corporation, a partner, except for a limited partner or another person holding a position in the corporation who is responsible on behalf of the corporation for the area in which the offense was committed.

(b) 

If an offense has been committed according to section 14 by a corporation or by an employee of its employees, it is presumed that an officer of the corporation violated his duty according to subsection (a), unless he proved that he did everything possible to fulfill his duty.

Delegation of powers

15. 

The minister may delegate any of his powers according to this order; Notice of such delegation of powers will be published in the records.

Publication of instructions and instructions of the supervisor

16. 

The person in charge of standardization will publish on the website of the Ministry of Economy and Industry, instructions and instructions that he ordered according to this order, with the exception of instructions and instructions that he gave individually, including instructions according to sections 2H and 2T ; Such publication will be done in a way that will allow monitoring of changes and their documentation over time.

Changing the addendum

17. 

The Minister of Economy and Industry may, by decree, change the supplement.

Extension  (section 21b(a)(1))

Registered importer – must keep details and documents

1. A product portfolio for goods to which an official standard applies, including all of these:

(1) Product Name;

(2) the name of the sub-product;

(3) model name;

(4) Country of production;

(5) manufacturer details or supplier details;

(6) Confirmation of the conformity of the model to the official standard applied to it together with a detailed test report, in accordance with the instructions of the commissioner of standardization.

(7) Documenting the distribution channels;

(8) Photograph of the product and label.

2. For each shipment, these documents:

(1) sales account;

(2) Import declaration as defined in section 24 of the Customs Ordinance;

(3) Deed of delivery as defined in Article 18 of the Customs Ordinance;

(4) A copy of the importer’s declaration as stated in section 2f, if there is one;

(5) Model approval and delivery approval, in accordance with the instructions of the commissioner of standardization;

(6) (deleted)

(7) batch numbers and serial numbers, if lists including this information were forwarded to the importer by the supplier;

(8) (deleted)