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Thursday, July 14, 2011

The Law for Preventing the Harming the State of Israel By Means of Boycott – 2011

The Israeli left and MSM are having a fit, shrieking away at this law . Unfortunately, the media does not provide enough objective information about the law for one to form an informed opinion about it. Feeling the frustration of many, I have translated the law into English. Now you can decide if the law is good or bad:

The Law for Preventing the Harming the State of Israel By Means of Boycott – 2011

1. Definition

In this law, "a boycott on the State of Israel" - intentional abstention from having an economic, cultural, or academic relationship with a person or other responsible body, only because of its connection to the State of Israel, one of its institutions or an area that is under its control, that has the ability to harm it economically, culturally or academically.

2. Boycott – Civil Injustice

a.) one who knowingly advertises a public call to place a boycott on the State of Israel, and according to the contents of the call and the circumstances under which it was advertised there is a reasonable possibility that the call will bring about the placing of a boycott, and the advertiser is aware of the mentioned possibility, has committed a civil injustice and the laws of damages will apply to him.

b.) With regards to paragraph 62a of the laws of damages [new version] one who caused the breaking of an obligatory contract by means of calling for the placing of a boycott on the State of Israel will not be seen as one who acted with adequate justification.

c.) If the court finds that an injustice was committed intentionally according to this law, it may obligate the perpetrator of the injustice with the payment of compensation that is not dependent on the amount of damage (in this paragraph, exemplary damages); in its coming to determine the amount of exemplary damages, the court will take into consideration, among other things, the circumstances of the committing of the injustice, its graveness and scope.

3.) Instructions Concerning to Limiting Tenders

The Minister of Finance, with the agreement of the Minister of Justice and with the approval of the Constitution, Law, and Justice Committee, is allowed to set instructions with respects to limiting the participation in a tender of one who has knowingly advertised a public call for the placement of a boycott on the State of Israel or of one who obligated himself to take part of the mentioned boycott, including an obligation not to purchase goods or services that are produced or provided in the State of Israel, in one of its institutions, or in any area under its control; in this paragraph "tender" – a tender that must be conducted according to the law of the obligation of tenders, 1992.

4) Instructions Concerning Preventing Benefits


a) The Minister of Finance, with the counsel of the Minister of Justice, is permitted with respect to one who knowingly advertised a public call to place a boycott on the State of Israel, or with respect to one who obligated himself to take part of the mentioned boycott, that

1) It will not be seen as a public institution with regards to paragraph 46 of the income tax law.

2) It will not be eligible to receive funding from the Council of the Arrangement of Sport Gambling according to paragraph 9 of the Law to Arrange Gambling in Sports, 1967. The activation of the authority according to this subsection requires the agreement of the Minister of Culture and Sport.

3) It will not be considered a public institution according to paragraph 3a of the Law of the Foundations of the Budget, 1985 with respect to receiving support according to a paragraph of the budget; the activation of the authority according to this subsection requires the agreement of the Minister that the government has determined to be responsible for that paragraph of the budget, as is specified in subsection (2) of the definition of "responsible for paragraph of the budget" that is in the mentioned law.

4) He will not be eligible for guarantees according to the Law of Guarantees from the State, 1958.

5) He will not be eligible for benefits according to the Law of Encouraging Capital Investments, 1959 or the Law to Encourage Research and Development in Industry, 1984; the activation of the authority according to this subsection requires the agreement of the Minister of Industry, Trade and Employment.

b. in the activation of his authority according to subsection (a), the Finance Minister will work in accordance to the guidelines established for this matter with the agreement of the Justice Minister and the approval of the Knesset's Constitution, Law, and Justice Committee. However, if the mentioned guidelines were not established, that does not harm the authority according to subsection (a)

5. Implementation

The Minister of Justice is responsible for the implementation of this law.

6. Inception

The inception of paragraph 4 is 90 days from the day of this law's publication.
I think that the law is excellent and long overdue. How about you?

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