Maritime Regulations (Seafarers), 2002
Maritime Regulations (Seafarers) (Staffing of Vessels and Tugboats with Israeli Seafarers), 2016
Shipping and Ports Authority Law, 2004
Shipping Law (Foreign Sea Vessel under Israeli Control), 2005
Description: Cross-Border Trade in Services and Investment
1. In order to register in the Israeli vessel registry and carry an Israeli flag, a majority ownership of a vessel by a national of Israel or an enterprise incorporated in Israel or by Israel is required (“Israeli Vessel.")
2. A foreign vessel that is controlled by a national or resident of Israel or by an enterprise incorporated in Israel shall be registered in Israel in accordance with Shipping Law (Foreign Sea Vessel under Israeli Control), 2005 (“Foreign Vessel”).
3. Israeli seafarers are required in order to operate an Israeli vessel or a foreign vessel referred to in paragraph 2.
4. Seafarer certificate requires nationality of Israel.
Providing a certificate to non-residents is subject to prior approval by the Administrator of Shipping and Ports.
16 Sector: Transportation
Sub-Sector: Aircraft repair and maintenance services as defined in the GATS Annex on Air Transport Services
Obligations Concerned:
Market Access (Article 8.5)
Measures: Air Navigation Regulations (Approved Maintenance Organizations), 2013 (Article 25)
Description: Investment
The number of service suppliers of base maintenance and repair in each airport can be limited, due to available space constraints.
17 Sector: Transportation
Sub-Sector: Motor vehicle
Obligations Concerned:
National Treatment (Articles 8.3 and 9.4)
Performance Requirements (Article 9.6)
Local Presence (Article 8.6)
Senior Management and Board of Directors (Article 9.7)
Measures: Supervision Order on Commodities and Services (Imports of Motor Vehicle and Services to Motor Vehicle), 1978, Article 3
Law of Licensing of Services and Professions in the Motor Vehicle Sector, 2016, Articles 2, 20, 41, 42, 44, 68, 97, 98, 136, 143 and 149
Companies Law, 1999, Article 1
Description: Cross-Border Trade in Services and Investment
1. License is required in order to commercially import motor vehicles. The director general and at least one interested party as defined in Article 1 of the Companies Law, 1999, of a corporation applying for licensure, shall be nationals or residents of Israel.
2. License is required in order to manufacture and market motor vehicles or to trade in motor vehicles and the license holder must be:
(a) a national or resident of Israel who is a sole proprietor; or
(b) a registered corporation in Israel whose director general and at least one interested party as defined in Article 1 of the Companies Law, 1999, are nationals or permanent residents of Israel.
3. License is required in order to brokerage in motor vehicle private import and the license holder must be:
(a) a national or resident of Israel who is a sole proprietor; or
(b) an employee of a registered corporation in Israel whose director general and at least one interested party as defined in Article 1 of the Companies Law, 1999, are nationals or residents of Israel.
4. License is required in order to manufacture traffic products, as defined in Article 2 of the Law of Licensing of Services and Professions in the Motor Vehicle Sector, 2016, and the license holder must be:
(a) a sole proprietor; or
(b) a registered corporation in Israel the director general and at least one interested party as defined in Article 1 of the Companies Law, 1999, of which are nationals or residents of Israel.
5. Israel may determine that certain traffic products, as defined in Article 97 of the Law of Licensing of Services and Professions in the Motor Vehicle Sector, 2016, are made for marketing in the Israeli market alone.
6. Nationality or permanent residency of Israel is required for licensure as a motor vehicle appraiser.
7. Nationality or residency of Israel is required for licensure as a professional manager of a motor vehicle service center (garage) and at least one licensed professional manager is required to be available on the premises in order to operate a motor vehicle garage.
Note 1: “Traffic Product” as defined in Article 2 of the Law of Licensing of Services and Professions in the Motor Vehicle Sector, 2016, is an accessory, a part, system of parts, an appliance with the exception of an appliance that is a work tool used by garages or manufacturers only, a device or substance that is a liquid, solid or gas, that is used or designed to be used for assembly, maintenance or the proper operation of a motor vehicle or for ensuring thesafety of a motor vehicle or for ensuring user safety or for his convenience.
Note 2: For the purposes of this Schedule, it is understood that director general is an equivalent position to chief executive officer.
Note 3: For the purposes of this Schedule, “interested party”, as defined in Article 1 of the Companies Law, 1999, is:
(a) a substantial shareholder;
(b) a person with the power to appoint one or more members of the board of directors or the director general; or
(c) a person who serves in the enterprise as a member of the board of directors or as a director general.
18 Sector: Transportation
Sub-Sector: Driving Licenses and Road Transport Services, including Passenger Transportation Services, Motor Vehicle
Mechanics Safety Officer
Obligations Concerned:
National Treatment (Articles 8.3 and 9.4)
Local Presence (Article 8.6)
Measures: Road Transport Regulations, 1961 (Articles 175-190, 213-213H, 216, 221, 221A, 247, 251, 531, 567, 567B and 582)
Road Transport Ordinance (Article 14)
Supervision Order on Commodities and Services (Purchase, Installation and Maintenance of Taxi Meters), 1984
Companies Law, 1999 (Article 1)
Description: Cross-Border Trade in Services and Investment
1. Israeli residency or nationality is required to obtain certain types of driving licenses, in accordance with Articles 175-185, 189 and 190 of Road Transport Regulations, 1961.
2. Israeli residency or nationality is required for obtaining a taxi operator license.
3. Israeli residency or nationality is required for an individual working in installation or maintenance oftaxi meters and an enterprise operating in installation or maintenance of taxi meters must have at least oneinterested party, as defined in Article 1 of the Companies Law, 1999, who is a national or permanent resident of Israel.
4. Israeli residency or nationality is required for authorization to work as a motor vehicle mechanics safety officer.
19 Sector: Road Transportation
Sub-Sector: Transportation of freight
Transportation of furniture
Rental of commercial vehicles with operator
Industry Classification: CPC 71233, 71239, 71234, 7124
Obligations Concerned:
National Treatment (Articles 8.3 and 9.4)
Local Presence (Article 8.6)
Measures: Road Transport Regulations, 1961 (Article 189)
Freight Services Regulations, 2001 (Article 2 and 24)
Law of Transport Services, 1997
Description: Cross-Border Trade in Services and Investment
Israeli residency or nationality is required in order to obtain a license to transport freight over 10 tons or hazardous materials of any weight.
The professional manager and the operator of haulage shall be a national or resident of Israel.
20 Sector: Transportation
Sub-Sector: Customs Agents
Industry Classification: CPC 749**
Obligations Concerned:
National Treatment (Articles 8.3 and 9.4)
Local Presence (Article 8.6)
Measures: Customs Agent Law, 1964 (Articles 4 and 5).
Description: Cross-Border Trade in Services and Investment
Israeli residency or nationality is required to obtain a Customs agent’s license.
All customs firms, including foreign customs firms, must employ at least one Israeli licensed custom agent as an active manager, clerk or as a partner.
ANNEX II . RESERVATIONS FOR FUTURE MEASURES. SCHEDULE OF THE STATE OF ISRAEL
EXPLANATORY NOTE
1. Israel's schedule to this Annex sets out, pursuant to subparagraph 2 of Article 8.7 (Non-Conforming Measures) and 9.8 (Non-Conforming Measures), the specific sectors, sub-sectors or activities for which Israel may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
(a) Article 8.3 (National Treatment) or 9.4 (National Treatment);
(b) Article 8.4 (Most-Favored-Nation Treatment) or 9.5 (Most-Favored-Nation Treatment);
(c) Article 8.5 (Market Access):
(d) Article 8.6 (Local Presence);
(e) Article 9.6 (Performance Requirements); or
(f) Article 9.7 (Senior Management and Board of Directors)
2. Each Schedule entry sets out the following elements:
(a) “Sector” refers to the sector for which the entry is made;
(b) “Sub-Sector”, where referenced, refers to the specific sub-sector for which the entry is made;
(c) “Industry Classification”, where referenced, and only for transparency purposes, refers to the activity covered by the nonconforming measure, according to domestic or international industry classification codes;
(d) “Obligations Concerned” specifies the obligations referred to in paragraph 1 that, pursuant to paragraph 2 of Article 8.7 (Non-Conforming Measures) and paragraph 2 of Article 9.8 (Non-Conforming Measures) do not apply to the sectors, sub-sectors or activities listed in the entry;
(e) “Description” sets out the scope or nature of the sectors, sub-sectors or activities covered by the entry; and
(f) “Existing Measures”, where specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, sub-sectors or activities covered by the entry.
3. In the interpretation of an entry, all elements of the entry shall be considered.
The “Description” element shall prevail over all other elements.
4. For the purposes of this Annex the term “CPC” means Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991).
5. In case of any inconsistency between Scheduled Entry No. 50 and any other scheduled entry, the latter shall prevail.
6. In case Israel will use Entry No. 8 (d) mutual recognition in different fields, this same Entry shall become applicable for Viet Nam as well.
1 Sector: All
Obligations Concerned:
National Treatment (Articles 8.3 and 9.4)
Market Access (Article 8.5)
Local Presence (Article 8.6)
Performance Requirements (Article 9.6)
Senior Management and Board of Directors (Article 9.7)
Description: Cross-Border Trade in Services and Investment
Israel reserves the right to adopt or maintain any measure to promote policy objectives for the benefit of socially or economically disadvantaged groups, including, minorities, disabled persons, military veterans and first-degree family members of Israeli fallen soldiers and the development of its peripheral areas.
2 Sector: All
Sub-Sector: Privatization
Obligations Concerned:
National Treatment (Articles 8.3 and 9.4)
Market Access (Article 8.5)
Local Presence (Article 8.6)
Performance Requirements (Article 9.6)
Senior Management and Board of Directors (Article 9.7)
Description: Cross-Border Trade in Services and Investment
1. When transferring or disposing of its equity interests in, or the assets of, a state enterprise or a governmental entity, Israel reserves the right to:
(a) prohibit or impose limitations on the ownership of such interests or assets by investors or investments;
(b) impose limitations on the ability of investors or investments as owners of such interests or assets to control any resulting enterprise;
(c) adopt or maintain any measure relating to the nationality or permanent residency of members of the board of directors, position holders or certain officers of any resulting enterprise; or
(d) impose limitations on the location of management, main operations and center of business of any resulting enterprise.
Note: For the purposes of this Schedule entry, “position holder” is the director general, chief business officer, deputy director general, vice director general or any persons in equivalent positions, member of the board of directors or other officers who directly report to the director general, as defined in Article 1 of the Companies Law, 1999. Further it is understood that director general is an equivalent position to chief executive officer.
2. In the event where the supply of services, which is restricted to designated enterprises or governmentalentities, is liberalized to those other than the designated enterprises or governmental entities, or inthe event where such designated enterprises or governmental entities no longer operate on a noncommercial basis, Israel reserves the right to adopt or maintain any measure related to those activities.
Existing Measures: Government Companies Law (including Special State Share), 1975
Government Companies Order (Announcement on Essential State Interests in Ashot Ashkelon Industries Ltd.), 2005
Government Companies Order (Announcement on Essential State Interests in Oil Refineries Ltd.), 2007
Government Companies Order (Announcement on Essential State Interests in Oil Refinery – Ashdod Ltd.), 2006
Government Companies Order (Announcement on Essential State Interests in El-Al Israel Airlines Ltd.), 2004
Government Companies Order (Announcement on Essential State Interests in IMI Systems Ltd.), 2016
Special State Share in Israel Chemicals Ltd. and in its Subsidiary Companies
Special State Share in Zim Integrated Shipping Services Ltd.
Special State Share in El-Al Israel Airlines Ltd.
3 Sector: All