Adv. Gill Nadel, Adv. Hila Wohlgemuth

At the end of 2007, the Defense Export Control Law, 2007 [hereinafter: "the law"] came into effect. The law, the regulations and orders that were legislated under the law, replace the secondary legislation which existed until the law came into effect. The law regularizes in primary legislation the supervision of export from Israel of defense equipment, the transfer of defense know-how and the provision of defense services. The law's purpose is to regularize the supervision of defense export by reason of national security, foreign policy, international obligations, and for maintaining other vital interests of the state of Israel.

a.      Export of defense equipment

b.     Transfer of defense know-how

c.      Provision of defense services

A.    Export of Defense Equipment

Four lists of items of defense equipment are listed in the orders legislated under the law:

(1)  List of Combat Equipment - this list is based on the Munitions List of the Wassenaar Arrangement, which includes 24 categories, among them: explosive devices, tanks, military armed vehicles, artillery, fighter jets, attack helicopters, warships, missiles and missile launchers, small arms and light weapons.

(2)  List of Duel-Use Equipment - list of Dual-Use Goods and Technologies of the Wassenaar Arrangement, which includes 9 categories, among them: special materials and related equipment, material processing, electronics, computers, telecommunications, information security, sensors and lasers, navigation and avionics.

(3)  List of Missiles Equipment - the technical annex of the Missile Technology Control Regime (MTCR) - a voluntary association of countries which share the goals of non-proliferation of unmanned delivery systems capable of delivering weapons of mass destruction. Since September 1991, the state of Israel has taken upon itself to act according to the standards set by the association.

(4)  List of Equipment to the Palestinian Authority - list of dual-use items which their transfer to the Palestinian Authority is supervised by the Coordinator of Government Activities in the Territories (COGAT).

B.    Transfer of Defense Know-How

Defense know-how is defined under the law as each of the following;

(1)  Information required for the development or manufacturing of defense equipment or its use; information relating to the planning, assembling, examining, improving, transforming, guiding, possessing, operating or repairing of defense equipment or its care in any other manner, as well as technology included in the orders.

(2)  Knowledge relating to armed forces, including knowledge regarding their organization, assembly, operation, combat doctrine or methods of commanding and training or their methods of action, as well as knowledge regarding defense policy, counter-terrorism and security methods.

C.    Provision of Defense Services