Adv. Gill Nadel, Adv. Dave Zeitoun, Adv. Omer Wagner
In recent years, the Standards Institution of Israel implemented several changes in its activity with regard to oversight of imported goods. These changes were implemented in order to ease the bureaucratic process for importers and reduce the cost of living, among others.
For example, it was recently published that as of 1.7.18 the State of Israel will adapt international standards without any unique adjustments for Israel, with the exception of safety, public health and environmental protection. The intent behind this move is an attempt to unify Israeli and foreign standardization, as importers have frequently struggled in the past with the problem of their goods meeting foreign standards but failing to meet Israeli standards.
Another move aimed at easing the process came from the lab tests field. In the past, importers were required to send their goods for testing by the Standards Institution of Israel in order to confirm the imported goods meet the relevant Israeli standard. Nowadays, following a recent change, the Standards Institution of Israel may recognize test results from other Israeli labs or certified labs abroad, thus avoiding the need for further testing in Israel, as well as the related delays and disputes that may arise.
An additional change was implemented with regard to the registration of importers. Under the amendment to section 2c of the Import and Export Ordinance [New Version], 1979, as of 1.4.18 the Commissioner of Standardization will manage an Importers Registry, which will include importers who wish to import goods with an official standard.
The Commissioner of Standardization recently announced the opening of the Importers Registry, and published a call for all importers who import goods with an official standard to register.
Why is the registry necessary?
As of 1.4.18, an importer which wishes to import goods with an official standard, may submit a request to do so only if he is registered in the registry. A non-registered importer will not be able to file such a request until he completes the registration process. In other words, an importer which is not registered may not import goods with an official standard.
What is the procedure for registering?
In order to register, the importer must submit his details, including name, contact details, corporate details and controlling shareholder details, as well as a declaration that he was not convicted or indicted in certain offenses listed in the Penal Law, such as perjury, bribery, theft, fraud, forgery or extortion.
If the importer was previously convicted or indicted in one of these offenses, he must submit a request to the Commissioner of Standardization and request his registration be approved despite his past.
Following the registration process, a registered importer may submit a request for review of delivery in the computerized system without need for prior approval.
Can an importer be removed from the registry?
Naturally, the Commissioner of Standardization's power to remove or suspend an importer from the registry was preserved. In such a case, the commissioner must inform the importer of the removal or suspension. Such sanctions are possible when the importer registered with false information or violated import laws, as well as in cases in which the commissioner is convinced that there is probable cause to fear harm to the health, safety or well-being of the public or the environment.
How does the registry treat "Unreliable Importers"?
Importers with an "Unreliable Importer" status, which have not cleared the matter before registering in the Importers Registry, will be registered as an "Unreliable Importer" in the registry as well. Even so, it is recommended by the Commissioner of Standardization that such importers check and see if they meet the criteria for removal of the status (such as a clean history of shipments for a certain period of time, or change of ownership in certain circumstances), and if they do - it is recommended that they remove the status prior to registering.
How may goods with an official standard be imported following registration?
Under section 2e of the Import and Export Ordinance, which came into effect on 1.4.18, following registration in the Importers Registry, an importer who wishes to import goods with an official standard must submit a request, attaching a lab test certificate or declaration, in accordance with the law.
The above review is a summary. The information presented is for informative purposes only, and does not constitute legal advice.
For more information, please contact Adv. Gill Nadel, Chair of the Import, Export and Trade Law Practice
Email: Gill.Nadel@goldfarb.com Phone: 03-6089979.
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