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Issue No. 10 - December 2019 
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Adv. Gill Nadel
 

Welcome to the ten issue of Customs & Trade in Israel
which brings you the latest legal and business updates in the field of Customs & Trade in Israel.
We hope you find this newsletter informative and useful.

Customs & Trade in Israel, published by the Customs and International Trade Law Practice at Goldfarb Seligman & Co., provides legal, regulatory and legislative updates related to customs and international trade in Israel.
Valuation
 1. The Court Accepted the Importer's Position Regarding the Admissibility of Discounts for the Purpose of Import Duties
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Overview: In this article, we will review the Ramla Magistrate Court's ruling in a dispute between an importer and the Customs Authority regarding the value of mobile phones for the purpose of purchase tax. The court ruled that the value for the purpose of the phones' purchase tax is the actual price paid by the importer to a supplier abroad.
 
Import Control
 2. The Magistrate Court: Tax Authority Shall Not Return Seized Gold to Claimed Owner
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Overview: In this article, we will review the Jerusalem Magistrate Court's ruling in a claim to recover gold forfeited by the Tax Authority. The court ruled that the lawsuit should be dismissed, as the plaintiff's claim of ownership of the gold did not meet the burden of proof required for the return of the seized gold.
 
 3. "Fast Peanuts" - The Haifa District Court Accepted a Peanut Importer's Claim Against The Ministry of Agriculture
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Overview: In this article, we will review the Haifa District Court's decision on an importer's petition against the Ministry of Agriculture, after the ministry refused to release the importer's peanut shipment from the port. The court ruled that the delayed peanut shipment would be released within a reasonable time, subject to the peanut being submitted for laboratory testing or disinfection. The court also ruled that the state would bear the legal costs of the importer
 
Classification
4. Imported Goods Classification Dispute
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Overview: In this article, we will review the Haifa Magistrate's Court ruling on a lawsuit filed by a car systems importer against the Customs Authority following a dispute that arose regarding the classification of toolboxes used in motor vehicles.
 
Court Litigation and Other Topics
5. The Court Canceled an Import Tax Deficit on a Personal Import of a Vehicle
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Overview: In this article, we will review the Ramla Magistrate Court's ruling, which discusses a lawsuit filed by an individual who privately imported a car against the Customs Authority, following a deficit notice issued to him for alleged discrepancies found in the car's reported value.
Export Control and Trade Sanctions
6. A New Nuclear Era and its Impact Upon Israeli Companies Active in the Global Arena
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Overview: In this article, we will review the provisions of the Law on Prevention and Financing of Mass Destruction Weapons, 2018, which aims to increase Israel's ability to participate in the international struggle against the distribution and financing of WMD. Among others, the article reviews the impact of the law upon global Israeli companies with international commercial activity.
7. Trading With The Enemy
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Overview: In this article, we will review the cases in which a commercial operation may constitute trade with the enemy under the Trading With The Enemy Ordinance. In addition, we will review the circumstances in which permission may be granted by the Authorized Body in the Ministry of Finance for trade with an enemy.

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The content in this communication is provided for informational purposes only and is not intended to be comprehensive. It does not serve to replace professional legal advice required on a case by case basis. The firm does not undertake to update the information in this communication or its recipients about any normative, legal or other changes that may impact the subject matter of this communication. If you are interested in obtaining further information or wish to follow the legal developments in this matter, please contact Adv. Gill Nadel - Chair of the firm's Import, Export and International Trade Law Practice, and a Deputy Department Head of the Tax Department. Email: Gill.Nadel@goldfarb.com, phone: +972-3-6089979.