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Issue No. 3 - February 2016 
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Welcome to the third 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.
Customs - Classification
 1. A Dispute Regarding Classification of a Heart Rate Monitor Watch is Decided in Favor of the Importer
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Overview: In the following article, we will review the Magistrate Court in Herzliya's ruling in the case of a dispute on the proper classification of heart rate monitor watches for customs purposes.
The Customs Authority claimed the device is a fitness heart rate monitor, while the importer claimed it is used by heart patients as well. The differing sides disputed as to the functions of the device and the measurements it performs.
After reviewing the evidence, the court accepted the importer's claim and ruled the device to be exempt from customs duty.
 
 2. A Dispute Regarding Classification of Smoke Detectors is Decided in Favor of the Importer
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Overview: In the following article, we will review the Magistrate Court in Rishon LeZion's ruling in the case of a dispute on the proper classification of smoke detectors for customs purposes.
The court ruled in favor of the importer's classification, exempting the smoke detectors from customs duty.
The importer's monetary claim was only partially recognized, due to failure to substantiate the claim of not passing on the duty.
 
Customs - Origin
3. The Magistrate Court: Proof of Certificate of Origin Validity - an Obligation of the Importer, Not the Customs Authority
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Overview: In the following article, we will review the Magistrate Court in Acre's ruling in the case of a deficit sent to an importer after he presented a certificate of origin and was exempt from customs duty due to the free trade agreement between the State of Israel and the U.S.A.
The court ruled that when a certificate of origin is lacking and raises doubts, the importer is the entity obligated to complete the missing details and prove the products are entitled for an origin status. Therefore, the importer's claim was rejected.
Export Control
4. Defense Export Control - Dual-Use Export Control: The Wassenaar Arrangement 
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Overview: control of dual-use goods is regulated by an international arrangement adopted by the State of Israel. The Wassenaar Arrangement establishes a detailed list of goods categorized as "dual-use" goods. The control of these goods is intended to prevent the covert armament of various entities by purchasing goods supposedly used for civilian purposes. In this article we shall discuss the implementation of the Wassenaar Arrangement in Israeli legislation.
5. Defense Export Control - Dual-Use Equipment 
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Overview: The Defense Export Control Law differentiates between defense equipment and dual-use equipment. This distinction allows for a more fluid export of civilian goods with "militaristic potential", while still retaining a measure of control on their export. In this article, we shall discuss the export control of dual-use equipment destined for a defense related end-use.
6. Foundations of Defense Export Control - Obtaining an Export License -
Part 2  
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Overview: In this article, we shall discuss additional aspects related to the application for an export license of defense equipment, such as the cost of discrepancies between the application and the attached documents; conditional limited licenses; denial of an export license application - process and reasoning; what a "Foreign Policy Approval" is; and more. 

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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, Tax Department. Email: Gill.Nadel@goldfarb.com, phone: +972-3-6089979.