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Israel’s BDS ‘Blacklist’: What the Law Says

Editor’s note: As a service to our readers we have posted the text of the Regulations for Implementation of the Amendment to the Law of Entry as Legislated by the Knesset. This is the text…

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Editor’s note: As a service to our readers we have posted the text of the Regulations for Implementation of the Amendment to the Law of Entry as Legislated by the Knesset.

This is the text provided directly by the Israeli Ministry of Strategic Affairs for your reference: it is not original HonestReporting content, nor does it reflect any HR position on  related issues. Boldface text and other emphasis is from the original source document.

Regulations for Implementation of the Amendment to the Law of Entry as Legislated by the Knesset

On March 6, 2017 the Knesset passed an amendment to Law of Entry to Israel.

The amendment stated that a person, who is not a citizen or resident of Israel, who publicly called for a boycott of Israel or works for an organization that does so, will not be allowed entry into the country.

The ministers responsible for implementing this legislation have recently formulated the actual regulation with precise criteria of who may be considered to have their entry barred. The Ministry of Strategic Affairs makes its recommendations to the Minister of Interior, who has the authority to bar an individual entry.

THE STEP WE HAVE TAKEN TO NAME MAIN BDS ORGANIZATIONS, WE ARE REQUIRED TO TAKE BY LAW.

The organizations named have undertaken

ONGOING, CONSISTENT AND SIGNIFICANT ACTION to promote and advance a boycott of Israel.

For an individual to be considered to have his or her entry barred, he or she must have undertaken ONGOING, CONSISTENT AND SIGNIFICANT ACTION to promote and advance a boycott of Israel.

The regulation EXPLICITLY EXCLUDES political criticism of Israel as a criterion for consideration. It also EXPLICITLY EXCLUDES forming a judgement on organization based on the fact that is perceived as harshly critical of, or anti-Israel.

Background:

Right of entry of a foreign national is not automatic

An individual does not have an automatic right of entry to a country where he or she is not a citizen. Such a right is accorded at the discretion of the country; like any other sovereign country, the State of Israel has the legal prerogative to decide to whom it may grant entry, and to whom it may decline entry.

Consistent with being a democracy and favoring the freedom of movement whenever possible, Israel’s denial of entry to a foreign national would take place for security considerations or if the individual is intent on doing harm to the country.

The people causing material harm to Israel

The advocacy of a boycott of Israel should be seen for what it is: an attempt to undermine the legitimacy of the State of Israel and cause it material harm — economic, reputational, cultural, academic etc.  Seen in this light, it is reasonable that a country not welcome foreigners who have the declared intent AND a proven record of undermining it and causing it material harm. 

Not political criticism

Israel has no intention to bar the entry of individuals who are critical of Israel.  The regulation EXPLICITLY states criticism of the Israeli government or its policies is NOT cause for barring an individual.

To whom does this apply/ NOT apply

Under new regulation only those individuals who have taken material action – WHICH IS SIGNIFICANT, ONGOING AND CONSISTENT to harm Israel through advocating boycotts may be considered to have their entry barred.

Thus, for example, someone who signed a boycott petition, or posted a call to boycott on social media or wrote an article in favor of a boycott would NOT meet the criteria of “significant ongoing and consistent action.”

The regulation is aimed “major players” and “senior leadership” in the BDS movement and not ordinary supporters or sympathizers.

The regulation does NOT make any distinction between individuals on the basis of their country of origin, ethnicity or religion.

Taglit-Birthright Israel participants

As a joint venture between the Government of Israel and world Jewry, all participants of Taglit-Birthright Israel trips will be allowed entry into Israel.

Can Jewish BDS activists make Aliyah?

Every Jew has the right to immigrate to Israel. These regulations have NO bearing on the right of a Jew to make Aliyah under the Law of Return.

Additional note:

The following organizations were recommended by the Ministry of Strategic Affairs to be denied entry into the State of Israel:
Europe
*   AFPS(The Association France Palestine Solidarité)
*   BDS France
*   BDS Italy
*   ECCP(The European Coordination of Committees and Associations for Palestine)
*   FOA (Friends of Al-Aqsa)
*   IPSC(Ireland Palestine Solidarity Campaign)
*   Norge Palestinakomitee (The Palestine Committee of Norway)
*   Palestinagrupperna i Sverige (PGS- Palestine Solidarity Association in Sweden)
*   PSC (Palestine Solidarity Campaign)
*   War on Want
*   BDS Kampagne
United States
*   AFSC (American Friends Service Committee)
*   AMP (American Muslims for Palestine)
*   Code Pink
*   JVP (Jewish Voice for Peace)
*   NSJP (National Students for Justice in Palestine)
*   USCPR (US Campaign for Palestinian Rights)
Latin America
·        BDS Chile
South Africa
*   BDS South Africa
Other
*       BNC

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