Lex Mundi Global Foreign Investment Restrictions Guide |
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Israel |
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(Middle East)
Firm
S. Horowitz & Co.
Contributors
Keith Shaw |
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| Please provide a short summary of the Foreign Investment Restrictions adopted by your jurisdiction. | As a general matter, Israel has no universal foreign investment restrictions (though see the next paragraph), although there are some restrictions with regard to certain sectors or specific companies. The only Israeli statute that constitutes a general restriction on foreign investment (as opposed to the company- or sector-specific legislation) is the Trading with the Enemy Ordinance, of 1939. Pursuant thereto, it is forbidden for an Israeli natural or legal person to have any commercial, financial or other dealings with any country or ruler in a state of war with Israel (which currently includes Syria, Lebanon and Iran) (an “enemy state”), a person residing in an enemy state, a legal entity that conducts business under the supervision of an enemy state, a company incorporated under the laws of an enemy state and a person (natural or legal) conducting business in an enemy state. The Israeli Government is also entitled to indicate by the order that a company is considered a "defense entity" in which the government has a defense interest and to indicate which restrictions apply with respect to the control thereof, though no such order has yet been issued. In addition, the Israeli government is entitled to indicate by an order that a company is considered to be of key national importance and to indicate which restrictions apply with respect to the control thereof. At present, orders have been issued in respect of six companies. The orders relating to three of these companies provide that they must be and remain in the control of an Israeli person or entity, and the orders relating to all six companies place substantial limitations on the holding of an interest therein by a hostile state (a state with no diplomatic relations with the State of Israel) or a citizen or resident thereof or a company controlled by any of them. Further, there are certain companies in which the Israeli Government holds (directly or indirectly) a "special State (or "golden") share" and the purchase or holding of shares of which in excess of a certain percentage is subject to the approval of the holder of the "special State share", i.e. the Israeli Government. In addition, the acquisition of a certain percentage of holdings (generally 5%) of any means of control in companies in various specific sectors, such as banking, telecommunications and insurance requires a governmental permit to be obtained in advance, though this is an across the board requirement and is not specific to foreign investment. |
| Is your regime focused on economic protectionism, national security, or a combination? | National security |
| Who is considered a "foreign investor" and are only investments from particular countries covered? | Any non-Israeli entity is considered a “foreign investor”, though, as noted above, this may not generally be of particular significance. As to restrictions on investors from particular states or sectors, see our response to the summary above. |
| What sectors are subject to Foreign Investment Restrictions screening? | Not applicable insofar as this would relate only to Foreign Investment Restrictions, but see our response to the summary above as to general restrictions in respect of specific sectors. |
| What are the relevant thresholds? | Not applicable |
| Is notification under Foreign Investment Restriction rules mandatory? | Not applicable |
| Is the relevant authority's approval required prior to closing? | Where this is required and capable of being obtained (ie there is no outright prohibition – see our response to the summary above), yes (from the appropriate government ministry). |
| What was the impact of COVID-19 on your foreign investment regime? | No impact of note. |
| How active has your agency been in reviewing, delaying, modifying or blocking foreign investments? | There is no agency as such, just various government ministries should a particular entity or sector be involved. |
| On what grounds can enforcers review and block a foreign investment? How active have they been in the past 6 months? | See responses above. We are not aware of any activity in this regard in the past 6 months. |
| Do you expect any regulatory developments over the next 6 months? | We live in an unpredictable neighborhood, but subject to that, no regulatory developments in this regard are expected over the next 6 months. |
Lex Mundi Global Foreign Investment Restrictions Guide
As a general matter, Israel has no universal foreign investment restrictions (though see the next paragraph), although there are some restrictions with regard to certain sectors or specific companies.
The only Israeli statute that constitutes a general restriction on foreign investment (as opposed to the company- or sector-specific legislation) is the Trading with the Enemy Ordinance, of 1939. Pursuant thereto, it is forbidden for an Israeli natural or legal person to have any commercial, financial or other dealings with any country or ruler in a state of war with Israel (which currently includes Syria, Lebanon and Iran) (an “enemy state”), a person residing in an enemy state, a legal entity that conducts business under the supervision of an enemy state, a company incorporated under the laws of an enemy state and a person (natural or legal) conducting business in an enemy state.
The Israeli Government is also entitled to indicate by the order that a company is considered a "defense entity" in which the government has a defense interest and to indicate which restrictions apply with respect to the control thereof, though no such order has yet been issued.
In addition, the Israeli government is entitled to indicate by an order that a company is considered to be of key national importance and to indicate which restrictions apply with respect to the control thereof.
At present, orders have been issued in respect of six companies. The orders relating to three of these companies provide that they must be and remain in the control of an Israeli person or entity, and the orders relating to all six companies place substantial limitations on the holding of an interest therein by a hostile state (a state with no diplomatic relations with the State of Israel) or a citizen or resident thereof or a company controlled by any of them.
Further, there are certain companies in which the Israeli Government holds (directly or indirectly) a "special State (or "golden") share" and the purchase or holding of shares of which in excess of a certain percentage is subject to the approval of the holder of the "special State share", i.e. the Israeli Government.
In addition, the acquisition of a certain percentage of holdings (generally 5%) of any means of control in companies in various specific sectors, such as banking, telecommunications and insurance requires a governmental permit to be obtained in advance, though this is an across the board requirement and is not specific to foreign investment.
National security
Any non-Israeli entity is considered a “foreign investor”, though, as noted above, this may not generally be of particular significance. As to restrictions on investors from particular states or sectors, see our response to the summary above.
Not applicable insofar as this would relate only to Foreign Investment Restrictions, but see our response to the summary above as to general restrictions in respect of specific sectors.
Not applicable
Not applicable
Where this is required and capable of being obtained (ie there is no outright prohibition – see our response to the summary above), yes (from the appropriate government ministry).
No impact of note.
There is no agency as such, just various government ministries should a particular entity or sector be involved.
See responses above. We are not aware of any activity in this regard in the past 6 months.
We live in an unpredictable neighborhood, but subject to that, no regulatory developments in this regard are expected over the next 6 months.