ISRAEL Law and Practice Contributed by: Joseph Sprinzak and Rahel Rimon, J.SPRINZAK
was agreed between the parties, the breach will not give cause for enforcement of the contract or a right to compensation. The outcome is ter - mination of the contract. The breaching party is not required to pay compensation; however, by virtue of Section 18(b) of the law, they must return the moneys or goods received from the innocent party. 8.2 Enforcement of the IMO 2020 Rule Relating to Limitation on the Sulphur Content of Fuel Oil The State of Israel adopted new national regula - tions for the prevention of air pollution from ships which took effect on 23 February 2023. These regulations reflect the Regulations to Annex VI of MARPOL. The new regulations adopt low Sulphur limits at berth, similar to the requirements in EU member states, based on the EU directive. The regula - tions require ships to change to 0.1% low Sul - phur fuel, as soon as possible but not more than one hour after arrival/before departure to/from port (pier or anchorage), and maintain proper records in the Sulphur record book. Ships equipped with an Exhaust Gas Cleaning System EGCS (scrubber) in accordance with IMO guidelines, that has been approved by the Flag state, may use it within the port limits. These ships will not be required to use compliant fuel as stipulated in the Regulations. Wash water from EGCS may not be discharged overboard within port limits. Israel has also stipulated in the Regulations provisions in order to limit VOC emissions in its ports. The regulations define what is considered as a “volatile organic compound” and to which ships the regulations shall apply.
A 2016 task force funded by the Ministry of Envi - ronmental Protection recommended a number of measures to reduce pollution in the marine sector at both the Haifa and Ashdod ports. 8.3 Trade Sanctions In Israel, issues of trading with the enemy are governed by the Trading With The Enemy Ordi - nance, which was enacted during the British Mandate in 1939. Section 3(1) of the Ordinance prohibits all trade with an enemy, and also establishes criminal sanctions for contravention of the prohibition. The term “enemy” is defined in Section 4(1) to include “any individual resident in enemy terri - tory” and “any state... at war with the State of Israel”. Section 3(3) of the Ordinance states the prohibition on trading with the enemy, which applies also to a “person acting on behalf of an enemy”. The prohibition on trade with the enemy also applies to payment or transmission of mon - ey “to an enemy or for the benefit of an enemy or to a place in enemy country” (Section 3(2)(a) (2) of the Ordinance). Section 4(d) of the Preven - tion of Terror Ordinance, 5708 – 1948, prohibits the transmission of money “for the benefit of a terrorist organisation”. The Ordinance also prohibits transferring money or commercial documents and securities (Sec - tions 6 and 7 of the Ordinance), clearly with the purpose of preventing any financial assistance that might aid the enemy in its war against Israel. The Finance Minister is responsible for determin - ing the enemies of the State of Israel, and cur - rently this list consists of citizens and residents of Syria, Lebanon, and Iran. Israel is also a member of the Organisation for Economic Co-operation and Development
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