Israel
1. Openness To, and Restrictions Upon, Foreign Investment
Policies Towards Foreign Direct Investment
Israel is open to foreign investment and the government actively encourages and supports the inflow of foreign capital.
The Israeli Ministry of Economy and Industry’s ‘Invest in Israel’ office serves as the government’s investment promotion agency facilitating foreign investment. ‘Invest in Israel’ offers a wide range of services including guidance on Israeli laws, regulation, taxes, incentives, and costs, and facilitation of business connections with peer companies and industry leaders for new investors. ‘Invest in Israel’ also organizes familiarization tours for potential investors and employs a team of advisors for each region of the world.
Limits on Foreign Control and Right to Private Ownership and Establishment
The Israeli legal system protects the rights of both foreign and domestic entities to establish and own business enterprises, as well as the right to engage in remunerative activity. Private enterprises are free to establish, acquire, and dispose of interests in business enterprises. As part of ongoing privatization efforts, the Israeli government encourages foreign investment in privatizing government-owned entities.
Israel’s policies aim to equalize competition between private and public enterprises, although the existence of monopolies and oligopolies in several sectors, including communications infrastructure, food manufacturing and marketing, and some manufacturing segments, stifles competition. In the case of designated monopolies, defined as entities that supply more than 50 percent of the market, the government controls prices.
Israel established a centralized investment screening (approval) mechanism for certain inbound foreign investments in October 2019. Investments in regulated industries (e.g., banking and insurance) require approval by the relevant regulator. Investments in certain sectors may require a government license. Other regulations may apply, usually on a national treatment basis.
Other Investment Policy Reviews
The World Trade Organization (WTO) conducted its fifth and latest trade policy review of Israel in July 2018. In the past three years, the Israeli government has not conducted any investment policy reviews through the Organization for Economic Cooperation and Development (OECD) or the United Nations Conference on Trade and Development (UNCTAD). The OECD concluded an Economic Survey of Israel in 2020.
The 2020 OECD Economic Survey of Israel can be found at https://www.gov.il/BlobFolder/news/press_23092020_b/he/PressReleases_files_press_23092020_b_file.pdf
Business Facilitation
The Israeli government is fairly open and receptive to companies wishing to register businesses in Israel. Israel ranked 28th in the “Starting a Business” category of the World Bank’s 2020 Doing Business Report, rising seventeen places from its 2019 ranking. Israel continues to institute reforms to make it easier to do business in Israel, but some challenges remain.
The business registration process in Israel is relatively clear and straightforward. Four procedures are required to register a standard private limited company and take 12 days to complete, on average, according to the Israeli Ministry of Finance. The foreign investor must obtain company registration documents through a recognized attorney with the Israeli Ministry of Justice and obtain a tax identification number for company taxation and for value added taxes (VAT) from the Israeli Ministry of Finance. The cost to register a company averages around USD 1,000 depending on attorney and legal fees.
The Israeli Ministry of Economy and Industry’s “Invest in Israel” website provides useful information for companies interested in starting a business or investing in Israel. The website is http://www.investinisrael.gov.il/Pages/default.aspx .
2. Bilateral Investment Agreements and Taxation Treaties
The Israel Export and International Cooperation Institute is an Israeli government agency operating independently, under the Ministry of Economy, that helps facilitate trade and business opportunities between Israeli and foreign companies. More information on their activities is available at http://www.export.gov.il/eng/About/About/ .
In general, there are no restrictions on Israeli investors seeking to invest abroad. However, investing abroad may be restricted on national security grounds or in certain countries or sectors where the Israeli government deems such investment is not in the national interest.
Israel has bilateral investment treaties in force with Japan, Myanmar, Ukraine, Azerbaijan, Guatemala, China, Ethiopia, Serbia, Montenegro, Uruguay, Mongolia, Thailand, Belarus, Romania, Croatia, El Salvador, Armenia, Slovakia, South Korea, Cyprus, Slovenia, Czech Republic, Moldova, Turkey, Argentina, Kazakhstan, Albania, Georgia, Turkmenistan, Uzbekistan, Bulgaria, Lithuania, Estonia, Latvia, and Poland. Israel has signed bilateral investment treaties with the United Arab Emirates, South Africa, and Germany that are not yet in force.
Israel has free trade agreements with the European Union (EU), European Free Trade Association (a regional trade organization and free trade area consisting of Iceland, Liechtenstein, Norway, and Switzerland), Turkey, Mexico, Canada, Jordan, Egypt, Panama, Ukraine, Colombia, the United Kingdom, and Mercosur (an economic and political bloc comprising Argentina, Brazil, Paraguay, and Uruguay).
The United States and Israel signed a free trade agreement in 1985.
Israel has a bilateral tax treaty with United States. Israel signed its Income Tax Treaty with the United States in 1975.
5. Protection of Property Rights
Real Property
Israel has a modern legal system based on British common law that provides effective means for enforcing property and contractual rights. Courts are independent. Israeli civil procedures provide that judgments of foreign courts may be accepted and enforced by local courts. The Israeli judicial system recognizes and enforces secured interests in property. A reliable system of recording such secured interests exists. The Israeli Land Administration, which manages land in Israel on behalf of the government, registers property transactions. Registering or obtaining land rights is a cumbersome process and Israel currently ranks 75th in “Registering Property” according to the World Bank’s 2020 Doing Business Report.
Intellectual Property Rights
The Intellectual Property Law Division and the Israel Patent Office (ILPO), both within the Ministry of Justice, are the principal government authorities overseeing the legal protection and enforcement of intellectual property rights (IPR) in Israel. IPR protection in Israel has undergone many changes in recent decades as the Israeli economy has rapidly transformed into a knowledge-based economy.
In recent years, Israel revised its IPR legal framework several times to comply with newly signed international treaties. Israel took stronger, more comprehensive steps towards protecting IPR, and the government acknowledges that IPR theft costs rights holders millions of dollars per year, reducing tax revenues and slowing economic growth.
The United States removed Israel from the United States Trade Representative (USTR) Special 301 Report in 2014 after Israel passed patent legislation that satisfied the remaining commitments Israel made in a Memorandum of Understanding with the United States in 2010 concerning several longstanding issues regarding Israel’s IPR regime for pharmaceutical products. Israel has not been included in the Special 301 Report or the Notorious Markets List since.
Israel’s Knesset approved Amendment No. 5 to Israel’s Copyright Law of 2007 on January 1, 2019. The amendment aims to establish measures to combat copyright infringement on the internet while preserving the balance among copyright owners, internet users, and the free flow of information and free speech.
In July 2017, the Israeli Knesset passed the New Designs Bill, replacing Israel’s existing but obsolete ordinance governing industrial design. The bill, which came into force in August 2018, brings Israel into compliance with The Hague System for International Registration of Industrial designs.
Nevertheless, the United States remains concerned with the limitations of Israel’s copyright legislation, particularly related to digital copyright matters and with Israel’s interpretation of its commitment to protect data derived from pharmaceutical testing conducted in anticipation of the future marketing of biological products, also known as biologics.
While Israel has instituted several legislative improvements in recent years, the United States continues to urge Israel to strengthen and improve its IPR enforcement regime. Israel lacks specialized courts, common in other countries with advanced IPR regimes. General civil or administrative courts in Israel typically adjudicate IPR cases.
IPR theft, including trade secret misappropriation, can be common and relatively sophisticated in Israel. The European Commission “closely monitors” IP enforcement in Israel. The EC cites inadequate protection of innovative pharmaceutical products and end-user software piracy as the main issues with IPR enforcement in Israel.
Israel is a member of the WTO and the World Intellectual Property Organization (WIPO). It is a signatory to the Berne Convention for the Protection of Literary and Artistic Works, the Universal Copyright Convention, the Paris Convention for the Protection of Industrial Property, and the Patent Cooperation Treaty.
For additional information about national laws and points of contact at local IP offices, please see WIPO’s country profiles at http://www.wipo.int/directory/en/
Resources for Rights Holders
Mr. Peter Mehravari
Intellectual Property Attaché for the Middle East & North Africa
U.S. Embassy Abu Dhabi
Tel: +965 2259 1455
E-mail: Peter.Mehravari@trade.gov
13. Foreign Direct Investment and Foreign Portfolio Investment Statistics
Host Country Statistical source* | USG or international statistical source | USG or International Source of Data: BEA; IMF; Eurostat; UNCTAD, Other | |||
---|---|---|---|---|---|
Economic Data | Year | Amount | Year | Amount | |
Host Country Gross Domestic Product (GDP) ($M USD) | 2020/Q4 | $40,900 per capita | 2019 | $394.6 billion | www.worldbank.org/en/country |
Foreign Direct Investment | Host Country Statistical source* | USG or international statistical source | USG or international Source of data: BEA; IMF; Eurostat; UNCTAD, Other | ||
U.S. FDI in partner country ($M USD, stock positions) | 2018 | $29,800 | 2019 | $28,543 | BEA data available at https://www.bea.gov/sites/default/files/ 2020-07/dici0720_0.pdf |
Host country’s FDI in the United States ($M USD, stock positions) | 2018 | $12,000 | 2019 | $36,641 | BEA data available at https://www.bea.gov/international/ direct-investment-and-multinational-enterprises-comprehensive-data |
Total inbound stock of FDI as % host GDP | N/A | N/A | 2019 | 4.7% | UNCTAD data available at https://stats.unctad.org/handbook/ EconomicTrends/Fdi.html |
* Source for Host Country Data:
Israel’s Central Bureau of Statistics released final 2018 FDI data on March 23, 2020.
Direct Investment from/in Counterpart Economy Data | |||||
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From Top Five Sources/To Top Five Destinations (US Dollars, Millions) | |||||
Inward Direct Investment | Outward Direct Investment | ||||
Total Inward | 164,424 | 100% | Total Outward | 112,055 | 100% |
United States | 31,881 | 19% | The Netherlands | 48,903 | 44% |
The Netherlands | 12,850 | 8% | United States | 12,911 | 12% |
Cayman Islands | 12,302 | 7% | Switzerland | 3,177 | 3% |
Canada | 5,275 | 3% | Japan | 3,032 | 3% |
China, P.R. | 4,389 | 3% | Canada | 2,253 | 2% |
“0” reflects amounts rounded to +/- USD 500,000. |
Portfolio Investment Assets | ||||||||
---|---|---|---|---|---|---|---|---|
Top Five Destinations (Millions, current US Dollars) | ||||||||
Total | Equity Securities | Total Debt Securities | ||||||
All Countries | 175,628 | 100% | All Countries | 101,968 | 100% | All Countries | 73,660 | 100% |
United States | 97,245 | 55% | United States | 60,950 | 60% | United States | 36,295 | 49% |
United Kingdom | 12,977 | 7% | United Kingdom | 10,390 | 10% | United Kingdom | 2,587 | 4% |
Luxembourg | 9,205 | 5% | Luxembourg | 8,491 | 8% | France | 1,984 | 3% |
France | 6,159 | 4% | Ireland | 4,797 | 5% | Netherlands, The | 1,571 | 2% |
Ireland | 4,942 | 3% | France | 4,175 | 4% | Germany | 1,482 | 2% |