2017 Investment Climate Statements: West Bank and Gaza

Policies Towards Foreign Direct Investment

The PA continues to rank poorly in the World Bank’s Ease of Doing Business report, receiving a ranking of 140 out of 190 in 2017 (compared to 138 in 2016) due to a challenging business environment affecting domestic and foreign investors alike. The 2016 Doing Business Report scored the Palestinian economy particularly low in the categories of Resolving Insolvency (169 of 190), Starting a Business (169 of 190), and Dealing with Construction Permits (157of 190), though all of these scores were improvements from last year. The cost of starting a business has been reduced by eliminating the minimum paid-in capital requirement at registration. In addition, paying taxes became easier for companies with the new option of paying corporate income tax in advance through one or four installments. Securing construction permits became smoother after the PA streamlined the process for obtaining the civil defense permit and for submitting the stamped concrete casting permit to the municipality. The PA performed worse this year with regard to Getting Credit (118 of 190), Paying Taxes (101 of 190), and Protecting Minority Investors (158 of 190). Overall, the World Bank’s Doing Business 2017 indicates improvement in the regulatory environment when comparing with best practice indicators, but a decline when measuring progress against other economies.

In 2007, the PA began implementing reforms aimed at stimulating growth through private sector investment as well as consolidating public finances. This year, the PA put out its National Policy Agenda for 2017 -2022, which replaced the 2014-2016 National Development Plan (NDP). The NPA is both a national development policy and a political document outlining the PA’s aspirations. The NPA contains three pillars: the path to independence, government reform, and sustainable development. The latter section highlights the need for economic independence, which includes domestic reform to promote economic growth with fewer regulatory restrictions, supporting business start-ups and micro, small and medium enterprises, as well as looking ahead to economic opportunities following the resolution of the political conflict with Israel.

Since June of 2010, the PA has not hosted any major investment conference, though they have announced plans to hold one in 2017.

PA – GOI trade relations are governed by the 1994 Paris Protocol, which was meant to last for five years until a final peace agreement. Many of the stipulations are therefore outdated or are not fully implemented. Since 1995, the PA has taken steps to facilitate and increase foreign trade by signing free trade agreements with the European Union, the European Free Trade Association (EFTA), Canada, and Turkey. The PA also is eligible for the benefits of the Free Trade Agreement signed between the United States and Israel. The PA has finalized other trade agreements with Russia, Jordan, Egypt, the Gulf States, Morocco, Tunisia, Mercosur, Vietnam, and Germany and is a member of the Greater Arab Free Trade Area. The PA is preparing to seek permanent observer status in the World Trade Organization (WTO); it participated in the 2005, 2009, 2011, 2013, and 2015 WTO Ministerial meetings as an ad hoc observer.

Limits on Foreign Control and Right to Private Ownership and Establishment

The PA’s 2014 amendments to Promotion of Investment in Palestine Law No. 1 of 1998 shifted promotional incentives from a focus on those that benefit from industrial projects providing large capital investments to a focus on employment growth, development of human capital, increased exports, and local sourcing of machinery and raw materials. (See “Investment Incentives” below.)

Under the Jordanian Company Law of 1966, the foreign investor should own no more than 49 percent of a company, with a local partner holding at least 51 percent. However, foreign investors can readily obtain exceptions to this policy by working with PIPA and the MONE, which issues exceptions promptly. Foreign and domestic private entities may` establish and own business enterprises in areas under PA civil control.

The PA is currently working on finalizing a draft of a new Companies Law, which would replace the 1966 law. This new law – which is expected to be issued by Presidential decree in summer 2017 — introduces best practices for debt resolution, protecting minority investors, and starting a business.

Certain investment categories require pre-approval by the Council of Ministers (PA Cabinet). These include investments involving (1) weapons and ammunition, (2) aviation products and airport construction, (3) electrical power generation/distribution, (4) reprocessing of petroleum and its derivatives, (5) waste and solid waste reprocessing, (6) wired and wireless telecommunication, and (7) radio and television. Purchase of land by foreigners also requires approval by the Council of Ministers.

Other Investment Policy Reviews

The Office of the Quartet (OQ), an international organization working to support the Palestinian people on economic development, rule of law and improved movement and access for goods and people, has continued to work on advancing economic development and application of the rule of law. OQ gives priority to areas where accomplishments are most viable under current conditions. Its current priorities focus on five strategic pillars that represent the fundamental impact areas that contribute to economic growth and capacity building: (i) movement and trade; (ii) investment promotion; (iii) reliable infrastructure; (iv) unlocking value of land and human capital; and (v) strengthening government. A summary overview of the Initiative for the Palestinian Economy is available online .

The Organization for Economic Cooperation and Development (OECD), the World Trade Organization (WTO), and the United Nations Conference on Trade and Development (UNCTAD) do not provide investment policy reviews for the West Bank and Gaza.

Business Facilitation

Foreign companies may register businesses in the West Bank and Gaza according to the Jordanian Companies Law Number 12 of 1964. The Ministry of National Economy (MONE) and the PIPA provide information online about the business registration process, but the PA does not offer a business registration website. The PA is working to simplify the process of starting a business, which currently requires ten steps and 43 days to complete, according to the World Bank’s 2017 Doing Business Report. This includes two days to register the company, one day to pay registration fees, two days to register for taxes, one day to register with the Chamber of Commerce, and 36 days to obtain the business license from the Municipality. Foreign investors must obtain approval from the MONE and submit the application for registration through a local attorney. The process requires 11 steps for firms and takes 44 days to complete. The procedures required to register this form of company are as follows (and available online here ):

• Search for company name and reserve proposed name via MONE’s website 
• Submit company incorporation papers to MONE and sign document pledging to deposit initial capital within four years, if applicable (Jordanian Dinars (JD) 250,000 for a public shareholding company, JD 10,000 for a private shareholding company, or JD 10,000 for a nonprofit; other companies are exempt from this requirement). Obtain certificate of registration from the MONE.
• Register with the Companies Registry and pay registration fee.
• Register for income tax and value added tax.
• Register with the Chamber of Commerce.
• Obtain business license from the municipality.
• Obtain approval from fire department and Ministry of Health.

In addition to applicable fees, public and private companies must submit the following documents to the Companies Registry:

• Articles of Association (3 copies)
• Company Bylaws (3 copies)
• Shareholders Identification (copies)
• Verified company name
• Registration application (3 copies)
• Powers of attorney

Foreign companies may work with PIPA to obtain the investment registration certificate and investment confirmation certificate. In addition, foreign companies seeking to open branches in the West Bank or Gaza must submit registration documents certified by the Palestinian Liberation Organization (PLO) representative in their home country. According to PIPA, the majority of Palestinian companies are small- and medium-sized enterprises (SMEs), and the PA has sought to support SME development and financing. SMEs are categorized according to staff size: small enterprises employ up to nine people, while medium enterprises employ 10-19 people.

Outward Investment

The PA encourages foreign investors, and is planning a large investment conference this summer to market potential opportunities for regional and international investors. The PA is also working to strengthen incentives for high potential sectors via PIPA.

The PA recognizes the international trade agreements listed below, which refer implicitly or explicitly to WTO rules. These include:

• Paris Protocol Agreement with Israel (1994) – free trade in products between Israel and Palestinian markets
• Technical and Economic Cooperation Accord with Egypt (1994)
• Trade Agreement between the PA and Jordan (1995)
• Duty Free Arrangements with the United States (1996)
• The EuroMed Interim Association Agreement on Trade and Co-operation (1997)
• Interim Agreement between European Free Trade Area (EFTA) states and the PLO (1997)
• Joint Canadian-Palestinian Framework for Economic Cooperation and Trade (1999)
• Agreement on Commercial Cooperation with Russia – extends MFN status
• Greater Arab Free Trade Area, to which PA is a party (2001)
• Free Trade Agreement with Turkey (2004)
• Trade Agreement with the EU – duty free access for Palestinian agricultural and fishery goods (2011)
• Free Trade Agreement with Mercosur (2011)
• Unilateral acts by other Arab trade partners extending preferential treatment to trade with the Palestinians.

Since 1996, duty-free treatment has been available for all goods exported from the West Bank and Gaza to the United States, provided they meet qualifying criteria as spelled out in the U.S. – Israel Free Trade Area (FTA) Implementation Act of 1985, as amended. The duty-free benefits accorded under the FTA exceed those benefits which would be provided under the Generalized System of Preferences (GSP). It is worth noting that the benefits for imports provided in all of the trade agreements listed above are subject to application by the GOI, since all goods destined for the West Bank or Gaza must enter through Israeli-controlled crossings or ports. The GOI generally applies duties and tariffs consistent with its trade agreements, not with the PA’s trade agreements.

The West Bank and Gaza do not have a bilateral taxation treaty with the United States.

Transparency of the Regulatory System

The PA has worked to erect a sound legislative framework for business and other economic activity in the areas under its jurisdiction since its creation in 1994; however, implementation and monitoring of implementation needs to be strengthened, according to many observers. The PA MONE, with the assistance of international donors, is in the process of drafting a number of proposed laws related to business and commercial regulation, including licensing, intellectual property rights, business registration regulation of competition, secured lending, bankruptcy, and trademark and copyright. In May 2016, the PA passed the Secure Transactions Law, Moveable Assets Law and Leasing Law.

The MONE regularly holds stakeholder meetings for draft commercial legislation to gather input from the private sector, and publishes drafts of the proposed law. Because the Palestinian Legislative Council has not met in the West Bank since 2007, each law must be adopted as a presidential decree, an effort that often delays reform efforts. The proposed laws will likely need to be approved by the PLC, should it reconvene in the future. The PA Ministry of Justice, in cooperation with Birzeit University, publishes online the Official Gazette of all PA legislation since 1994 at http://muqtafi.birzeit.edu/en/index.aspx .

The PA budget is publicly available, including on the Ministry of Finance website. A regulatory body governs the insurance sector, and the PA has adopted a telecom law that calls for establishment of an independent regulator. However, establishment of the telecom regulator has stalled due to disagreement over its proposed members and authorities.

The Palestinian Standards Institution also has a website with information on standards for the business community (http://www.psi.pna.ps/ar_new/index.php?p=home ).

International Regulatory Considerations

The PA is not a member of the World Trade Organization (WTO), but is actively preparing for Permanent Observer status, and participated in the 2005, 2009, 2011, 2013, and 2015 WTO Ministerial meetings as an ad hoc observer.

Legal System and Judicial Independence

Commercial disputes can be resolved by way of conciliation, mediation, or domestic arbitration. Arbitration in the Palestinian territories is governed by Law No. 3 of 2000. International arbitration is accepted. The law sets out the basis for court recognition and enforcement of arbitral awards. Generally, every dispute may be referred to arbitration by agreement of the parties, unless prohibited by the law. Article 4 of the law states that certain disputes cannot be referred to arbitration, including those involving marital status, public order issues, and cases where no conciliation is permitted. In the event that parties do not agree on the formation of the arbitration tribunal, each party may choose one arbitrator and arbitrators shall then choose a presiding arbitrator, unless the parties agree to do otherwise.

Judgments made in other countries that need to be enforced in the West Bank/Gaza are honored, according to the prevailing law in the West Bank, mainly Jordanian Law No. 8 of 1952 as amended by the PA in 2005. Gazan courts refer back to Israeli and Egyptian laws, which were in force prior to 1993, for matters not covered by PA law; however, the de facto Hamas-led government in Gaza does not consistently apply PA, Egyptian, or Israeli laws. The law covers many issues in relation to the enforcement of foreign judgments.

Laws and Regulations on Foreign Direct Investment

The PA is working on a draft Foreign Trade Law, but it is still in the review process. A project to develop, draft and implement a new Competition Law will begin in 2017. As mentioned above, there are laws that govern foreign direct investment, overseen by the Ministry of National Economy.

Competition and Anti-Trust Laws

There is no Competition Law for the Palestinian territories at this time. The PA drafted a law in 2003 that was not enacted, and in 2012 the PA prepared a new draft law that has not yet been issued. Because of the geographic division between businesses in East Jerusalem, the West Bank and Gaza, many firms in disparate geographic locations within the Palestinian territories have little to no competition, causing variations in both pricing and firm productivity between regions and sometimes cities within a region.

Expropriation and Compensation

The Investment Law, as amended in 2014, prohibits expropriation and nationalization of approved foreign investments, except in exceptional cases for a public purpose with due process of law, which shall be in return for fair compensation based on market prices and for losses suffered because of such expropriation. The PA must secure a court decision before proceeding with expropriation.

PA sources and independent lawyers say that any Palestinian citizen can file a petition or a lawsuit against the PA. In 2011, the PA established independent, specialized courts for labor, chambers, customs, and anti-corruption. These courts are composed of judges and representatives from the Ministries of National Economy and Finance. There is general confidence in the judicial system is and businesses rely on the courts and police to enforce contracts and seek redress, though alternative means of arbitration are still used to resolve some disputes.

Dispute Settlement

ICSID Convention and New York Convention

The PA signed the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) in January 2015, and the Convention entered into force in April 2015. The PA is not a member of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention).

In 2014 the IMF reported an average of 540 days to resolve a standardized commercial dispute through the courts, with 44 separate procedures required for a dispute resolution. Litigants suggested that the decisions at different levels of the courts were inconsistent, prompting more appeals and a larger overall caseload.

Investor-State Dispute Settlement

The Investment Law, as amended in 2014, provides for dispute resolution between the investor and official agencies by binding independent arbitration or in Palestinian courts. It has been reported that some contracts contain clauses referring dispute resolutions to the London Court of Arbitration. The Jerusalem Arbitration Center (JAC) provides a forum to resolve business disputes between Palestinian and Israeli companies. Commercial disputes may be resolved by way of conciliation, mediation, or arbitration.

International Commercial Arbitration and Foreign Courts

International arbitration is permitted and governed by governed by Law No. 3 of 2000. The law sets out the basis for court recognition and enforcement of awards. Generally, every dispute may be referred to arbitration by the agreement of the parties, unless prohibited by the law. Article 4 of the law states that certain disputes cannot be referred to arbitration, including those involving marital status, public order issues, and cases where no conciliation is permitted. In the event that parties do not agree on the formation of the arbitration panel, each party may choose an arbitrator and arbitrators shall choose a casting arbitrator unless the parties agree to proceed otherwise. Arbitral awards made in other countries that need to be enforced in the West Bank/Gaza are honored, according to the prevailing law in the West Bank, mainly Jordanian Law Number 8 of 1952 as amended by the PA in 2005. The law covers many issues in relation to the enforcement of foreign judgments.

Bankruptcy Regulations

The World Bank’s 2017 Doing Business Report did not cite any cases involving a foreclosure, liquidation or reorganization proceedings filed in the country in the last 12 months. According to that report, no priority is assigned to post-commencement creditors, and debtors may file for liquidation only. The PA MONE, with the assistance of international donors, is in the process of drafting a number of proposed laws related to bankruptcy, but no bankruptcy reform has been enacted. In the updated Companies law, there will also be a chapter on insolvency.

Investment Incentives

In 2014, by presidential degree, PA President Abbas, in order to align the PA’s development priorities with the investment incentives provided by Palestinian law, enacted amendments to the Promotion of Investment in Palestine Law No. 1 of 1998, the investment and tax law. These amendments extended tax incentives to small and medium companies, exporters, and agriculture and tourist businesses; and shifted the focus towards incentives on human capital instead of fixed assets. The amendments add tourism and agricultural projects to qualifying industries, and removed real estate development projects from the industries promoted through the incentives. The amendments also gave additional authority to the PIPA to create incentive packages targeted to individual business needs (www.pipa.ps ). PIPA expects the changes to create streamlined investment and incentive processes to circumvent some PA bureaucratic red tape to obtain investment project licenses. For example, if any step in the business registration process takes longer than 30 days, PIPA can intervene and issue a business license or registration on its own authority. The PA is also currently working on a package for incentives in the ICT, industrial, and energy sectors, in addition to Area C.

The 2014 amendment to Article 23 of the Promotion of Investment in Palestine Law No. 1 of 1998 granted the following incentives and exemptions for projects approved by PIPA:

• Income tax of zero percent for producers of agricultural products whose income is directly generated from land cultivation or livestock.
• Income tax of five percent for a period of five years commencing from the date of realizing profit but not exceeding four years, whichever is earlier.
• Income tax of ten percent for a period of three years commencing from the end of the first phase. It will thereafter be calculated based on the applicable and in-effect percentages and segments.

Projects that may be targeted for taxation incentives and support services include the following:

• Industrial sector projects;
• Tourism sector projects;
• New projects within any sector that employ at least 25 workers during the period of benefit;
• Projects that increase their production exports ratio by more than 40 percent;
• Projects within any sector which use approximately 70 percent locally-sourced machinery and raw materials;
• Any existing project that adds 25 workers to the number of already existing workers;
• Developmental expansions of projects (to be based on percentage of paid-in capital but not land value);
• Projects in which the PIPA Board of Directors provides specific incentive packages that comply with special criteria, meet international environment conditions or alternative energy services, or are projects located within areas of developmental priorities.
• Any project determined by PIPA’s Board of Directors to advance the public interest (subject to the nature of a project’s activity, geographical location, the extent to which the project contributes to increasing exports, creating job opportunities, advancing development, transferring knowledge, and supporting research and development for the purposes of enhancing the public benefit).

Excluded from the incentives are:

• Commercial projects;
• Insurance companies;
• Banks;
• Money changers;
• Real estate projects;
• Some electricity projects;
• Telecommunication services;
• Commercial services;
• Crushers;
• Quarries;

Any companies that obtained concessions contracts from the Council of Ministers and operate as monopolistic companies.

Foreign Trade Zones/Free Ports/Trade Facilitation

There are no foreign trade zones or free ports in the West Bank or Gaza.

Performance and Data Localization Requirements

The current performance requirements for investment incentives have reduced the focus on a capital investment requirement and now focus on job growth and locally-sourced production.

While the PA does not require foreign nationals working in the West Bank to seek work permits, the GOI does require foreigners to obtain Israeli visas in order to enter the West Bank and Gaza via Israel. Israel generally grants foreign passport holders from countries that have diplomatic relations with Israel three-month tourist visas upon arrival, but longer-term business visas may only be obtained by businesses or organizations with an Israeli presence. Israel often requires foreign passport holders of Palestinian descent to apply for Palestinian ID cards. Israeli authorities may consider as Palestinian anyone who has a Palestinian identification number, was born in the West Bank or Gaza, or was born in the United States (or elsewhere) but has parents or grandparents who were born or lived in the West Bank or Gaza. Any such U.S. citizen may be required to use a Palestinian travel document and enter via the Allenby Bridge crossing on the Jordanian border instead of Ben Gurion Airport in Tel Aviv. If they decide not to obtain a PA travel document, such Americans may be barred from entering or exiting Israel, the West Bank or Gaza, face long delays, or be denied entry at the ports of entry. Palestinian-Americans holding Palestinian IDs and PA exit permits may depart via the Allenby Crossing between Jordan and the West Bank, provided they have valid Jordanian visas in their U.S. passports.

According to the GOI, foreign nationals working in the West Bank should either apply for work visas at Israeli embassies in their countries of origin or seek adjustment of status through the Israeli Coordinator of Government Activities in the Territories (COGAT) after their arrival in the West Bank. This process, however, is opaque, time consuming, and may not result in issuance of a work visa. As a result, many foreign passport holders depart and reenter the West Bank every three months to receive new three-month tourist visas upon re-entry. The GOI has placed a stamp reading “Judea & Samaria Only” on the visas of some U.S. citizens working in the West Bank, effectively stopping them from entering Israel or Jerusalem from the West Bank. The United States government periodically asks the GOI to cease this policy.

There are no data storage requirements under PA law for IT companies. The PA does not follow a forced localization policy, and there are no requirements for foreign IT providers to turn over source code or provide access to surveillance.

Real Property

The Acquisition Law in the West Bank, which regulates foreign acquisition and the rental or lease of immovable properties, classifies foreigners into three categories:

Foreigners who formerly possessed Palestinian or Jordanian passports shall have the right to own certain properties sufficient to erect buildings and/or for their agricultural projects.

Foreigners who hold other Arab passports have the right to own certain property that suffices for their living and business needs only.

Other foreigners, including Jerusalem ID holders, must receive permission from the PA Cabinet to own buildings or purchase land.

The permission process can be lengthy and includes clearances from the intelligence and preventive security agencies. It is critical that potential purchasers of land or buildings perform a title search to ensure that no outstanding violations or unpaid penalties exist on the properties. Under current law, outstanding violations and penalties are transferred to the new owners.

Title searches can only be obtained from the PA Land Authority (al-Taboh). Land registration is done through the Land Registries in Hebron, Ramallah, Qalqilya, Tulkarem, Nablus, Bethlehem, Jericho, Jenin, and Gaza City. In order to purchase land in the West Bank or Gaza, an application that includes supporting documents, such as deeds to the property and powers of attorney, should be submitted to the land registry office having jurisdiction over the land.

The issue of land registration in the West Bank is complicated by overlapping, and sometimes conflicting, laws and customs derived from the Ottoman, British Mandate, and Jordanian periods of rule. In addition, there is no comprehensive registry of land ownership for the West Bank, and efforts to complete one are expected to take decades at the current pace. The majority of the land has not been registered; even where land is registered, titles are often more than a generation old, with unresolved rights to numerous inheritors, which affects the mortgage market. . Israeli administrative control over 60 percent of the West Bank designated as “Area C” adds an additional layer of bureaucracy and restrictions with respect to sale and use of privately held lands in those areas.

Intellectual Property Rights

The West Bank and Gaza do not have modern intellectual property rights (IPR) regimes in place, and IPR legislation originates from a combination of Ottoman era, British Mandate, and pre-1967 Jordanian laws. The PA was indirectly committed to the General Agreement on Tariffs and Trade and the agreement of Trade Related Aspects of Intellectual Property Rights (GATT-TRIPS) when it signed the 1995 Interim Agreement on West Bank/Gaza according to Annex III (Protocol Concerning Civil Affairs), Appendix 1, Article 23.

Currently, intellectual property is governed by the Civil Claims Law of 1933 and the Palestinian Trademark and Patent Laws of 1938 in Gaza, and the Commercial Law No. 19 of 1953 and the Patent Law No. 22 of 1953 in the West Bank. Registration is very similar and, despite different authorizing legislation, there are few substantive differences between IPR laws in the West Bank and Gaza.

To register a trademark, four copies of the proposed trademark must be attached to the application, one of them in color, along with a copy of the company’s Certificate of Registration. A foreign company is entitled to register its trademark in the Palestinian territories by giving power of attorney in this regard either to a trademark agent or to a lawyer. Trademarks can be registered unless they fall within the recognized prohibition, such as being similar or identical to an already registered trademark, are likely to lead to deception of the public, or are contrary to public morality. Trademark protection is available for registered trademarks for a period of seven years, which may be extended for additional periods of 14 years. The proprietor of a trademark in the West Bank/Gaza owns the sole right to the use of the trademark in association with the goods with which the trademark is registered. The trademark is open for opposition after being published in the Gazette for a period of three months. The holder of a trademark retains the right to bring civil action against any perpetrator in addition to criminal proceedings.

Trade names are registered by the PA according to specific procedures and conditions that are laid out in the Jordanian Trade Names Registration Law No. 30 of 1953, which is still applicable in the West Bank, and Law No. 1 of 1929 in Gaza.

The Patents and Design Law No. 22 of 1953 is applicable in the West Bank and the Patents Design Law No. 64 of 1947 is applicable in Gaza. A foreign company is entitled to have a patent or design registered by giving power of attorney in this regard to a patent agent or to a lawyer, with the requisite documents. Patent protection is provided for a period of 16 years from the date of filing the patent application.

Copyright in the West Bank and Gaza is governed by the Copyright Laws of 1911 and 1924. The protection lasts for a period of 50 years after the death of the author of the work. The law also deals with infringements, compulsory licenses, and many other procedural issues as well.

The law prescribes imprisonment for a maximum period of one year or a fine not exceeding 100 Jordanian dinars for infringement of a registered mark.

There is minimal enforcement of IPR laws for music and movies in the West Bank/Gaza, while the PA has enforced some of these laws to protect the Palestinian pharmaceutical industry. The PA has drafted a modern law that will encompass IPR, including copyright, patents and designs, trademarks, and merchandise branding, but the law has not yet been adopted in the absence of a functioning legislature. The PA is keen to obtain membership in the different organizations and agreements concerned with intellectual property, such as the World Trade Organization (WTO) and the World Intellectual Property Organization; it has held observer status in the latter since 2005.

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/ .

Capital Markets and Portfolio Investment

In 2004, the PA enacted the Capital Markets Authority Law and the Securities Commission Law, and created the Capital Market Authority to regulate the stock exchange, insurance, leasing, and mortgage industries. In 2010, a Banking Law was adopted to bring the Palestinian Monetary Authority’s (PMA) regulatory capabilities in line with the Basel Accords, a set of recommendations for regulations in the banking industry. The 2010 law provides a legal framework for the establishment of deposit insurance, management of the Real Time Gross Settlement (RTGS) system, and treatment of weak banks in areas such as merger, liquidation, and guardianship. It also gives the PMA regulatory authority over the microfinance sector. In 2013, the PA passed a Commercial Leasing Law and in 2015 the MONE finalized a registry for moveable assets, intended to facilitate secured transactions, especially for small and medium-sized businesses.

In April 2016, the PA passed the Secured Transactions Law, which established the legal grounds and modern systems to regulate the use of movable assets as collateral. This law, and the Companies Law, which is currently under review by interagency panels will help improve the investment climate and the ease of doing business. The World Bank 2017 Doing Business report assigned the West Bank and Gaza a particularly low score for protecting minority investors, resolving insolvency, and obtaining credit. Founders of new SMEs complain that loan terms from Palestinian creditors are often too short in that they fail to allow the borrower enough time to establish a sustainable business. The new Moveable Assets Registry, coupled with the Commercial Leasing Law, is expected to improve the ranking.

The Palestine Exchange (PEX) was established in 1995 to promote investment in the West Bank and Gaza. Launched as a private shareholding company, it was transformed into a public shareholding company in February 2010. The PEX was fully automated upon establishment – the first fully automated stock exchange in the Arab world, and the only Arab exchange that is publicly traded and fully owned by the private sector. The PEX operates under the supervision of the Palestinian Capital Market Authority. There are 49 listed companies on the PEX, which as of 2016 had a market capitalization of about $3.556 billion across five main economic sectors: banking and financial services, insurance, investments, industry, and services.

Money and Banking System

The Palestinian banking sector continues to perform well under the supervision of the PMA. The World Bank’s reports to the Ad Hoc Liaison Committee (AHLC) have consistently noted that the PMA is effectively supervising the banking sector. The PMA continues to enhance its institutional capacity and is steadily building many of the capabilities of a central bank. It provides rigorous supervision and regulation of the banking sector, consistent with international practice. An Anti-Money Laundering Law that was prepared in line with international standards with technical assistance from the International Monetary Fund (IMF) and USAID came into force in October 2007. In December 2015 the PA President signed the Anti-Money Laundering and Terrorism Financing Decree Law Number 20 and joined the Middle East and North Africa Financial Action Task Force (MENAFATF), a voluntary organization of regional governments focused on combating money laundering and the financing of terrorism and proliferation. In a 2016 IMF report, the IMF reported that the PA is focused on ensuring proper implementation of the law, with IMF technical support. The PMA plans to establish an AML/CFT department to work with the existing Financial Intelligence Unit to prepare for a comprehensive assessment of the AML/CFT regime. Among the new law’s many improvements over the 2007 decree was to make terrorist financing a criminal offense and to define terrorists, terrorist acts, terrorist organizations, foreign terrorist fighters, and terrorist financing. It also makes terrorism and terrorist acts predicate money laundering offenses.

Credit is limited by uncertain political and economic conditions and by the limited availability of real estate collateral due to non-registration of most West Bank land. Despite these challenges, the sector’s strong loan-to-deposit ratio continues to improve, moving from 58 percent at the end of 2015 to 60 percent in at the end of 2016. The PMA has achieved this in part by encouraging banks to participate in loan guarantee programs sponsored by the United States and international financial institutions, by supporting a national strategy on microfinance, and by imposing restrictions on foreign placements. The MONE’s enactment of the Secured Transactions Law in April 2016 would allow use of moveable assets, such as equipment, as collateral for loans. Non-performing loans are less than three percent of total loans, due to credit bureau assessments of borrowers’ credit worthiness and a heavy collateral system.

Palestinian banks have remained stable despite the global economic crisis, but have suffered from deteriorated relations with Israeli correspondent banks since the Hamas takeover of Gaza in 2007, at which time Israeli banks cut ties with Gaza branches and gradually restricted cash services provided to West Bank branches. All Palestinian banks were required to move their headquarters to Ramallah in 2008. Israeli restrictions on the movement of cash between West Bank and Gaza branches of Palestinian banks have caused intermittent liquidity crises in Gaza and the West Bank for all major currencies: U.S. dollars, Jordanian dinars, and Israeli shekels (ILS).

The PMA regulates and supervises 15 banks with 260 branches and offices in the West Bank and Gaza, several of which are foreign banks, mostly Jordanian; the top two banks have assets of USD 5.958 billion combined. No Palestinian currency exists and, as a result, the PA places no restrictions on foreign currency accounts. The PMA is responsible for bank regulation in both the West Bank and Gaza. Palestinian banks are some of the most liquid in the region, with net assets of USD 13,806 billion, total deposits of USD 10,595.8 billion and gross credit of USD 6.8 billion as of the end of 2016.

Foreign Exchange and Remittances

Foreign Exchange

The PA does not have its own currency. According to the 1995 Interim Agreement, the Israeli Shekel (NIS/ILS) freely circulates in the Palestinian territories and serves as means of payment for all purposes including official transactions. The exchange of foreign currency for NIS and vice-versa by the Palestinian Monetary Authority (PMA) is carried out through the Bank of Israel Dealing Room, at market exchange rates.

Remittance Policies

The Investment Law guarantees investors the free transfer of all financial resources out of the Palestinian territories, including capital, profits, dividends, wages, salaries, and interest and principal payments on debts. Most remittances under USD 10,000 can be processed within a week. In addition to the Israeli Shekel (ILS), U.S. dollars (USD) and Jordanian dinars (JD) are widely used in business transactions. There are no other PA restrictions governing foreign currency accounts and currency transfer policies. Banks operating in the Palestinian territories, however, are subject to Israeli restrictions on correspondent relations with Israeli banks and the ability to transfer shekels into Israel, which occasionally limit services such as wire transfers and foreign exchange transactions.

Sovereign Wealth Funds

The Palestine Investment Fund (PIF) acts as a sovereign wealth fund, owned by the Palestinian people. According to PIF’s 2015 annual report (the most recent available), its assets that year reached USD 798 million; earnings before taxes were USD 37.6 million, and net income was USD 36 million. PIF’s investments in 2015 were concentrated in infrastructure, energy, telecommunications, real estate and hospitality, micro/small/medium enterprises, large caps, and capital market investments. The overwhelming majority of PIF investments are domestic, but excess liquidity is invested in international and regional fixed income and equity markets. In 2014 the fund established the Palestine for Development Foundation, a separate not-for-profit foundation managing PIF’s corporate social responsibility initiatives, which are primarily focused on support to Palestinians in the West Bank, Gaza, Jerusalem, and abroad. Since 2003, PIF has transferred over USD 928 million to the PA in annual dividends, but the PIF leadership does not report to the PA per PIF bylaws. International auditing firms conduct both internal and external annual audits of the PIF.

Although there are no state-owned enterprises (SOEs), some observers have noted that the Palestine Investment Fund (PIF), an investment fund that essentially acts as a sovereign wealth fund for the PA, enjoys a competitive advantage in some sectors, including housing and telecom, due to its close ties with the PA. The import of petroleum products falls solely under the mandate of the Ministry of Finance’s General Petroleum Corporation, which then re-sells the products to private distributors at fixed prices.

Privatization Program

There is no PA privatization program for industries within the Palestinian Territories.

Most large or multinational businesses in the West Bank include corporate social responsibility (CSR) in their business plans, mainly focusing on philanthropy related to education, health, and youth. Some medium sized enterprises, particularly in healthcare and the food industry, started CSR initiatives to create goodwill for their products. CSR engagement remains relatively low because most companies are small, family-run businesses.

The Anti-Graft Law (AGL) of 2005 criminalizes corruption, and the State Audit and Administrative Control Law and the Civil Service Law both aim to prevent favoritism, conflict of interest, or exploitation of position for personal gain. The AGL was amended in 2010 to establish a specialized anti-graft court and the Palestinian Anti-Corruption Commission, which was tasked with collecting, investigating, and prosecuting allegations of public corruption. The Anti-Corruption Commission, appointed in 2010, has indicted several high-profile PA officials; these cases are now pending before the courts. However, the PLC, which is responsible for oversight of the PA’s executive branch, has not met since April 2007. In May 2011, the World Bank reported that the PA had made significant progress in establishing a strong governance environment in many critical areas, but highlighted continuing areas of concern, including management of state land assets, transparency in licensing and business rights, and public access to government information. Palestinian civil society and media are active advocates of anti-corruption measures, and there are international and Palestinian non-governmental organizations that work to raise public awareness and promote anti-corruption initiatives. The most active of these is the AMAN Coalition for Integrity and Accountability, which is the Palestinian chapter of Transparency International. According to the World Bank 2014 Investment Climate Assessment report, Palestinian firms do not consider corruption to be one of the most serious problems they face. Seven percent of the firms surveyed reported having experienced a request from a government official for a bribe. Please see the AMAN website (http://www.aman-palestine.org/eng/index.htm ) for further information.

During the past decade the perception of corruption involving political figures and institutions, once widespread, has significantly declined. Private sector businesses agree that the PA has been successful in reducing institutional corruption and local perceptions of line ministries and PA agencies are generally favorable in this regard. PA officials, businesses and representatives of service sectors note, however, that the largely discretionary authority given to Israeli military, police, and civilian officials in administering economic policy in the West Bank – touching on imports, checkpoint crossings, labor permits, and building licenses, among other things – create regular opportunities for low-level corruption on a range of daily decisions.

UN Anticorruption Convention, OECD Convention on Combatting Bribery

In April 2014 the PA acceded to the UN Anticorruption Convention. The PA is not a party to the OECD Convention on Combatting Bribery.

Resources to Report Corruption

Contact at American Consulate General in Jerusalem:

Mike Boven
Economic Officer
+972 2 622 6952
BovenMD@state.gov

Contact at government agencies responsible for combating corruption:

Dr. Ahmed Barak
Acting Attorney General
Al-Balua, opp. Foreign Ministry, Al-Bireh
+972-2-242-8538
ag.office@pgp.ps

The Coalition for Accountability and Integrity – AMAN
+972-2-298-9506
info@aman-palestine.org
http://www.aman-palestine.org 

The security environment remains complex in the West Bank, and Gaza. The security situation can change day to day, depending on the political situation, recent events, and geographic area. Potential investors should consult the State Department’s latest travel warnings available at https://travel.state.gov.

Violent clashes between Israeli security forces, Israeli settlers, and Palestinian residents of the West Bank have resulted in numerous deaths and injuries. Demonstrations and violent incidents can occur without warning, and vehicles are sometimes damaged by rocks, Molotov cocktails, and gunfire on West Bank roads. During periods of unrest, the Israeli government may restrict access to and within the West Bank, and some areas may be placed under curfew. In June 2007, Hamas, a designated Foreign Terrorist Organization (FTO), violently seized control of the Gaza Strip, effectively removing the PA from government facilities. Following the Hamas takeover, the GOI implemented a closure policy that restricted imports to limited humanitarian and commercial shipments and cut off most exports. The economic situation and investment outlook in Gaza have continuously deteriorated since that time, especially following Israeli combat operations there in December 2008-January 2009 (Operation Cast Lead), November 2012 (Operation Pillar of Defense) and July-August 2014 (Operation Protective Edge). Even before the substantial physical damage sustained by the private sector during the military operations, the World Bank estimated as many as 90 percent of private sector businesses had closed. The GOI has from time to time eased its closure policy by lifting some restrictions on goods imported into and exported out of Gaza, but the measures have been largely symbolic and the situation remains unstable. The GOI allows limited exports to overseas markets, Israel and some sales to the West Bank. According to the 2014 World Bank Investment Climate report, political instability and the restrictions on movement and access to resource and markets remain the key obstacles to investment.

With its growing youth population, the West Bank and Gaza have an abundant labor supply with a high level of education and skills. According to the Palestinian Central Bureau of Statistics (PCBS), the total population of the West Bank and Gaza in December 2016 was about 4.82 million, including 2.94 million in the West Bank and 1.88 million in the Gaza Strip.

PCBS estimated there were 1.341 million people in the labor force as of the end of 2016, effectively 45.6 percent of the West Bank population and 46.1 percent of the Gaza population. Since 2001, when the GOI began restricting the number of labor permits available to Palestinians, areas adjacent to the Green Line between Israel and the West Bank, such as Jenin, Tulkarem, and Qalqilya have seen their unemployment rates increase substantially above the West Bank average.

The most recent PCBS labor statistics estimate 2016 unemployment was 18.2 percent in the West Bank and 41.7 percent in Gaza. Unemployment disproportionately affects youth: when broken down, the highest unemployment rate in 2016 was 43.2 percent among youth ages 20-24 years. According to PCBS, at the end of 2016, the service sector was the biggest employer in the local market with 33.2 percent in the West Bank and 53.8 percent in Gaza Strip. The public sector employed 21.6 percent of the workforce in 2016 (15.4 percent in the West Bank and 36.4 percent in Gaza Strip). The average daily wage in 2016 in the West Bank was 98.1 ILS (USD 26.99) compared with 61.7 (USD 16.97) NIS in the Gaza Strip. The Palestinian minimum wage in 2016 was NIS 1,450 (USD 381.57) per month. The average daily wage for persons employed in Israel and Israeli settlements was NIS 218 (USD 60).

According to the most recent Labor Force Survey, labor distribution by sector is as follows:

• 40.2 percent – Services and Other Branches
• 22.4 percent – Commerce, Hotels, Restaurants
• 10.1 percent – Construction
• 13.4 percent – Mining, Quarrying, Manufacturing
• 7.4 percent – Agriculture, Forestry, Fishing, Hunting
• 6.8 percent – Transportation, Storage, Communication

The International Labor Organization reported in 2015 that increasing uncertainty and restrictions on labor institutions and practices in the West Bank and Gaza could lead to negative prospects for private economic activity. PA law does not expressly forbid forced or compulsory labor, and there have been reports of forced labor and child labor in the West Bank and Gaza, particularly in agricultural work and the informal economy. Despite widespread informality in the economy, most large Palestinian employers rely on standard, long-term employment contracts with minimal use of temporary workers. Israeli law applies to settlements in the West Bank, but authorities did not enforce it uniformly. Investors may encounter increasing reputational risks related to labor conditions in these settlements.

PA law provides for the rights of workers to form and join independent unions and conduct legal strikes. The law requires conducting collective bargaining without any pressure or influence but does not explicitly provide for the right to collective bargaining. Anti-union discrimination and employer interference in union functions are illegal, but the law does not specifically prohibit termination due to union activity. Labor unions were not independent of authorities and political parties in 2016.

The requirements for legal strikes are cumbersome, and strikers had little protection from retribution. The PA Ministry of Labor can impose arbitration; in such cases, workers or their trade unions faced disciplinary action if they rejected the result. If the ministry cannot resolve a dispute, it can be referred first to a committee chaired by a delegate from the ministry and composed of an equal number of members designated by the workers and the employer, and finally to a specialized labor court. Teachers, who comprise the most significant portion of the public sector work force, participated in a large-scale strike with demonstrations in early 2016 protesting partial pay.

In early 2016, the PA President ratified a new Social Security Law, but the law had not been formally adopted or implemented at the time of this report. The draft law is expected to cover issues related to retirement benefits, maternity leave and disability payments, as well as compel employers to contribute to a Social Security Fund for employees.

The Overseas Private Investment Corporation (OPIC) provides a variety of services to qualified investors with either U.S. partners and/or subsidiaries in emerging economies and developing nations. During the early stages of investment planning, U.S. investors may contact OPIC for insurance against political violence, inconvertibility of currency, and expropriation in the form of an insurance registration letter. OPIC has initiated a number of programs in the West Bank and Gaza to support private sector development, including a successful loan guarantee facility. Building on previous programs that disbursed over $117 million in loans from July 2007 to September 2015, OPIC launched a new Loan Guarantee Facility in April 2016 enabling pre-approved lenders to provide up to $143 million in loans to eligible SMEs. The new facility expands the parameters of its predecessor programs to broaden the range of guaranty products and technical assistance.

According to the PCBS, the stock of foreign investment in the Palestinian territories at the end of 2015 amounted USD 2.987 billion. This includes foreign direct investment, portfolio investments, and other investments.

Table 2: Key Macroeconomic Data, U.S. FDI in Host Country/Economy

Table 3: Sources and Destination of FDI

The largest foreign company in the West Bank/Gaza is the Palestine Development and Investment Company (PADICO), which has invested over USD 250 million in the economy. Key PADICO investors include diaspora Palestinians from Jordan, the United Kingdom, and the Gulf. PADICO has made significant investments in telecommunications, housing, and the establishment of the Palestinian Securities Exchange. The Arab Palestinian Investment Company (APIC), headquartered in Ramallah, is a large foreign investment group with authorized capital of over USD 100 million. There are four private equity funds operating in the West Bank/Gaza, largely comprised of foreign investors: Riyada, Siraj, Sharakat, and Sadara. Other significant foreign investments include Qatari mobile operator QTel’s projected USD 600 million investment in Wataniya Mobile over a 10-year period, and Qatari Diar’s projected USD 1 billion investment in Rawabi, a mixed use/affordable housing real estate development. The largest U.S. investment is Coca Cola’s 15 percent stake in the local bottler, Palestine National Beverage Company (PNBC), a company valued at USD 70 million. PNBC recently opened a USD 20 million bottling facility in Gaza, in addition to its three West Bank-based plants.

Mike Boven
Economic Officer
+972 2 622 6952
BovenMD@state.gov