BDS Legislation

Israel

Prevention of Harm to the State of Israel by Means of Boycott Law, 5711-2011

The Law creates tortious liability and establishes various administrative restrictions against anyone who knowingly publishes a public call to impose a boycott on the State of Israel, as defined by the Law. The law was upheld by the Israel Supreme Court in Avneri v. Knesset, except for section 2c, which provided for punitive damages where the violation was intentional.    Text of the law:   Hebrew   English Translation

Amendment 28 of the Entry into Israel Law of 1952, 14 Mar 2017, adding two subsections to section 2 of the law.

The Amendment empowers the Minister of the Interior to deny entry into Israel of an individual who has knowingly published a public call to boycott the State of Israel, as defined in the Prevention of Harm to the State of Israel by Means of Boycott Law.  The Amendment has been the subject of interpretation in Alqasem v. Ministry of the Interior and The Hebrew University.
Text of the law:   Hebrew   English Translation

 

United States

Federal Law and Regulations

Internal Revenue Code, Section 999 – Boycott Reporting (Ribacoff Amendment)
Regulation 7.999-1
Internal Revenue Manual – Boycotts

Export Control – Anti-Boycott Act of 2018
Regulations – 15 CFR Part 760
Office of Antiboycott Compliance (OAC)

State Legislation Currently in Force

Enacted mid-1970s in Response to Arab Boycott
Enacted 2015 – 2019 in Response to BDS Movement

 

Europe

European Union

Regulations upon which are based the labeling ruling of the European Court of Justice:

Regulation 1169/2011, on the provision of food information to consumers – 25 Oct 2011       English     French

Union Customs Code – 9 Oct 2013, most recently amended by Regulation (EU) 2019/63 – 17 Apr 2019    English   French

Interpretative Notice on Labeling of Goods from Judea and Samaria – 11 Nov 2015

The Notice defines the way in which products from Israeli communities in Judea and Samaria sold within the EU are to be labeled as to their origin, specifying the mention of “Israeli settlement.”  Israeli officials have viewed such EU labeling requirements being imposed only on Judea and Samaria as discriminatory and akin to a boycott, noting that the requirements have not been applied to disputed territories such as northern Cyprus, Western Sahara, Kashmir or Tibet.

French Minister for the Economy and Finance, JORF 2016, No 273, text No 81 – 24 Nov 2016.  This is a “notice to economic operators concerning the indication of origin of goods originating in the territories occupied by the State of Israel since June 1967.”

France

See above, under European Union, for JORF 2016, No 273, text No 81, concerning the labeling of goods from Judea, Samaria, and the Golan Heights

Germany

Parliamentary Resolution

The Resolution, approved by the Bundestag [German Parliament] on 15 May 2019, condemns BDS as anti-Semitic and urges the government not to fund or support groups or activities that question Israel’s right to exist and to defend itself, or which call for the boycott of Israel, or actively support the BDS-movement.

United Kingdom

Procurement Policy Note – 17 Feb 2016

This note sets out contracting authorities’ international obligations when letting public contracts. It makes clear that boycotts in public procurement are inappropriate, outside where formal legal sanctions, embargoes and restrictions have been put in place by the UK Government.