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UNCLAS SECTION 01 OF 06 TEL AVIV 006971 
 
SIPDIS 
 
DEPT FOR INL AND NEA/IPA 
JUSTICE FOR OIA AND AFMLS 
TREASURY FOR FINCEN 
 
E.O. 12958: N/A 
TAGS: SNAR KSEP KTFN IS ISRAELI SOCIETY COUNTERTERRORISM
SUBJECT: 2005-2006 INTERNATIONAL NARCOTICS CONTROL STRATEGY 
 REPORT (INCSR) PART II, MONEY LAUNDERING AND FINANCIAL 
CRIMES 
 
REF: 210346 
 
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General Questions 
----------------- 
 
¶1. Israel is not a regional financial center like Hong Kong 
or Switzerland due to a lack of financial activity with its 
neighboring countries.  Israel's financial activity is mainly 
conducted with the financial markets of the U.S. and Europe, 
and to a lesser extent with Asia.  Less than a quarter of all 
Israeli money laundering or terrorist financing seizures are 
related to narcotics proceeds.  The majority of the seizures 
are related to fraud, theft, embezzlement, and 
currency-services providers' legislative offenses.  In 2005, 
the most significant criminal activities that were 
investigated were related to intentionally false reporting to 
authorities on property transactions. 
 
¶2. The Israeli National Police (INP) has no indication of an 
increase in financial crime relative to previous years.  The 
most significant black market for smuggled goods in Israel is 
the black market for cigarettes but there is no specific 
information that it is significantly funded by narcotics 
proceeds. 
 
¶3. It is assumed that money laundering occurs in all types of 
financial institutions, especially currency-services 
providers.  Offshore centers are more frequently associated 
with upper echelon transnational criminals, the use of banks 
are usual in both domestic and international cases, and the 
use of non-bank financial systems are more regularly 
identified in domestic-oriented cases.  In the past year, the 
courts in Israel have convicted several currency-services 
providers for violating the obligation to register with the 
Registrar of Currency Services.  In addition, several 
criminal investigations have been conducted against other 
currency-services providers, some of which have resulted with 
money laundering indictments, which are still pending.  Also, 
several currency-services providers have been sanctioned by 
the Sanctions Committee for non-compliance with anti-money 
laundering regulations.  The government and its senior 
officials do not encourage, facilitate, or engage in money 
laundering.  The INP has no specific knowledge of a 
significant U.S. connection to Israel-related drug 
trafficking proceeds. 
 
--------------------------------------------- ------------- 
Law and Regulations to Prevent Money Laundering/Terrorist 
Financing 
--------------------------------------------- ------------- 
 
¶4. Money laundering is a criminal offense in Israel.  The 
Prohibition on Money Laundering Law (PMLL) 5760-2000 
proscribes money laundering as a criminal offense, punishable 
by up to ten years in prison and heavy fines.  The PMLL is 
very broad and does not only apply to drug-related money 
laundering.  It covers other offenses such as illegal arms 
trading, smuggling, gambling, bribery, murder, forgery, and 
theft. 
 
------------------------------- 
Laundering and Financial Crime 
------------------------------- 
 
¶5. Banks and other financial institutions are required to 
know and record the identity of customers engaging in 
significant transactions, including the recording of large 
currency transactions, as well as certain non-cash 
transactions.  In addition, banks and other financial 
institutions are required to report to the Israel Money 
Laundering and Terror Financing Prohibition Authority (IMPA) 
-- Israel's Financial Intelligence Unit (FIU) -- the identity 
of customers engaging in certain large currency transactions 
at thresholds and in activities perceived by the financial 
institution as unusual.  The IMPA does not have criminal 
investigative or regulatory responsibilities.  Comprehensive 
legislation and regulations have been put in place to ensure 
that banks and other financial institutions are required to 
maintain for an adequate amount of time records necessary to 
reconstruct significant transactions through financial 
institutions in order to be able to respond quickly to 
information requests from appropriate government authorities 
in narcotic-related and other money laundering or terrorist 
financing cases.  Note: The Banking Corporations' Anti-Money 
Laundering Order indicates that a banking corporation shall 
keep the documents attesting to the instruction to the 
banking corporation to carry out a transaction that was 
reported to the IMPA for a period of at least seven years 
from the date the instruction was given. End Note. 
¶6. The PMLL requires financial institutions to report 
"unusual transactions" to IMPA as soon as possible under the 
circumstances -- unusual transactions is loosely defined and 
is used so that the IMPA will receive reports even when the 
financial institution is unable to link the unusual 
transaction with money laundering.  In addition to banking 
corporations, money laundering controls apply to the 
following: members of the stock exchange, portfolio managers, 
insurers or insurance agents, provident funds and companies 
managing a provident fund, providers of currency services and 
the postal bank.  These institutions are required to report 
all domestic and international currency transactions above a 
fixed amount to the IMPA.  The threshold amount to be 
reported varies according to the specific type of transaction 
made, but in general it is an amount equal to at least 50,000 
New Israeli Shekels (NIS), approximately 10,000 dollars, or 
more.  At this time, the PMLL does not apply to lawyers and 
accountants.  Casinos are illegal in Israel.  Bankers and 
others are protected by law with respect to their cooperation 
with law enforcement entities.  Israel does not have 
legislation that prevents disclosure of client and ownership 
information by domestic and offshore financial services 
companies to bank supervisors and law enforcement 
authorities.  There have been no negative ramifications or 
objections by financial or political groups to the 
introduction of regulations and laws related to money 
laundering and terrorist financing. 
 
¶7. The PMLL requires the declaration of all transfers of 
currency (including cash, travelers' checks and cashier 
checks) into or out of Israel for sums above 80,000 NIS, 
approximately 17,200 dollars.  This applies to any person 
entering or leaving Israel and to any person bringing monies 
into or taking monies out of Israel by mail or by any other 
method, including cash couriers.  Violation of the obligation 
to declare is an offense punishable by up to 6 months 
imprisonment or a fine of 202,000 NIS, approximately 43,400 
dollars, or ten times the amount which was not declared, 
whichever is higher.  Alternatively, administrative financial 
sanctions of 101,000 NIS, approximately 21,700 dollars, or 
five times the amount which was not declared, may be imposed. 
 
¶8. In 2005, 6,005 suspicious transaction reports were 
received by the IMPA.  During this period the IMPA 
disseminated several hundred intelligence reports to law 
enforcement agencies in response to requests.  During 2005, 
twelve different investigation cases yielded indictments 
(some of which yielded multiple indictments) and 
approximately 75 million dollars were seized by the 
authorities.  In another case, the prosecution has indicted a 
number of bank officials for money laundering offenses for 
violation of the obligation to report unusual transactions 
and for advising their customers on ways of avoiding 
reporting to IMPA.  There are also indictments against a 
number of providers of currency services for similar offenses. 
 
¶9. The legislative regime criminalizing the financing of 
terrorism includes provisions of the Defense Regulations 
(State of Emergency) (1945), the Prevention of Terrorism 
Ordinance (1948) and the Penal Law (1977), and the PMLL.  On 
December 29, 2004, the Israeli Parliament (the Knesset) 
adopted the Prohibition on Terrorist Financing Law 5765-2004 
which is geared to further modernize and enhance Israel's 
ability to combat terrorist financing and to cooperate with 
other countries on such matters.  This law went into effect 
in August 2005. 
 
¶10. Israel has broad and comprehensive legislation allowing 
for identifying, freezing, seizing, and forfeiting terrorist 
finance-related assets. This includes: 
 
--Legislation generally providing for the seizure of items 
which were used, or which were about to be used, in the 
commission of an offense, or given as payment for its 
commission. 
--Legislation specifically providing for the confiscation of 
terrorist finance-related property: The Prevention of 
Terrorism Ordinance (1948) and the Defense Regulations (State 
of Emergency) (1945) contain specific provisions for 
identifying, freezing, seizing, and forfeiting terrorist 
finance-related assets.  The Prohibition on Terrorist 
Financing Law provides additional tools for such actions. 
This law also includes specific references to acts of 
terrorism that have no connection to Israel and further 
enhances Israel's ability to provide assistance to other 
countries in combating the financing of terrorism.  Together, 
these laws create a comprehensive and tight legal regime 
providing for a range of legal and administrative measures 
that target terrorist finance-related assets. 
--The Israeli PMLL provides for the freezing, seizure and 
confiscation of funds, both in criminal and civil 
proceedings, in any case of money laundering which can 
include terrorist finance related property.  Terrorist 
financing offenses are defined as predicate offenses under 
the law. 
 
¶11. Israel has implemented its obligations regarding the 
Taliban regime.  The Taliban regime was never recognized by 
Israel as the legitimate government of Afghanistan.  Due to 
the declarations of Taliban leaders on the regime's attitude 
towards Israel and their support of Al Qaida/Bin Laden, the 
Taliban has been considered an "enemy" under the Trade with 
the Enemy Ordinance, 1939.  The Ordinance imposes mandatory 
freezing of enemy assets and prohibits transactions with the 
enemy.  No assets connected to the Taliban have been found in 
Israel.  No assets related to Usama bin Laden or the Al-Qaida 
organization, and individuals or entities associated with 
them, have been detected in Israel. 
 
¶12. The PMLL mandates the registration of providers of 
currency services through the Providers of Currency Services 
Registrar at the Ministry of Finance.  According to the Law, 
the right to provide currency services is conditioned on the 
following: 
--The applicant is either an Israeli citizen or a resident of 
Israel and is at least 18 years old; If the applicant is a 
corporation incorporated in Israel, at least one office 
holder of the corporation is an adult and an Israeli citizen 
or resident of Israel; if the applicant is a corporation not 
incorporated in Israel, it must be incorporated in a state 
where there is legislation prohibiting money laundering and 
the corporation must be legally registered in Israel. 
--The applicant has not been convicted -- either in Israel or 
in another country -- of a money laundering offense or of an 
offense which, in the Registrar's opinion, due to its nature, 
severity or circumstances, renders him unsuitable for serving 
as a provider of currency services; where the applicant is a 
corporation, an office holder of the corporation has not been 
convicted of such an offense.  A person who engaged in the 
provision of currency services without being registered is 
liable to one year of imprisonment or a fine of approximately 
600,000 NIS, approximately 129,000 dollars. 
 
¶13. The PMLL sets the following obligations on providers of 
currency services: 
--The obligation to identify recipients of services 
(recording and authentication of identity particulars). 
--The obligation to retain identity documentation and 
documents attesting to the instruction to carry out 
transactions that were reported to the IMPA, for a period of 
at least seven years. 
--The obligation to report to IMPA certain transactions 
specified by size and type. 
--The obligation to report to IMPA transactions perceived by 
the provider of currency services as unusual. 
 
¶14. In addition to these legislative and regulatory steps, 
the INP set the closure of unregistered financial services 
providers as an operational objective for 2005, and has 
raided several such locations.  The INP and the Registrar for 
Providers of Currency Services maintain a high level of 
coordination, routinely exchange information and have 
conducted multiple joint enforcement actions. 
 
¶15. Israel's effort to combat terrorist financing focus, 
inter alia, on the misuse charitable and non-profit entities 
as conduits for the financing of terrorism.  Israel is one of 
the leading countries in this area.  The State of Israel acts 
to thwart such misuse as part of its daily war against the 
terrorism endangering the lives of its citizens and as part 
of the global war against terrorism.  Israel collaborates 
with European and other countries in order to identify and 
close charity foundations engaging in terrorist financing 
that are established in their territories, and continuously 
takes independent action by shutting down and confiscating 
property of charity foundations declared illegal.  Israel is 
a party to the International Convention for the Suppression 
of the Financing of Terrorism.  Israel signed the convention 
on July 11, 2000, and ratified it on February 10, 2003. 
--------------------------- 
Offshore Financial Centers 
--------------------------- 
 
¶16. Israel is not considered an offshore financial center. 
There is no legal infrastructure for offshore activity in 
Israel. 
 
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Free Trade Zones 
----------------- 
 
¶17. There are no free trade zones in Israel. 
 
-------------------------- 
International Cooperation 
-------------------------- 
 
¶18. Israel has laws that ensure the availability of adequate 
records in connection with narcotics-related, terrorism, 
terrorist financing or other investigations and proceedings 
to appropriate USG personnel and to those of other 
governments.  Israel grants legal assistance pursuant to the 
International Legal Assistance Law, 5758-1998.  The Law 
allows the provision of legal assistance in both civil and 
criminal matters, irrespective of whether Israel has a 
specific mutual legal assistance agreement with the 
requesting state and does not require double criminality.  In 
addition to requests for legal assistance, the PMLL 
specifically permits IMPA to transmit information from its 
database to foreign authorities of its kind. 
 
¶19. Israel is a party to the United Nations Conventions 
Against Illicit Traffic in Narcotic Drugs and Psychotropic 
Substances.  Israel signed the Convention on December 20, 
1988, and ratified it on January 3, 2002.  The Convention 
entered into force for Israel on June 18, 2002.  Israel is a 
party to the International Convention for the Suppression of 
the Financing of Terrorism.  Israel signed the Convention on 
July 11, 2000, and ratified it on February 10, 2003.  Israel 
was among the first countries that raised, in the 
international arena, the need to tackle the problem of the 
financing of terrorism.  Israel lent its support to this 
Convention during all the stages of its deliberation.  Israel 
signed the International Convention Against Transnational 
Organized Crime on December 13, 2000, and hopes to very 
shortly complete the process of its ratification.  In June 
2003, the Knesset adopted the Combating Criminal 
Organizations Law, which includes comprehensive measures with 
regard to organized crime.  On November 29, 2005 Israel 
signed the United Nations Convention Against Corruption. 
 
¶20. According to Israeli law, legal assistance in criminal 
matters may be granted even if there is not a bilateral 
agreement between Israel and the other country.  Israel fully 
recognizes, however, that such treaties facilitate working 
relationships that allow such assistance to be granted in an 
effective, efficient and expeditious manner.  Israel has 
entered into a wide number of treaty arrangements to enable 
it to render mutual legal assistance in an effective manner 
in criminal cases, such as the Convention on Mutual Legal 
Assistance in Criminal Matters with the U.S., and the Council 
of Europe Treaty on Mutual Legal Assistance in Criminal 
Matters.  Israel is in the final stages of domestic approval 
for Israel's accession to the Second Additional Protocol to 
the Council of Europe Convention.  Furthermore, Israel is a 
member of international conventions that provide specific 
provisions for providing legal assistance in matters 
regarding serious crimes including the financial aspects of 
those crimes.  These include the 1988 Vienna Convention on 
the Illicit Traffic in Narcotic Drugs and the 1999 
International Convention on the Suppression of Terrorist 
Financing.  Israel also hopes to very shortly complete the 
process of ratifying the 2000 Palermo Convention on 
Transnational Organized Crime that it signed on December 13, 
¶2000.  Israel has bilateral agreements on mutual assistance 
in customs matters with the United States, the EC, Mexico, 
Italy, the Netherlands, Poland, the Czech Republic, Cyprus, 
Latvia, Slovenia, Turkey, Uzbekistan, Ukraine, Kazakhstan, 
Russia, China, India, Korea, and Moldova.  The Israel 
Securities Authority (ISA) maintains ongoing, formal and 
informal, relationships with investigative bodies in other 
countries.  The ISA signed a Memorandum of Understanding 
(MOU) with the U.S. Securities and Exchange Commission on 
February 13, 1996.  In 2005, the ISA signed bilateral MOUs 
with the securities authorities of the Netherlands, Greece, 
Republic of South Africa, Cyprus, Australia, and New Zealand. 
 The INP regularly exchanges intelligence with other law 
enforcement agencies around the world regarding individuals 
and/or institutions involved in money laundering.  Such 
exchanges are done either directly or via INP liaison 
officers abroad.  Israel is also a member of INTERPOL, and 
exchanges information with other law enforcement authorities 
through the INTERPOL unit in the INP.  In addition, in 2005, 
the IMPA signed MOUs with South Africa, Luxemburg, Panama, 
Peru, Canada, and Russia.  Furthermore, negotiations were 
held on MOUs with Ukraine, Argentina, Aruba, Guatemala, San 
Marino, Paraguay, and the Czech Republic. 
 
¶21. Israel has entered into a wide number of treaty 
arrangements to enable it to render mutual legal assistance 
in an effective manner in criminal cases.  These treaties 
include bilateral treaties such as its Convention on Mutual 
Legal Assistance in Criminal Matters with the USG.  Israel 
also has a bilateral agreement on mutual assistance in 
customs matters with the USG.  The INP routinely exchange 
information regarding narcotics and other criminal 
investigations with the FBI, DEA, and U.S. Customs through 
their regional liaison offices, as well as through the INP 
Liaison Office in Washington, D.C.  The exchange of 
information for intelligence purposes is free-flowing and 
executed in real-time.  During 2005, Israel provided legal 
assistance to the United States in the federal prosecution in 
the United States of Pavel Lazarenko, the former Prime 
Minister of the Ukraine, on charges of money laundering 
related to widespread corruption committed by him and his 
associates in the Ukraine.  Lazarenko was convicted and 
sentenced in federal court in San Francisco of money 
laundering offenses.  Also, Israel provided extensive legal 
assistance to U.S. officials in the federal prosecution of 
Sami Al-Arian on several charges of terrorism-conspiracy. 
Other examples include the close legal assistance provided by 
Israel in the prosecution in the U.S. of Muhammad Salah on 
charges of terrorist financing; in the prosecution of Jessy 
Maali on charges of terrorist financing and money laundering; 
and in the prosecution of Gabi Ben-Haroush on charges of 
money laundering.  The U.S. and Israel recently successfully 
negotiated extensive amendments to Israel's Extradition 
Treaty with the USG.  An agreement regarding such amendments 
was initialed by representatives of the United States and 
Israel and the process of achieving necessary government 
approvals of the amendments in the United States and Israel 
are underway.  The amended treaty dispenses with the list of 
specific extraditable offenses of the original treaty and 
permits extradition with respect to any offense punishable by 
a penalty of at least one year imprisonment.  The practical 
import of this is that Israel will now be able to extradite 
to the United States for money laundering and other crimes 
that did not exist on the statute books when the original 
treaty went into effect in 1963.  This is expected to have a 
major deterrent effect on money laundering and to permit the 
apprehension of money launderers and their successful 
prosecution.  There have been no instances of refusals to 
cooperate with foreign governments. 
 
----------------------------------------- 
Asset Forfeiture and Seizure Legislation 
----------------------------------------- 
 
¶22. Israel has established systems for identifying, tracing, 
freezing, seizing and forfeiting narcotics-related assets as 
well as assets derived from or intended for other serious 
crimes including the funding of terrorism.  Identification 
and tracing of such assets is part of the ongoing function of 
the Israeli intelligence authorities and IMPA, who are 
equipped with the necessary powers to accomplish their 
mission.  The International Legal Assistance Law allows the 
Minister of Justice, after consultation with the Minister of 
Finance, to order that the property forfeited at the request 
of another country, or part of it, or its equivalent, be 
transferred to that country. 
 
¶23. According to the Ministry of Justice, Israel constantly 
reviews its laws and regulations to ensure that they 
effectively and appropriately deal with money laundering and 
terrorist financing.  Modifications, updates, and amendments 
are being considered and, when required, adopted.  In 2003, 
the Knesset adopted the Combating Criminal Organizations Law. 
 In 2004, it adopted the Prohibition on Terrorist Financing 
Law. 
 
¶24. Israeli law allows for seizure and forfeiture of a wide 
range of assets including instruments of crime, immovable and 
movable property, bank accounts, monies, and rights. 
Legitimate businesses can be seized if used to launder drug 
money or other criminal proceeds.  Israeli law establishes an 
asset forfeiture fund into which forfeited property with 
respect to narcotic related offenses and money laundering 
offenses is deposited.  This fund is administered by the 
Administrator General and is used to carry out the functions 
of the Drug Control Authority and the IMPA among other 
things.  Property forfeited with respect to terrorist 
financing offenses is transferred to the Ministry of Finance. 
 The law allows for both civil and criminal forfeiture.  The 
government enforces existing drug-related asset seizure and 
forfeiture laws. 
 
¶25. The INP is the main body responsible for tracing and 
seizing assets.  In addition, the PMLL grants limited seizure 
powers to the Department of Customs and VAT.  Forfeiture 
orders and interim orders (freezing) are issued by the 
courts.  There is no time limit ascribed to the action of 
seizure or interim forfeiture if such an order is granted 
after the filing of an indictment.  If the seizure or interim 
forfeiture occurs prior to an indictment being filed, the 
assets must be released after a certain period of time unless 
an indictment is filed during the period. 
 
¶26. The INP, the Administrator General, and, where 
appropriate, the Department of Customs and VAT, have adequate 
powers and resources to trace and seize assets, and are 
increasing their resources to adapt to the changing times. 
Each police unit holds a forfeiture officer who is in charge 
of facilitating the tracing and seizing of assets.  In 
addition, the police have two to five full-time anti-money 
laundering enforcement officers in each of the five 
districts, "Central Intelligence Unit" responsible for 
dealing with most of the serious predicate offenses at the 
district level, and criminal organizations, as well as 
anti-money laundering officers in the three national crime 
units responsible for transnational organized crime and 
serious white collar offenses.  Israel can freeze assets 
without undue delay. 
 
¶27. In 2005, the INP seized approximately 75 million dollars 
in suspected criminal assets.  Total seizures for each of the 
past three years were more or less the same, 23 to 27 million 
dollars per year. 
 
¶28. Israel encourages and fully cooperates with efforts by 
the U.S. or other countries to trace or seize assets.  The 
INP, as well as other relevant government agencies, 
appreciate and make use of tips from other country 
enforcement officials regarding the flow of drug-derived 
assets.  Moreover, the police have on their own account 
approached the FBI and U.S. Customs Department requesting 
transfer of information they may hold regarding money 
laundering and drug trafficking proceeds.  Israel is 
constantly engaged in efforts to improve enhancement of 
mutual legal assistance.  There has been no noted public 
response to government efforts to seize and/or forfeit 
assets.  The banking community cooperates with enforcement 
efforts to trace funds and seize bank accounts. 
 
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