PDF, GB, 139 p., 796 Ko - Femise

PDF, GB, 139 p., 796 Ko - Femise PDF, GB, 139 p., 796 Ko - Femise

12.10.2013 Views

of 1998, the Ministry of Industry Trade and Labour has been working for the phasing out of many official standards aimed at preventing imports. Some 250 of 540 official standards were dropped, among them marks for the length of simple matches and a standard to determine a minimal number of ventilator speeds (Brezis, 1999). More generally, the Israeli government has been moving over time in the direction of bringing its standards into line with international ones and completely abolishing some anachronistic local standards. Currently, one quarter of the mandatory standards emulate international standards. Protectionism via the use of government procurement has plagued the Israeli economy since Independence in 1948, as the State and its agencies have played a dominating role in developing the economy in the first 40 years after independence and in defending its citizens since this very day. In other words, public expenditure is unusually high for an OECD-type economy, with the Army and the Ministry of Defence playing a central role. A clear sign of protectionist intent in that respect is that while Israel has been for years party to the plurilateral Agreement on Government Procurement (GPA), it has always invoked developing-country status, allowing it to implement offset arrangements. For instance, the decision adopted by the Committee on Government Procurement in December 2004 allows Israel to require offsets for up to 20% of a contract. Government agencies and state-owned companies are required even today to follow an offset policy, designed to promote national manufactures (Mandatory Tenders Regulation (Preference for Israeli Products and Mandatory Business Cooperation) of 1995). All international public tenders with a value of US$ 0.5 million or above must include a clause on "industrial cooperation" (IC) with Israeli entities in the amount of at least 35% (30% in tenders covered by the GPA) of the value of the contract. To satisfy the IC offset requirement, a foreign supplier can subcontract to local companies, invest in local industries, undertake a know-how transfer, or acquire goods made in Israel or from work or services performed in Israel. Foreign governments, particularly the one of the US, have been complaining for years, about the lack of transparency in Israeli practices. For instance there is the problem of the language. Officially, only for tenders under the GPA, the information must be published in an English newspaper (either the Jerusalem Post or the International Herald Tribune-Ha'aretz). Even so, the USTR has been claiming of lack of transparency and lengthy procedures, as well as arbitrary awards of contracts. For example, although some Israeli government entities make a 93

point to notify the US government on tenders valued at over US$50,000, many do not. Notifications, say US authorities, are often received shortly before deadlines and only in Hebrew. Complex technical specifications and kosher certification requirements discourage foreign participation in government tenders for food (US Department of State, 2002). For tenders not covered by the GPA, Israel's tendering regulations award price preferences to local suppliers, certain regions, and local subcontracting. The price preferences are up to 15% for Israeli companies. And it suffices to organize a closed tender for procurement of goods up to an amount of 312000 NIS (less than 60000 euros) by any government Ministry (but for the Defence Ministry where the amount is limited to half this amount). Invoking the status of developing country for applying Uruguay Round resolutions has not been limited to the domain of government procurement, but to other highly relevant issues in the case of Israel, such as TRIPS, where Israel was given until 2000 to change its law on intellectual property. In fact Israel continues to invoke this status at a time it has been invited in May 2007 to conduct negotiations for membership in the OECD. Once a member, Israel will clearly have difficulty in justifying "infant industry-infant country" status, allowing for disguised protectionism. Observe that Poland opted long ago not to play this game when it decided to apply for EU membership in the mid-1990s. 51 There are huge inter-sectorial differences in the levels of protectionism applied by Israel. Agriculture is a case in point. Since the inception of the State the agricultural sector has been defined as one of the vital parts of the economy and the first Zionist settlers at the beginning of the previous century dedicated themselves to its development, despite the fact that climatic conditions in Israel are not favourable to most crops. For the last few decades the economy’s focus has switched from agriculture to other areas of expertise, mostly high-tech; agriculture represents only 1.6 percent of the GDP, down from 2.5 percent in 2001 (HSBC, 2004). However, in absolute terms agricultural output has grown almost without interruption since 1948 and reached US$3.3 billion in 2000. The irony is that Israel’s agricultural sector supplies until this very day most of the country’s food needs and 51 Poland had a chance to apply (within its Europe Agreement) a Restructuring Clause (art. 28 of EA) which could have been applied only by Polish side in the form of temporary increased import duties. "These measures may only concern infant industries, or certain sectors undergoing restructuring or facing serious difficulties, particularly where these difficulties produce important social problems." This clause was invoked three times before the accession to the EU. 94

point to notify the US government on tenders valued at over US$50,000, many do not.<br />

Notifications, say US authorities, are often received shortly before deadlines and only in<br />

Hebrew. Complex technical specifications and kosher certification requirements discourage<br />

foreign participation in government tenders for food (US Department of State, 2002). For<br />

tenders not covered by the GPA, Israel's tendering regulations award price preferences to<br />

local suppliers, certain regions, and local subcontracting. The price preferences are up to<br />

15% for Israeli companies. And it suffices to organize a closed tender for procurement of<br />

goods up to an amount of 312000 NIS (less than 60000 euros) by any government Ministry<br />

(but for the Defence Ministry where the amount is limited to half this amount).<br />

Invoking the status of developing country for applying Uruguay Round resolutions has not<br />

been limited to the domain of government procurement, but to other highly relevant issues in<br />

the case of Israel, such as TRIPS, where Israel was given until 2000 to change its law on<br />

intellectual property. In fact Israel continues to invoke this status at a time it has been invited<br />

in May 2007 to conduct negotiations for membership in the OECD. Once a member, Israel<br />

will clearly have difficulty in justifying "infant industry-infant country" status, allowing for<br />

disguised protectionism. Observe that Poland opted long ago not to play this game when it<br />

decided to apply for EU membership in the mid-1990s. 51<br />

There are huge inter-sectorial differences in the levels of protectionism applied by Israel.<br />

Agriculture is a case in point. Since the inception of the State the agricultural sector has been<br />

defined as one of the vital parts of the economy and the first Zionist settlers at the beginning<br />

of the previous century dedicated themselves to its development, despite the fact that climatic<br />

conditions in Israel are not favourable to most crops.<br />

For the last few decades the economy’s focus has switched from agriculture to other areas of<br />

expertise, mostly high-tech; agriculture represents only 1.6 percent of the GDP, down from<br />

2.5 percent in 2001 (HSBC, 2004). However, in absolute terms agricultural output has grown<br />

almost without interruption since 1948 and reached US$3.3 billion in 2000. The irony is that<br />

Israel’s agricultural sector supplies until this very day most of the country’s food needs and<br />

51<br />

Poland had a chance to apply (within its Europe Agreement) a Restructuring Clause (art. 28 of EA) which<br />

could have been applied only by Polish side in the form of temporary increased import duties. "These measures<br />

may only concern infant industries, or certain sectors undergoing restructuring or facing serious difficulties,<br />

particularly where these difficulties produce important social problems." This clause was invoked three times<br />

before the accession to the EU.<br />

94

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