In accordance with the authority vested in me as commander of the Israeli Military Forces in the region, I order the following:

• Definitions
  1. In this order:
  • "The authority"-Every person appointed by me to fulfill the requirements of this Order, who shall deal with special kinds of merchandise or special kinds of people.
  • "The Merchandise"--All possessions including agricultural products except real property.
  • "Agricultural products"--Plants (every section of the plant, including its fruits except hard fruits); animals (alive or dead); anything that comes from plants or animals or is used in any of the stages of planting.

• Permission to Bring Merchandise In or Out of a Region
  2.
  • A) Transporting merchandise into or out of the region requires a permit issued by the competent authority.
  • B) According to this Order this permit can be general, specific or personal.
  • C) A permit to enter or leave the area cannot be effective in the case of bringing merchandise into or taking it out of the region.
  • D) A permit issued according to this Order does not cancel the instructions in effect on importing or exporting merchandise set by the law.
  • E) Whoever claims that he has a permit based on this Order must prove it.

• The Requirements for Bringing Merchandise Into or Taking It Out of the Region
  3. The competent authority can include some conditions in the permit including conditions on how to treat the merchandise after it is brought into the region and the way it is transported to its destination.

• 4.
  • A) If anybody breaks any of the rules of this order or breaks any of the conditions of the permit, then the competent authority has the right to fine him with an amount that does not exceed the maximum financial penalty fixed for such a case. If such a measure is taken, no judicial measures can be taken, and if an indictment sheet is applied no fine can be collected until the judicial consultant orders the cancelling of the court measures.
  • B) The person who pays the fine, as mentioned in paragraph (A), must treat the merchandise in question in accordance with the dictates of the competent authority.

• Disobedience
  5. Whoever violates the rules in the articles of this Order or the conditions of the permit issued by the competent authority is sentenced to 5 years imprisonment.

• Amendment
  6.
  • A) In the Order Concerning the Establishment of the Civil Administration (Judea and Samaria) (No. 946) 5742-1981; in the end of the second amendment comes: "Order Concerning the Transportation of Merchandise (Judea and Samaria) (No. 1252) 5748-1988".
  • B) In the Order Concerning the Authorities of the Customs (Judea and Samaria) (No. 309) 5729-1969 in Article 1: In the definition "Merchandise and in the definition "The customs' fines which are included in the security legislation", instead of "Order Concerning Closed Areas (Prohibition of Merchandise Transport) (Judea and Samaria) (No. 49) 5727-1967" comes "Order Concerning Merchandise Transport (Judea and Samaria) (No. 1252) 5748-1988."
  • C) In the Order Concerning the Objections Committee (Judea and Samaria)(No 172) 5728-1967 in the attachment. Instead of detail 6 comes, "Assortment of the Merchandise According to the Order on Merchandise Transport (Judea and Samaria) (No. 1252) 5748-1988."

• Instructions
  7. The competent authority can issue instructions in order to fulfill the purpose of this Order, including any instructions concerning the orderly transportation of merchandise into or out of the region.

• Termination
  8. The Order Concerning the Closed Areas (Banning of Merchandise Transport) (Judea and Samaria) (No. 49) 5727-1967, and the Order Regarding the Transport of Agricultural Products (Judea and Samaria) (No. 47) 5727-1967 are hereby terminated.

• Implementation
  9. The implementation of this Order commences on the day it is signed.

• Title
  10. This Order shall bear the title: "Order Concerning Transport of Merchandise (Judea and Samaria) (No. 1252) 5748-1988."

19 September 5748 (1 September 1988)

Aluf Amram Mitzna'
Commander of the Israeli Defense Forces
Region of Judea and Samaria

Return: to the TOP of this Military Order.

SOURCE:
Drury, Richard T. and Winn, Robert C. "Plowshares and Swords: The Economics of Occupation in the West Bank". Published by Beacon Press, Boston, MA (1992).

(c) Israel Law Resource Center, February, 2007.