In accordance with the authority vested in me as commander of the Israeli military in the region and because l think that this Order is necessary for the benefit and comfort of the residents I hereby order the following:

• Definitions
  
  • "Agricultural products"--Fruits and vegetables, according to what is mentioned in the attachment of the Order Concerning the Supervision of Fruit Trees and Vegetables (Judea and Samaria) (No. 1015) for the year 5742-1982/1.
  • "Objections committee'--The objections committee established in the Order Concerning Objections Committees (Judea and Samaria) (No. 172) for the year 5728-1967/2.
  • "The person who carries out the marketing"--A person or a cooperative organization which works on marketing the agricultural products and which is given a permit to take the agricultural products out of the region.
  • "Authority in charge"--Whoever is appointed by the head of the Civil Administration; an authority in charge of the objectives of this Order.
  • "Marketing"--Wholesale of agricultural products, legally transferring ownership of them, or conveying them.

• The Funding of Agricultural Products
  2.
  • A) A fund for the agricultural products is established (Following is the fund). Its purpose is to compensate for any excessive agricultural product, and to compensate for the usage of agricultural products in industry, and to fund the expenses used to organize the marketing of agricultural products and several other aims specified in any order.
  • B) The fund will be financed by the Civil Administration and taxes implemented according to this Order and the rules which come from it.
  • C) The head of the Civil Administration will issue a system through which this fund shall be created and operated; he will determine the level of its funding and its aims. He will also issue directions on how the money of the fund should be used in the region.

• Taxation
  3. By issuing the appropriate rules the specialized authority can:
  • 1) Place taxes upon people engaged in marketing, which can be general or specific to the kinds of agricultural products concerned, taking into consideration the region of production, the season of the product's marketing, its type, weight, and the way in which it is packed.
  • 2) Set the dates for and the ways of paying the taxes.
  • 3) Determine the duties required of those engaged in marketing, which are keeping files and filing reports on the forms specified by the competent authority.
  • 4) If any damage is caused to anybody because of any of the decisions and rules of this Order, he can complain to the appeals committee within 15 days from the day he is informed of the decision or the rule which has caused him the damage.

• Punishment
  Whoever violates any of the rules of this Order, including any decisions issued in accordance with it, shall be punished by either one year of imprisonment or by a fine according to what is mentioned in article 1 (A) (2) of the Order Concerning the Fines Fixed in the Security Rule (Judea and Samaria) (No. 845) for the Year 5740-1980/3, or by both together. According to what is mentioned in article 1 (A) (3) of the same Order, the maximum fine can be four times the value of the thing in question. In addition to the above punishments, the court can confiscate the agricultural product in question and the containers in which it is packed, or when sold, it can confiscate its monetary equivalent, which amount is transferred to the agricultural product fund. The confiscations can either be full or partial.

• Supervisors
  6.
  • A) The authority in charge can appoint supervisors to make sure that this Order its rules and conditions, are followed. These supervisors have the same authority granted to any soldier according to article 80(A) of the Order Concerning Security Instructions (Judea and Samaria) (No. 378) for the year 5730-1970/4.
  • B) Every payment for marketing agricultural products is used according to what the authority in charge decides.

• Progression
  7. All payments taken for marketing agricultural products before the implementation of this Order are considered as if they were taken after its implementation.

• Preservation of Legislation
  8. This Order cannot decrease the effectiveness of the rules of any legislation or security legislation.

• Amendment of the Order Concerning The Establishment of the Civil Administration
  9. In the end of the second appendix of the Order Concerning the Establishment of the Civil Administration (Judea and Samaria) (No. 947) for the Year 5742-1981/5 comes: Order Concerning the Marketing of Agricultural Products, (Judea and Samaria) (No. 1051) for the Year 5743-1983.

• Implementation
  10. The implementation of this Order commences from the day it is signed.

• Title
  11. This Order shall bear the title: "Order Concerning the Marketing of Agricultural Products (Judea and Samaria) (No. 1051) for the year 5743-1983".

14 April 5743 (28 March 1983)

Aluf Uri Or
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.