preface
preface
preface
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9. FOREIGN EXCHANGE CONTROL AND<br />
PREVENTION OF MONEY LAUNDERING<br />
9.1. FOREIGN EXCHANGE CONTROL<br />
In May 1998 the currency control policy was changed and, for all intents and<br />
purposes, restrictions on activities and transactions of Israelis abroad and<br />
transactions in foreign currency, both in Israel and abroad, were abolished.<br />
As part of the liberalization program, the Controller of Foreign Currency at the<br />
Bank of Israel issued a general permit whereby an Israeli resident is free to<br />
engage in foreign currency transactions and in transactions with foreign<br />
residents, which otherwise required a permit.<br />
The last restriction remaining under the Foreign Exchange Control Law until<br />
recently, forbade Israeli institutional investors from holding foreign currency<br />
and investing abroad amounts exceeding 20% of their total assets. This<br />
restriction was removed in January 2003.<br />
Under the general permit, some reporting restrictions are imposed on banks,<br />
financial brokers, and institutional investors.<br />
Since March 1999, additional reporting requirements have been imposed on<br />
individuals and the private sector. These requirements include the furnishing of<br />
information to the financial broker executing the transaction and reporting<br />
directly to the Controller of Foreign Currency, as outlined below.<br />
An Israeli resident engaging with a foreign resident using a financial broker is<br />
required to report to the financial broker on the nature of the engagement.<br />
In the event that Israeli currency is transferred to the account of a foreign<br />
resident, it is the foreign resident's responsibility to inform the financial broker<br />
regarding the residency of the other party and, if this concerns an Israeli<br />
resident, the nature of the transaction should be reported as well.<br />
A financial broker is required to report to the Controller of Foreign Currency<br />
several kinds of events, including the following ones:<br />
� An engagement between an Israeli resident and a foreign resident carried<br />
out with his involvement.<br />
� A transaction made by a foreign resident in Israeli currency in excess of a<br />
certain amount.<br />
� A holding of listed Israeli securites by a foreign residet in excess of a certain<br />
amount.<br />
BDO Israel<br />
139