Gisha files High Court petition on behalf of Gaza industrialist whom Israel banned from bringing in goods, despite holding permits for “dual-use” equipment
May 6, 2017
On May 3, 2017, Gisha filed a High Court petition on behalf of M.S., an established businessman from Gaza, whom Israel has banned from bringing goods into Gaza, even though he holds permits for entry of “dual-use” items.
M.S. is a well-known, experienced industrialist and trader from the Gaza Strip. He owns a factory that manufactures and distributes paints and lacquers for furniture, cars etc. For years, he has bought supplies from foreign and Israeli companies and brought them into Gaza through Kerem Shalom Crossing, after obtaining the necessary permits and coordinating as required. He also holds a merchant permit, which has been renewed periodically, allowing him to travel from Gaza in order to meet with clients in Israel and the West Bank.
Over the last year, the Israeli authorities stopped renewing M.S.’s permits, without an explanation as to why. In April 2016, officials from the Coordinator of Government Activities in the Territories (COGAT) refused to renew M.S.’s merchant permit. He has since been unable to travel from Gaza to Israel and the West Bank. Later, officials from COGAT and the Land Crossings Authority of the Ministry of Defense denied the entrance of four shipments of goods that M.S. had ordered, despite the fact that all four had received the necessary “dual-use” permits. These permits had been given by another COGAT official: the Civil Administration’s Environmental Protection Officer.
The state’s contradictory actions in this case – approving “dual-use” permits for equipment, yet refusing to allow it into Gaza upon arrival – have caused M.S. grievous financial damage. At present, six containers of goods that M.S. has paid for, but cannot bring into Gaza, are currently being stored in Israel. In the significant time that has passed, some of the paint materials being stored in the containers may have expired, which would cause further financial damage to M.S..
On behalf of M.S., Gisha contacted COGAT and asked for explanations on the conduct of the authorities in this matter, and on the full block that seems to have been placed on him, severely hindering his ability to transport goods, and therefore to make a living. COGAT did not answer. Hence, a High Court petition (Hebrew) was filed on May 3, 2017 against COGAT, the Gaza Coordination and Liaison Administration, the Defense Ministry’s Land Crossings Authority, and the director of Kerem Shalom Crossing. Given the considerable damage sustained by M.S. and the concerns that some of the goods in storage are at risk of expiring, the court was asked to schedule a hearing urgently. The court ordered the state to respond within 21 days.
Update: After the 21-day deadline had passed, the state asked for a two-week extension. Despite Gisha’s objection, the court accepted the state’s request, noting it would be the last extension granted.
