INTERNATIONAL LEGAL
`
`COOPERATION
`
`FULL TEXT CONSOLIDATED AND UPDATED TRANSLATIONS
`
`of the
`
`FOREIGN JUDGMENTS ENFORCEMENT LAW 5718-1958
`
`and the
`
`INTERNATIONAL LEGAL ASSISTANCE LAW 5758-1998
`
`ARYEH GREEENFIELD - A. G. PUBLICATIONS
`March 1999
`
`Microsoft V. Bradium, IPR2016-01897
`
`Microsoft, Ex. 1041
`
`Microsoft, Ex. 1041
`Microsoft v. Bradium, IPR2016-01897
`
`

`

`INTERNATIONAL LEGAL COOPERATION
`
`2
`
`INTRODUCTION
`
`Israel Laws on
`text English translations of
`full
`We here present
`cooperation between the judiciary and law enforcement authorities of
`this and other countries. This includes two measures:
`the FOREIGN
`JUDGMENTS ENFORCEMENT
`LAW 5718-1958 and the recently
`enacted INTERNATIONAL LEGAL ASSISTANCE LAW 5758-1998. The
`latter measure only went into effect from February 8, 1999, completely
`replacing
`the
`earlier Legal Assistance
`to Foreign States Law
`(Consolidated Version) 5737-1977.
`
`As a rule, our translations take their departure from English versions of
`Israel Laws, which appeared in Laws of the State of Israel, a series of
`annual compendia issued by the Ministry of Justice, covering primary
`legislation in the chronological order of its passage by the Knesset.
`However, since that series is not up-to-date, most of the material
`in
`these pages was translated from the Hebrew original by Aryeh
`Greenfield, who also edited this publication.
`
`Although we exert considerable efforts to ascertain the correctness,
`completeness and relevance of our publications,
`the translator,
`editor, publisher and distributors have made no warranty and can
`assume no responsibility whatsoever on that account.
`
`legal
`Israel
`Readers are also cautioned that no translation of
`measures has any standing under Israel legal practice; the Courts
`and other authorities will concern themselves only with the original
`and official Hebrew text. For this and other reasons readers are
`advised to consult qualified professional counsel before making
`any decision in connection with the Laws, which are here presented
`in translation for their general information only.
`
`Aryeh Greenfield - A. G. Publications
`
`Acw-39’7;
`
`Copyright 1998 by
`Aryeh Greenfield - A. G. Publications
`PO. Box 7422, 31-070 Haifa, Israel
`Tel. 972—4—825-5104, Fax 972—4—826-1 182
`
`Microsoft v. Bradium, IPR2016-01897
`
`Microsoft, Ex. 1041
`
`Microsoft, Ex. 1041
`Microsoft v. Bradium, IPR2016-01897
`
`

`

`INTERNATIONAL LEGAL COOPERATION
`
`3
`
`CONTENTS
`
`Introduction
`
`page 2
`
`FOREIGN JUDGMENTS ENFORCEMENT LAW 5718-1958
`
`INTERNATIONAL LEGAL ASSISTANCE LAW 5758-1998
`
`Chapter One:
`
`Definitions
`
`Chapter Two:
`
`General provisions
`
`Chapter Three:
`Article One:
`Article Two:
`Article Three:
`
`Article Four:
`Article Five:
`Article Six:
`
`Categories of acts of legal assistance
`Service of documents
`Taking evidence
`Transferring a person to another state to
`Testify or to assist in an investigation
`Investigative acts
`Transmittal of information
`Confiscation of property
`
`Chapter Four:
`
`Requests for legal assistance on behalf of
`the State of Israel
`
`Chapter Five:
`
`Miscellaneous
`
`Schedule One
`
`Schedule Two
`
`References
`
`4
`
`8
`
`8
`
`10
`
`15
`15
`16
`
`18
`22
`24
`24
`
`29
`
`31
`
`33
`
`33
`
`34
`
`Microsoft V. Bradium, IPR2016-01897
`
`Microsoft, Ex. 1041
`
`Microsoft, Ex. 1041
`Microsoft v. Bradium, IPR2016-01897
`
`

`

`INTERNATIONAL LEGAL COOPERATION
`
`4
`
`FOREIGN JUDGMENTS ENFORCEMENT
`
`LAW 5718-1958
`
`Definition
`
`1.
`
`In this Law-
`
`"foreign judgment" - a judgment in a civil matter given by a Court in
`a foreign state,
`including a judgment
`for
`the payment of
`compensation or damages to an injured party, even if that was not
`given in a civil matter.
`
`No enforcement, save under this law
`2.
`A foreign judgment shall be enforced in Israel only under this Law.
`
`Conditions of enforcement
`
`3.
`
`is an
`in Israel may declare that a foreign judgment
`A Court
`enforceable judgment,
`if it finds that it complies with the following
`conditions:
`
`(1)
`
`(2)
`(3)
`
`(4)
`
`the judgment was given in a state, according to the Laws of
`which its Courts were competent to give it;
`the judgment is no longer subject to appeal;
`is enforceable
`the obligation imposed by the judgment
`according to Laws on the enforcement of judgments in Israel,
`and the content of the judgment is not contrary to public policy;
`the judgment is capable of being executed in the state in which
`it was given.
`
`Reciprocity of enforcement
`4.
`(a) A foreign judgment shall not be declared enforceable if it was
`given in a state, under the laws of which judgments by Israel
`Courts are not enforceable.
`
`(b) The Court may, on application by the Attorney General, enforce
`a foreign judgment even where there is no reciprocity, as said
`in subsection (a).
`
`Period of enforcement
`
`5.
`
`The Court shall not entertain an application for the enforcement of a
`foreign judgment, if that application is submitted more than five years
`after the day on which the judgment was given, unless a different
`
`Microsoft V. Bradium, IPR2016-01897
`
`Microsoft, Ex. 1041
`
`Microsoft, Ex. 1041
`Microsoft v. Bradium, IPR2016-01897
`
`

`

`INTERNATIONAL LEGAL COOPERATION
`
`5
`
`period was agreed upon between Israel and the state in which the
`judgment was given, or unless the Court finds that there are special
`reasons to justify the delay.
`
`(3)
`
`(4)
`
`Protection against enforcement
`6.
`(a) A foreign judgment shall not be declared enforceable, if one of
`the following is proved to the Court:
`(1)
`the judgment was obtained by fraud;
`to present his
`(2)
`the opportunity given the defendant
`arguments and to produce his evidence before the
`judgment was given was not,
`in the Court’s opinion,
`reasonable;
`the judgment was given by a Court not competent to give
`it according to the rules of private international law that
`apply in lsrael;
`the judgment is in conflict with another still valid judgment
`given in the same matter between the same parties;
`(5) when the action was brought in a Court in the foreign
`country, a suit on the same matter was pending between
`the same parties before a Court or tribunal in Israel.
`For the purposes of subsection (a)(3), a person shall not be
`deemed to have acknowledged the competence of the Court
`which made the judgment against him (hereinafter: person
`found guilty) only because he appeared before that Court,
`whether conditionally or unconditionally, and argued one or
`more of the following:
`(1)
`that the Court is not competent, or he protested against
`
`(b)
`
`it;
`
`(c)
`
`(3)
`
`(2)
`
`in order to
`that the proceedings be quashed or stayed,
`bring the dispute before arbitration or before a Court in
`another country for its decision;
`that his assets, which had been or were about to be
`seized, be freed, or that he defended them.
`it shall not make any difference that - in addition to arguments
`said in subsection (b) - the person found guilty argued to the
`substance of the dispute or participated in proceedings in some
`other manner, on condition that he did so before that Court’s
`final decision on the point of competence was made.
`
`Restriction on enforcement
`
`7.
`
`its
`if
`A foreign judgment shall not be declared enforceable,
`enforcement is liable to to prejudice the sovereignty or security of
`lsraei.
`
`Microsoft v. Bradium, IPR2016-01897
`
`Microsoft, Ex. 1041
`
`Microsoft, Ex. 1041
`Microsoft v. Bradium, IPR2016-01897
`
`

`

`INTERNATIONAL LEGAL COOPERATION
`
`6
`
`Enforcement of provisional judgment and interim order
`8.
`The Court may -
`if
`it
`finds it
`justifiable to do so under the
`circumstances - enforce a provisional judgment or interim order in a
`matter of maintenance, even though it is still appealable, as long as
`the other conditions set in this Law are met in its respect.
`
`9.
`
`Repealed
`
`Execution of enforceable foreign judgment
`10.
`(a) A foreign judgment which was declared enforceable shall, for
`purposes of execution, be treated like a judgment lawfully given
`in Israel.
`
`(b)
`
`If a foreign judgment was declared enforceable and if it requires
`a person to make a payment in foreign currency,
`then the
`obligation shall be discharged in Israel by payment in Israel
`currency at the rate of exchange on the day of payment;
`however, the debtor shall also have met his obligation under
`the foreign judgment if he paid what is due from him under the
`foreign judgment in that foreign currency, all subject to the
`enactments which at that time apply to the control of foreign
`currency.
`(c) The Minister of Justice shall, with the approval by the Minister
`of Finance and by the Knesset Finance Committee, prescribe
`by regulations the way of determining the foreign currency
`exchange rate for purposes of this section.
`
`(3)
`
`Recognition of foreign judgments
`11.
`(a) A Court or tribunal in Israel shall recognize a foreign judgment
`which meets all the following conditions:
`(1)
`an agreement with a foreign state applies to it;
`(2)
`by that agreement Israel undertook to recognize foreign
`judgments of that kind;
`the undertaking applies only to judgments capable of
`being enforced under the Law in Israel;
`it fulfills the conditions of the agreement.
`(4)
`its
`In dealing with a matter within its jurisdiction and for
`purposes, a Court or tribunal in Israel may recognize a foreign
`judgment, even if subsection (a) does not apply to it,
`if it finds
`that it is lawful and just to do so.
`shall apply to
`(0) The provisions of
`section 6(b) and (c)
`proceedings for the recognition of a foreign judgment under
`this Law.
`
`(b)
`
`Microsoft V. Bradium, IPR2016-01897
`
`Microsoft, Ex. 1041
`
`Microsoft, Ex. 1041
`Microsoft v. Bradium, IPR2016-01897
`
`

`

`INTERNATIONAL LEGAL COOPERATION
`
`7
`
`Repeal
`12. The following are repealed:
`(1)
`the Judgments (Reciprocal Enforcement) Ordinance;
`(2)
`the Judgments (Reciprocal Enforcement - Egypt) Ordinance;
`(3)
`the Probates (British and Colonial) Ordinance;
`(4)
`the Foreign Judgments Rules 1928.
`
`Implementation and regulations
`13. The Minister of Justice is charged with the implementation of this
`Law and he may make regulations on any matter related to its
`implementation, and in regulations under this section he may
`prescribe special law procedures for applications for enforcement, to
`the extent necessary in order to comply with an agreement between
`Israel and a foreign state.
`
`Microsoft V. Bradium, IPR2016-01897
`
`Microsoft, Ex. 1041
`
`Microsoft, Ex. 1041
`Microsoft v. Bradium, IPR2016-01897
`
`

`

`INTERNATIONAL LEGAL COOPERATION
`
`8
`
`INTERNATIONAL LEGAL ASSISTANCE
`
`LAW 5758-1998
`
`CHAPTER ONE: DEFINITIONS
`
`Definitions
`
`1.
`
`In this Law -
`
`"person restricted by order" - a person in respect of whom a
`restricting order was made;
`"prisoner" - includes arrestee;
`"foreign prisoner" - a prisoner under an order of imprisonment or
`arrest warrant of another state;
`"taking evidence" - taking testimony or presenting an object in Court;
`"legal proceeding” - a proceeding in a civil or in a criminal matter;
`"investigator" - a person who belongs to a governmental agency and
`is lawfully authorized to investigate;
`"body search of suspect" - a blood test and an external search, as
`defined in the Criminal Law Procedure Law (Powers of Enforcement -
`Body Search of Suspect) 5756-1996;
`"body search of a person" - as defined in section 22 of the Criminal
`Law Procedure Ordinance (Arrest and Search) (New Version) 5729-
`1969;
`"object" - includes documents, money, computer material as defined
`in the Computers Law 5755-1995, and animals;
`"legal document" - each of the following:
`(1)
`a document of or on behalf of a judicial authority;
`(2)
`a document, in respect of which the Law in the place where it
`was prepared requires that it be prepared by or served by
`means of the holder of a judicial office;
`a document, the service of which by the holder of a judicial
`office enhances the validity of its service or of its contents
`under the Law in the place where it was made;
`for purposes of a criminal proceeding - a Court document or an
`investigator’s summons;
`"foreign legal document" - a legal document made in another
`country;
`"military labor" - within its meaning in section 541 of the Military
`Justice Law 5715-1955 (hereafter: Military Justice Law);
`"service labor" and "service for the benefit of the community" - within
`their meaning in Article Two "A" and Article Four "A" of Chapter Six
`of the Penal Law 5737-1977 (hereafter: Penal Law);
`
`(3)
`
`(4)
`
`Microsoft v. Bradium, IPR2016-01897
`
`Microsoft, Ex. 1041
`
`Microsoft, Ex. 1041
`Microsoft v. Bradium, IPR2016-01897
`
`

`

`INTERNATIONAL LEGAL COOPERATION
`
`9
`
`"fiscal offense" - a violation of tax laws of any kind whatsoever,
`including an offense in connection with currency control;
`"military offense" - one of the following:
`(1)
`an offense in connection with military service;
`(2)
`an offense heard only before a military judicial instance;
`(3)
`an offense against military law that is not an offense against
`penal law;
`- an investigation, a criminal proceeding, a
`"criminal matter"
`confiscation of property in a criminal proceeding and a confiscation
`of property in a civil proceeding;
`"investigative act" - an act carried out by a governmental authority
`competent to do so in order to investigate an offense or to prevent
`an offense,
`in order to obtain an order for the confiscation of
`property or execution of an order to confiscate property as said in
`Article Six of Chapter Three, it being one of the following:
`(1)
`collecting information;
`(2)
`interrogation and taking a statement;
`(3)
`a search in a place, on the body search of a person or on the
`body of a suspect;
`seizure of evidence or of an object and their examination;
`location and surveillance of a person, property or a financial
`transaction;
`secret monitoring;
`any other investigative action , which the authority is competent
`to perform, exclusive of arrest;
`"financial transaction" - includes a bank transaction;
`"foreign confiscation order' - an order to confiscate property made
`by a foreign judicial authority, either in a criminal or in a civil
`proceeding;
`"restricting order" - any of the following:
`(1)
`a license under section 28 of the Prisons Ordinance (New
`Version) 5732-1971 or under section 49 of the Penal Law;
`a probation order under any enactment;
`a Court’s decision that the convicted person serve his sentence
`of imprisonment by service labor under Article Two "A" of
`Chapter Six of the Penal Law;
`an order for service for the benefit of the community under
`Article Four "A" of Chapter Six of the Penal Law;
`a determination by a Military Court that the convicted person
`serve his penalty by military labor under section 541 of the
`Miliary Justice Law;
`including
`"property" -
`real estate, movables, money and rights,
`consideration of any kind for aforesaid property, and any property
`that grew out of or came as consideration for profits of aforesaid
`property;
`
`(4)
`(5)
`
`(6)
`(7)
`
`(2)
`(3)
`
`(4)
`
`(5)
`
`Microsoft V. Bradium, IPR2016-01897
`
`Microsoft, Ex. 1041
`
`Microsoft, Ex. 1041
`Microsoft v. Bradium, IPR2016-01897
`
`

`

`INTERNATIONAL LEGAL COOPERATION
`
`10
`
`"foreign judicial authority" - a Court or a Tribunal in another country,
`as well as any other governmental authority competent to issue an
`order to confiscate property in that country.
`
`CHAPTER TWO: GENERAL PROVISIONS
`
`The nature of legal assistance
`2.
`(a)
`Legal assistance between the State of Israel and another state
`(in this Law:
`legal assistance) is every one of the following:
`service of documents,
`taking evidence, search and seizure
`operations,
`transmittal of evidence and other documents,
`transfer of a person in order to testify in a criminal proceeding
`or to participate in an investigative act,
`investigative acts,
`transmittal of information, confiscation of property, provision of
`legal relief, authentication and certification of documents or the
`performance of any other legal act, all in connection with a civil
`matter or a criminal matter.
`
`(c)
`
`(b) Legal assistance under this Law does not include the following:
`(1)
`arrest or another proceeding towards extradition;
`(2)
`execution of a judgment, except
`for execution of a
`judgment said in Article Six of Chapter Three;
`transfer of prisoners in order to serve their sentence.
`(3)
`(1) The provisions of this Law shall also apply, mutatis
`mutandis, to legal assistance between the State of Israel
`and a body that is not a state and is one of the bodies
`specified in Schedule One.
`(2) Wherever this Law speaks of “another state", that also
`implies a body said in paragraph (1).
`(d) The provisions of this Law shall not derogate from the authority
`to extend or to accept legal assistance under any other Law.
`
`The authority competent to accept requests for legal assistance
`and its powers
`3.
`(a) The authority competent to accept requests for legal assistance
`from other states and to decide on them is the Minister of
`
`Justice (hereafter: Competent Authority).
`(b) The Competent Authority may approve implementation of
`another country’s
`request
`for
`legal assistance,
`refuse it,
`approve it in part, stay or delay its implementation, make its
`implementation conditional or postpone the decision until
`additional infOrmation or material about the request is received
`from the requesting state.
`
`Microsoft v. Bradium, IPR2016-01897
`
`Microsoft, Ex. 1041
`
`Microsoft, Ex. 1041
`Microsoft v. Bradium, IPR2016-01897
`
`

`

`INTERNATIONAL LEGAL COOPERATION
`
`11
`
`(c)
`
`The Minister of Justice may delegate his powers under this
`section - except for the power to refuse a request on behalf of
`another state - to a public sen/ant, with the concurrence of the
`Minister in charge of that public servant; notice of a delegation
`of powers shall be published in Reshumot.
`
`Request for legal assistance from another state
`4.
`(a) The Competent Authority shall consider a request for legal
`assistance from another state, if the following conditions have
`been met:
`
`(b)
`
`(1)
`
`(2)
`
`the request was submitted on behalf of the authority
`designated in that state as the Competent Authority for
`matters of
`legal assistance (in
`this Law: Foreign
`Competent Authority);
`notification of such a designation was delivered to the
`Competent Authority in Israel on behalf of the Foreign
`Competent Authority.
`If the request is on behalf of one of the bodies enumerated in
`Schedule One, then the request shall be submitted by a n
`agent authorized on its behalf.
`(0) The Competent Authority shall consider a request for legal
`assistance in connection with a criminal matter, if the request
`also specifies the following:
`(1)
`the type of proceeding for which assistance is requested;
`(2)
`the facts that constitute the basis for the suspicion that the
`offense that is the subject of that request was committed,
`and the connection between those facts and the
`
`(d)
`
`requested assistance.
`If the request is in connection with the prevention of an offense
`- then the Competent Authority shall consider the request only
`if the connection between the requested assistance and the
`facts on which the request is based has been proven.
`
`if one of the
`
`Refusal of request
`5.
`(a) The Minister of Justice may refuse a request,
`following holds true:
`(1)
`the act is liable to prejudice Israel’s sovereignty, security,
`public order, public welfare or safety, or some other vital
`interest of the State;
`the request for legal assistance is for an offense that is
`political
`in nature or for some other offense that
`is
`connected to an offense of a political nature;
`the request for
`legal assistance is connected with a
`proceeding, the purpose of which is to cause harm to a
`
`(2)
`
`(3)
`
`Microsoft V. Bradium, IPR2016-01897
`
`Microsoft, Ex. 1041
`
`Microsoft, Ex. 1041
`Microsoft v. Bradium, IPR2016-01897
`
`

`

`INTERNATIONAL LEGAL COOPERATION
`
`12
`
`person because of his political opinions or because of his
`origin or because he belongs to a certain race, nation,
`religion, sex or social group;
`the request for legal assistance is for a military offense or
`for a fiscal offense;
`the request for legal assistance is on a criminal matter,
`and under Israel Law it is not possible to perform an act
`similar to the requested act;
`the requesting state refrains from performing similar acts
`on requests by the State of Israel or by Israel citizens, or
`it does not extend to them facilities like the facilities
`extended under this Law;
`performance of the act involves an unreasonable burden
`on the State.
`
`(4)
`
`(5)
`
`(6)
`
`(7)
`
`(b)
`
`If the Minister of Justice refused a request for legal assistance
`or for the performance of an act under it, then he shall inform
`the requesting state of the reasons for the refusal.
`
`legal
`
`legal
`
`implementation of a request for
`Postponing the time for
`assistance or staying its execution
`6.
`(a)
`(1)
`The Competent Authority may postpone the time for the
`implementation of an act of
`legal assistance,
`if
`its
`implementation is liable to -
`(a)
`interfere with the conduct of a pending criminal
`proceeding;
`cause unreasonable harm to some other
`proceeding;
`if the Competent Authority decided to postpone the time
`for the implementation of an act of legal assistance, as
`said in paragraph (1),
`then notice thereof shall be
`delivered to the requesting state, stating the estimated
`time when it will be possible to perform the act, and the
`act shall be performed only if the requesting state gave
`notice that it is interested in its being performed at the
`stated time.
`
`(b)
`
`(2)
`
`(b)
`
`If the Competent Authority concluded that the evidentiary basis
`of the request for legal assistance on a criminal matter does not
`make it possible - under Israel Law - to perform an act similar
`to the requested act, then the Competent Authority may stay
`performance of the act until the evidentiary basis has been
`completed;
`if
`the Competent Authority decided to stay
`performance of
`the act,
`then notification thereof shall be
`delivered to the requesting state and the act shall not be
`performed until the evidentiary basis is completed.
`(c) The Court may postpone the time for performing an act of legal
`
`Microsoft V. Bradium, IPR2016-01897
`
`Microsoft, Ex. 1041
`
`Microsoft, Ex. 1041
`Microsoft v. Bradium, IPR2016-01897
`
`

`

`INTERNATIONAL LEGAL COOPERATION
`
`13
`
`if the
`assistance on a criminal matter or stay its performance,
`circumstances specified in subsections (a) or (b) hold true.
`
`Implementation of request for legal assistance
`7.
`If the Competent Authority approved another state’s request for legal
`assistance, then it shall transmit the request for implementation as
`prescribed by this Law, and it shall
`transmit the results of the
`implementation to the requesting state;
`if
`it was not possible to
`implement the request, then the Competent Authority shall deliver a
`reasoned notification thereof to the requesting state.
`
`Subject to provisions of Law
`legal
`8.
`(a) Any act
`in Israel
`in accordance with a request for
`assistance by a foreign state shall be performed in the manner
`in which an act of its kind is performed in Israel, and the
`provisions of enactments that apply in Israel to an act of its kind
`shall apply to it, except if a different provision is made in this
`Law or under it.
`
`(b) Any act on a foreign state’s request for legal assistance shall be
`performed in Israel only if the act is permissible under Israel
`Law.
`
`(c)
`
`(d)
`
`in a manner that
`The requested act shall be carried out
`complies with the requesting state’s request, as long as the act
`is permitted under Israel Law.
`If the requested act is in connection with a criminal matter, then
`the provisions of this Law shall apply, as if the offense in
`respect of which the act is requested was committed in Israel.
`
`Jurisdiction of Court and of Governmental authority
`9.
`(a) The Court competent to perform an act under this Law is the
`Magistrates Court, and that also if the requested act is not
`within the sphere of its jurisdiction, unless there is a different
`provision in this Law.
`(b) The authority to perform any act required under this Law in
`order to extend legal assistance to another state is vested in
`every Governmental authority,
`if the act is of the category of
`acts which it
`is competent
`to perform; no act shall be
`performed by a Governmental authority in order to extend legal
`assistance to another state, if it is of a category of acts which
`the authority is not competent to perform under Israel Law.
`
`Specific use of evidence
`10. Evidence or information obtained in Israel under a foreign state’s
`request for legal assistance in connection with a criminal matter shall
`be transmitted only after
`the Competent Authority received
`
`Microsoft v. Bradium, IPR2016-01897
`
`Microsoft, Ex. 1041
`
`Microsoft, Ex. 1041
`Microsoft v. Bradium, IPR2016-01897
`
`

`

`INTERNATIONAL LEGAL COOPERATION
`
`14
`
`assurances from the requesting state that the evidence or information
`will be used only in the criminal matter for which it was requested,
`and that other use will be made of them only with the advance
`approval of the Competent Authority in Israel.
`
`Confidentiality
`11.
`(a)
`If it is requested to do so, the Competent Authority shall keep
`a foreign state’s request for legal assistance on a criminal
`matter and its results confidential, subject to the provisions of
`Israel Law.
`
`(b)
`
`If it is not possible to carry out the request while maintaining
`confidentiality, then the Competent Authority shall so inform the
`requesting state and the request shall be carried out only with
`the approval of that state; for this purpose, "request for legal
`assistance" - includes its contents or information about it, as
`well as the documents and information attached to it.
`
`(c) The Competent Authority may make the transmittal of evidence
`or of
`information in connection with a criminal matter
`
`conditional on the receipt of a sufficient undertaking from the
`requesting state,
`that
`it will apply to them the rules of
`confidentiality in effect in that state for evidence or information
`of that kind,
`including provisions on the protection of the
`privacy of any third party, whose name or affairs are involved
`in the transmitted evidence or information.
`
`Provisions on legal secrecy
`12.
`(a)
`In order to implement the provisions of this Law, the Competent
`Authority may order evidence or information on a criminal
`matter to be transmitted to another state,
`if an authority in
`Israel, equivalent to the authority in the requesting state that
`requests the information, would have been entitled to receive
`the said information.
`
`the provisions of
`this Law,
`to the provisions of
`(b) Subject
`subsection (a) shall apply notwithstanding the provisions of any
`enactment on the secrecy of information or on restrictions of
`the delivery of information.
`
`Effect of regulations on certain international agreements
`13.
`If provisions on matters specified below were prescribed in an
`international agreement, to which the State of Israel is a party, and
`if regulations were made for their implementation, then they shall
`have the effect of Law, notwithstanding the provisions of this or any
`other Law:
`proving
`documents,
`of
`(1)
`service
`authentication and certification;
`
`their
`
`their
`
`contents,
`
`Microsoft V. Bradium, IPR2016-01897
`
`Microsoft, Ex. 1041
`
`Microsoft, Ex. 1041
`Microsoft v. Bradium, IPR2016-01897
`
`

`

`INTERNATIONAL LEGAL COOPERATION
`
`15
`
`(2)
`(3)
`
`(4)
`
`(5)
`
`(6)
`
`taking testimony, presenting documents;
`the length of the period set in the closing passage of section
`26(a)(1);
`the provision of legal aid, free of charge, to citizens or residents
`of other states;
`exemptions from Court fees, stamp duty and other payments in
`respect of acts performed by virtue of this Law or connected
`with the enforcement of foreign judgments;
`exemptions for citizens or residents of other states from
`providing surety for their ability to pay in actions, appeals and
`petitions for the enforcement of foreign judgments.
`
`CHAPTER THREE: CATEGORIES OF ACTS
`
`OF LEGAL ASSISTANCE
`
`Article One: Service of Documents
`
`Service of a foreign legal document in Israel
`14.
`(a) The Competent Authority may serve a foreign legal document
`in Israel; it may also - subject to conditions which it shall set for
`this matter - allow a requesting state to serve a legal document
`directly on the addressee.
`in connection with a criminal
`(b) A foreign legal document
`proceeding shall be served together with a notice that specifies
`all the following:
`the document does not create any
`(1)
`that sen/ice of
`obligation under the Laws of the State of Israel to comply
`with the contents of the document; however, the service
`may have legal implications in the state that requested the
`service;
`is a summons to an
`the served document
`that
`if
`investigation,
`to a trial or to the giving of testimony in
`another state, it is possible that the add ressee’s rights and
`immunities under Israel Law - as an interrogatee, as a
`defendant or as a witness - will not protect him at all
`in
`the other state, or will not protect him to the same degree
`as they would under Israel Law.
`
`(2)
`
`Microsoft V. Bradium, IPR2016-01897
`
`Microsoft, Ex. 1041
`
`Microsoft, Ex. 1041
`Microsoft v. Bradium, IPR2016-01897
`
`

`

`INTERNATIONAL LEGAL COOPERATION
`
`16
`
`Article Two: Taking Evidence
`
`Request for taking evidence in Israel
`15. On request by another state, the Competent Authority may apply to
`the Court that it order evidence to be taken; if the request concerns
`the presentation of an object and its transfer to another state, then
`the Competent Authority shall specify whether it waives return of the
`object to Israel.
`
`Authorization to take evidence
`
`16.
`
`(b)
`
`(a) When a request to take evidence has been submitted, then the
`Court may order that the evidence be taken before it or before
`a Registrar.
`If the request to take evidence is in connection with a civil
`matter, then the Court may order - for reasons which it shall
`specify - that the evidence not be taken before it or before a
`Registrar, but before a person registered as an attorney under
`the Chamber of Advocates Law 5721-1961 (hereafter: Chamber
`of Advocates Law), who engaged for at
`least five years -
`continuously or in the aggregate - in the legal profession, at
`least two years of that in Israel; the provisions of this Article
`shall apply, mutatis mutandis, to the taking of the evidence.
`
`Right to representation
`17. A person not registered as an attorney under the Chamber of
`Advocates Law may also appear before the Court and ask questions
`in a proceeding under this Article, on condition that he proved to the
`Court’s satisfaction that he is qualified to interrogate a witness on
`behalf of the party or to represent a party in the state that requested
`the evidence to be taken under the Law in that state.
`
`Taking the evidence
`18.
`(a)
`if a person was summoned by the Court for the taking of
`evidence, then he shall bear all the obligations of a person
`summoned to testify before a Court in Israel, and he shall have
`all the rights of an aforesaid witness.
`If the taking of evidence is connected to a criminal matter, then
`the Court may enable the person in whose the respect the
`proceeding is held or his representative, and a representative
`of the requesting state to be present when the evidence is
`taken, to present arguments to the Court and to put questions
`to the witness.
`
`(b)
`
`(c) The Court may order, on request by a party or by the
`representative of the requesting state,
`that the taking of
`
`Microsoft V. Bradium, IPR2016-01897
`
`Microsoft, Ex. 1041
`
`Microsoft, Ex. 1041
`Microsoft v. Bradium, IPR2016-01897
`
`

`

`INTERNATIONAL LEGAL COOPERATION
`
`17
`
`evidence not be conducted according to rules of procedure or
`rules of evidence that apply to trials of the same kind.
`(d) The Court shall record in the protocol the questions asked
`when evidence was taken and the answers of the person
`interrogated; in respect of a request to present an object, the
`Court shall record any discussion that is connected to the
`presentation.
`
`Order to transmit object or its substitute to another state
`19.
`(a) A Court that hears a request to present an object may order
`that a copy, photograph or other substitute of the object (in this
`Article: substitute of object) be transmitted to the requesting
`state (in this Article: order to transmit substitute of object); if the
`Court made an aforesaid order,
`then it shall certify by its
`signature and seal that the copy, photograph or other substitute
`is correct.
`
`(b)
`
`If the request asked for the transmittal of the object and not of
`its substitute, then the Court may order that it be transmitted in
`accordance with Israel Law (in this Article: order to transmit
`object); a said order shall be made after the Court heard the
`arguments of every person who claims a right in the object, if
`he is known.
`
`(0)
`
`If an object was presented by a Governmental agency that
`carries out investigations,
`then the person from whom the
`object was taken shall also be summoned to the hearing under
`this section, as well as every person who claims a right in the
`object, if he is known.
`(d) The Court
`that made an order under this section shall
`prescribe, by order,
`the purpose of the transmittal, stating
`particulars of the proceeding in respect of which the object was
`requested; if it made an order to transm