According to the SME Policy Index 2014, the regulatory environment was one of the weak areas in the Israeli policy framework. To address this issue, Israel established three inter-ministerial committees working on 1) improving the general business climate (the Doing Business Committee), 2) the system of business licensing, and 3) the introduction of regulatory impact analysis (RIA) for new legislation and regulations. Although the Doing Business Committee is no longer operational, the two other committees remain active.
One of the main improvements was the issuance in October 2014 of Government Resolution 2118, which provides the basis for a comprehensive, whole-of-government regulatory policy.5 The resolution includes provisions to reduce the current regulatory burden (stock) and to undertake ex ante regulatory impact analysis.
In compliance with Government Resolution 2118, an official responsible for RIA has to be designated in each ministry or government agency involved in matters related to regulations. A special unit at the Prime Minister’s Office is tasked with determining the methodology for RIA and its implementation. Nonetheless, the implementation of the Resolution 2118 started only in January 2017. According to the resolution, the ministries have to formulate five-year action plans to reduce the regulatory burden, including a reduction of 25% of administrative costs. The ministries have also to formulate and disseminate detailed action plans to be implemented every year.
The SMBA is not directly involved in the RIA process since it is not a source of legislation and regulations. However, the SMBA provides substantive analysis of the impact of regulations on SMEs and provides comments to the relevant ministries and the RIA co-ordination unit hosted at the Prime Minister’s Office. The analytical work undertaken by the SMBA is the product of consultations with business organisations and takes the form of white papers. For example, as part of the wider RIA efforts the SMBA has published guidance for the implementation of an SME test. However, the guidance is not yet part of the RIA efforts. Furthermore, the SMBA white papers are not exclusively focused on RIA; they comprise other relevant areas for SME development – for example, timely payments for public procurement contracts or value-added tax (VAT) payments.
Israel has been implementing reforms to simplify start-up procedures over the past few years. In 2013-14, three main agencies were involved in the registration process for corporations and self-employed individuals: the Registrar of Companies (part of the Israeli Corporations Authority at the Ministry of Justice), the Tax Authority and the National Insurance Institute. According to the Doing Business indicators, starting a business has become easier over the past few years due to several improvements, notably the adoption of a single identification number to deal with different government agencies and the establishment of an online registration platform. Also, the tax and social security registration were merged: the National Insurance Institute receives information about the opening of the tax file, and opens, without the employer's request, a file for the new employer as well. Furthermore, in November 2015 an optional electronic system for company registration was launched which now, according to interviews, handles 75% of all applications and provides registration within two to four days. Through the system, users can upload the articles of association and pay the registration fee of about ILS 2500 (about EUR 600). The use of the electronic system does not require the involvement of a lawyer if the company has an electronic certificate.
Nevertheless, there are reports that obtaining licenses for businesses in the food industry is becoming more cumbersome due to new requirements by the Ministry of Health. Requirements on nutrition labelling,6 government-approved Good Manufacturing Practice (GMP) certifications and the use of the Codex Alimentarius7 as a reference for food standards, which makes food imports much more difficult. On the other hand, municipalities seem to apply different standards, so local requirements vary from one place to another.
Results in terms of obtaining business licenses and permits are inconclusive based on the information available for this interim assessment. A review of SME and entrepreneurship policies in Israel noted that the complex system of licenses and permits is one of the main factors holding back SME growth (OECD, 2016).8 This complexity is due to the fact that licenses and permits are issued mainly by municipal authorities, following approval by relevant government departments (e.g. Ministry of Health, Ministry of Environmental Protection), and must be renewed annually. According to the review, approximately 40% of enterprises need a license in Israel, but one quarter of them does not have one.
The government has been working to address these shortcomings for several years. In 2005 it launched an inter-ministerial committee (the Haber Committee) to review business licensing and issue recommendations for reform. In 2006 a subcommittee was created to develop a plan to implement the recommendations of the Haber Committee. However, according to the website of the Ministry of Environmental Protection, “it took years for all the parties involved, some of whom had opposing interests, to agree on how best to implement the recommendations.”9 The result was the amendment to the Business Licensing Law (2010) and the Government Decision 1007, which unites licensing requirements throughout Israel, “making it difficult” for municipalities to add additional local requirements and reducing delays in obtaining licenses, especially in industries that do not pose environmental risks.
The government continues working on improving licenses and permits. According to the consultations for this interim assessment, the municipal authorities now apply a harmonised licencing system and even act as a one-stop shop for different local institutions (e.g. police, fire department). However, there is no evidence on the effectiveness of the system. Furthermore, according to the OECD’s Indicators of Product Market Regulation – which, among other matters, measure barriers to entrepreneurship including the complexity of the licenses and permit system – Israel is a “less competition friendly” economy.10 The specific indicators measuring the restrictiveness of the licenses and permits system show that Israel is the third most restrictive country in this regard.11
Over the past few years Israel has introduced reforms to its bankruptcy framework, which is governed by three statutes: the Bankruptcy Ordinance dealing with individuals; the Companies Ordinance dealing with corporate liquidations and receiverships; and the Companies Act for corporate reorganisations. The latest is the Official Receivers’ Reform of 2013, which provides a specific structure and a target time frame (18 months) for the procedure. Its aim is to facilitate the “fresh start” policy by providing certainty and predictability for all parties.12
On March 2018, the Knesset approved a new Insolvency and Economic Rehabilitation Law overhauling insolvency procedures for individuals (bankruptcy) and companies (liquidation, receivership, stay of proceedings and restructuring). It aims to advance debtors’ financial rehabilitation; to maximise the return to creditors; and to increase the certainty and stability of the law, shorten procedures, and reduce the bureaucratic burden.13
For further action: Israel has adopted the initial steps to address the difficult regulatory environment identified by the SME Policy Index 2014 and subsequent reports. The mandate by Government Resolution 2118 of 2014 to undertake ex ante and ex post RIA and the establishment of a RIA co-ordination unit provide ripe ground for improvement of the business environment for SMEs, including through the eventual adoption of an SME test following the guidance developed by the SMBA. However, this interim assessment is inconclusive regarding the role of local authorities in providing business licences. On the one hand, the consultations indicate that business licenses have been harmonised and that local authorities now even act as one-stop shops for licencing procedures. On the other hand, the OECD indicators of Product Market Regulation still note that Israel is one of the most difficult economies in this area. Apart from this, this interim assessment finds progress in terms of the introduction of a single identification number and the creation of an online registration platform.