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Stopping Illegal Infiltration into Israel Proposal for Decision

It is decided,

Following Government Resolutions No. 1506 of March 14, 2010, No. 2104 of July 19, 2010 and No. 2507 of November 28, 2010, to

1. Construct a barrier along Israel's western border: a. Charge the Ministry of Defense with completing the construction of the barrier along Israel's western border at the section near Eilat, so that at the end of all works there will be a physical barrier stretching from Kerem Shalom to Taba. Constructing the entire barrier, including the completion of the section near Eilat, will be completed no later than October 31, 2012. The barrier and its characteristics will be identical to those of the sections budgeted and completed hitherto and as provided for in Government Resolution
No. 1506 of March 14, 2010.

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In order to complete the barrier, during 2012 the Ministry of Defense will be allocated an amount of 280 million NIS from the sources detailed in Article 7 below. Said budget will be budgeted in a separate budgetary plan within the defense budget in order to enable the government to follow up on the barrier's implementation. Said budget is designed to fully provide for all activities required to realize this resolution, including development budgets, experiments, hardware acquisition, constructing complementary protections, etc., which complement the process of completing the barrier's constructions and are deemed an integral part thereof. The inter-ministerial team formed under Government Resolution No. 1506 will continue to monitor the implementation of the barrier construction as stipulated in that resolution.

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2. Amend the Prevention of Infiltration Law, 5714-1954: Charge the Minister of Justice, the Minister of Defense and the Minister of the Interior to act to promote the completion of this legislation within 14 days. Appendix 707

3. "Saharonim" facility: a. Document the Ministry of Finance and the Ministry of Public Security's statement regarding the budgetary agreement between them which provides for the immediate expansion of the "Saharonim" facility from 2,000 to 5,400 beds. Determine that the Saharonim facility will be operated by the Israel Prison Service [IPS] as a closed custodial facility. Determine that infiltrators will be held in custody based on the amended Prevention of Infiltration Law.

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c.

4. Detainment Center a. Charge the Ministry of Defense with constructing the custodial facility/detainment center based on National Outline Plan (NOP) 46, which is currently being promoted in planning bodies, if and to the extent that it is approved by the government. Subject to Article 260 of the Planning and Construction Law, 5725-1965, order the Chairperson of the National Planning and Building Council and the Manager of the Ministry of the Interior's Planning Administration to give top priority to discussions concerning NOP 46 with a view to complete them as soon as possible. Instruct the Minister of the Interior to present NOP 46, if and when it is approved in the National Council, for the government's discussion and approval, immediately after said approval by the National Council. The facility will be built so as to enable it to operate whether as an open center or as a (closed) custodial facility, and may be used wholly or partially as a custodial facility. In order to build essential infrastructures for the entire Center, as well as complete other infrastructure and construction work for the first 3,000 beds in the Center, allocate to the Ministry of Defense an amount of 250 million NIS from the sources detailed in Article 7 below. In order to operate and maintain the Center, allocate to the Ministry of Public Security an amount of 50 million NIS per annum for every 1,000 beds in the center. Notwithstanding the above, the allocation for current operations in 2012 will not exceed 100 million NIS, and will be provided by the sources detailed in Article 7 below. The facility as provided for above will be used to detain infiltrators from the Egyptian border, which until that time could not be expatriated to their country

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of origin or to a third country, and to provide for their basic needs lodging, food, drink and basic health needs, and if minors are held there education services as well. h. An inter-ministerial team headed by the Director General of the Prime Minister's Office and including Director General of the Ministry of Defense, Director General of the Ministry of Public Security, Head of the Population and Immigration Authority, IPS Commissioner, Head of the [Finance Ministry's] Budgets Division, Deputy Attorney General and other representatives as required, will recommend to the Prime Minister regarding the need to declare the Center, either wholly or partially, as a closed "custodial facility", to the extent required, and the appropriate timing thereof. The Israel Prison Service will begin operating the facility no later than 6 months following this resolution.

i.

5. Enforcement against employers: a. Charge the Head of the Population and Immigration Authority to prepare to act to initiate enforcement against employers of infiltrators from the Egyptian border. The timing of initiating this enforcement will be determined by the Prime Minister in consultation with the Minister of the Interior, the Minister of Public Security, the Minister of Finance and the Minister of Justice, with due consideration given to all circumstances of the matter, including the State's undertaking in HJC [High Court of Justice] 6312/10 to provide a 30-day notice prior to initiating enforcement actions, and subject to priorities as to be determined. Instruct the Minister of Justice, the Minister of Finance and the Minister of the Interior to act to promote the completion of the legislation process involving the amendment of the Foreign Workers Law in terms of increased punishments for illegal employers of foreign workers at the Knesset's Constitution, Law and Justice Committee, as soon as possible.

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c.

6. Return infiltrators to their countries of origin or expatriate them to other countries: Charge the Director General of the Prime Minister's Office to coordinate efforts by government ministries to promote contacts with various countries of origin to secure the safe return of infiltrators that come from the Egyptian border that are living in Israel or their removal to other countries, including the encouragement of voluntary departure, and report on progress in this areas to the Security Cabinet every 90 days following the date of this resolution.

7. Sources of funding: a. Reprioritize the State Budget for Fiscal Year 2012 and reduce the basis of the government ministries budgets for fiscal year 2012 by a rate of 2.0% (as detailed in the table appended to this resolution), and reduce the basis for authorization to commit [funds] accordingly. The reduction referred to in paragraph a above will be implemented despite the provisions of previous government resolutions, and will therefore apply also to budgets allocated to implement said resolutions. Notwithstanding the above, no reductions will be made in budgetary articles whose purpose is to implement legislation, wherein budgetary amounts or rates to be allocated for such implementation are specified, or in budgetary articles designated for fulfilling contractual undertaking by the government to spend a certain amount (including pay agreements and other agreements and excluding commitments to spend amounts subject to legally specified rates). According to the provisions of paragraph a above, charge the Minister of Welfare and Social Services and the Minister of Finance to order the National Insurance Institute, by virtue of their authority subject to Article 24(a) of the Budget Foundations Law, 5745-1985, to reduce 5.2 million NIS from the National Insurance Institute's administrative budget base in fiscal year 2012. Charge the Minister of Finance to contact the Speaker of the Knesset and the State Comptroller and request that they act to reduce the expenses of their offices in the budget basis of fiscal year 2012, and to reduce the Knesset budget and the State Comptroller's Office budget for fiscal year 2012 according to such decisions made thereby.

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Appendix Reduction Amounts


Art. No. 1 4 5 6 7 8 9 10 13 15 16 17 18 19 20 21 23 24 25 29 30 32 33 34 36 37 38 39 40 41 43 52 53 54 55 56 67 68 70 76 79 83 Name of Article President of Israel Prime Minister's Office Ministry of Finance Ministry of the Interior Ministry of Public Security Ministry of Justice Ministry of Foreign Affairs National Security Council Miscellaneous expenses Ministry of Defense Civilian emergency expenses Coordination of Activities in the Territories Local authorities Ministry of Science and Technology & Ministry of Culture and Sports Ministry of Education Higher education Ministry of Welfare Ministry of Health Ministry of Environmental Protection Ministry of Construction and Housing Ministry of Immigration Absorption Various supports Ministry of Agriculture and Rural Development Ministry of National Infrastructures Ministry of Industry, Trade and Labor Ministry of Tourism Supports for economic sectors Ministry of Communication Ministry of Transportation Governmental Authority for Water and Sewage Survey of Israel Police and penitentiaries Courts Regulators Treasury Commission for Equal Rights of Persons with Disabilities Health Population, Immigration and Border Crossings Authority Housing Industrial development Transportation development Other development expenses Reduction of 2012 Basis (in NIS thousands) 2.0% 374

20,267 7,671 3,376 37,668 11,263 12,867 288 15,335


283,000 3,335 729 9,387 5,551 79,262 14,308 2,639 3,453 2,809 1,041 6.172 1,751 6,877 891 31,746 4,381 29,048 245 2,398 1,070 327 7,541 3,135 4,182 647 51 3,786 2,204 8,497 1,020 14,393 18,006

Clarification Notes The resolution's clarification notes and legal opinion will be distributed on a later date.

Submitted by the Prime Minister and Minister of Finance

[Jewish calendar date] December 7, 2011