Ill.

IV.

the other Party an explanation, in writing, of the basis for its determination.

When a Party notifies its determination not to recognize a designated certification body in
accordance with paragraph 2, the Party shall provide the recipients of the notice no fewer
than 60 days after the date on which the notice is provided to present information
responding to or correcting any deficiencies that form the basis for the Party’s
determination to not recognize the certification body.

If additional information is presented in accordance with paragraph 3, the Party that
determined not to recognize the designated certification body shall re-evaluate its
determination and make a further determination on recognizing the designated
certification body in light of the additional information presented, under terms and
conditions no less favorable than those it accords to the certification bodies in the Party’s
territory that apply for recognition. Within 30 days of the date on which additional
information is presented under paragraph 3, the Party shall notify the designating
authority, the designated certification body, and the other Party of its further
determination.

The Parties may jointly refer any matter relating to the designation or recognition of a
certification body to a review process the Parties consider appropriate, or to a
subcommittee of the Joint Committee for evaluation and assistance in resolving relevant
technical issues.

Each Party shall list in Annex IV each of the certification bodies that it has recognized.
Mutual Acceptance of Equipment Certifications

Each Party shall accept equipment certifications produced by a recognized certification
body in the other Party’s territory under transparent terms and conditions no less
favorable than those it accords to equipment certifications produced by recognized
certification bodies in its territory, and without regard to the nationality of the supplier or

manufacturer of the equipment, or the country of origin of the equipment.

Each Party shall permit suppliers to apply directly for and, upon issuance, to hold
certification. A Party may require any supplier to:

(a) name the supplier’s agent or other legal representative in the Party’s
jurisdiction; and

(b) _ give prompt and full notice of any change of the supplier’s agent or other
legal representative.

Additional Requirements for Certification Bodies

A designated certification body shall participate in any reasonable consultation activities
identified by the regulatory authority of the importing Party, in order to establish a

20


I.

Requirements and Conditions for Accreditation and Designation of Conformity
Assessment Bodies

Each Party may use one or more designating authorities or one or more accreditation
bodies, or both designating authorities and accreditation bodies, to accredit conformity
assessment bodies as capable of assessing whether equipment conforms to the other
Party’s technical regulations.

(a) Any designating authority that is also an accreditation body listed by a Party in
Annex II shall be capable of complying with the requirements and conditions of
ISO/IEC 17011:2004 to the extent necessary to accredit conformity assessment
bodies.

(b) Any accreditation body appointed by a designating authority shall meet the
requirements and conditions of ISO/IEC 17011:2004.

Whether a testing laboratory is accredited by a designating authority or by an
accreditation body, in either case, in order to be designated, the testing laboratory shall
meet the following requirements and conditions:

(a) the testing laboratory shall be accredited against ISO/IEC 17025:2005 in
conjunction with the importing Party’s technical regulations listed in Annex I for
Phase I Procedures; and

(b) __ the testing laboratory shall have the technical expertise and capability for testing
against the standards covered in the scope of the accreditation. Testing, if
necessary, may be performed in accordance with the provisions for subcontracting
in ISO/IEC 17025:2005. The testing laboratory also shall be familiar with the
applicable technical regulations of the importing Party for the equipment under
test.

Whether a certification body is accredited by a designating authority or by an
accreditation body, in either case, in order to be designated, the certification body shall
meet the following requirements and conditions:

(a) the certification body shall be accredited against ISO/IEC Guide 65:1996 in
conjunction with the importing Party’s technical regulations listed in Annex I for
Phase II Procedures and based on type testing as identified in sub-clause 1.2(a) of
ISO/IEC Guide 65:1996;

(b) the type testing shall normally be based on testing of one unmodified
representative sample of each equipment type for which certification is sought.
Additional samples may be requested if they are necessary for technical
regulatory purposes, for instance when a test renders a sample inoperative.
According to generally accepted conformity assessment practices, all samples,

14


Il.

Private Land Mobile Radio Services 47 CFR Part 90
Personal Radio Services 47 CER Part 95
Amateur Radio Service 47 CFR Part 97
Fixed Microwave Services 47 CFR Part 101

U.S. FCC Rules and Regulations for Electromagnetic Compatibility (EMC) that are
contained in the following:

Frequency Allocations and Radio Treaty Matters; 47 CFR Part 2
General Rules and Regulations
Radio Frequency Devices 47 CFR Part 15
Industrial, Scientific, and Medical Equipment 47 CFR Part 18

Any identical or substantially similar technical regulations that add to or replace the
technical regulations identified in paragraphs 1 to 3.

LIST OF TECHNICAL REGULATIONS FOR PHASE II PROCEDURES

The existing technical regulations for which the United States accepts equipment certifications
from recognized certification bodies designated by Israel are:

Intentionally left blank.

I

ISRAEL

LIST OF TECHNICAL REGULATIONS FOR PHASE I PROCEDURES

The technical regulations for which Israel accepts test reports from recognized testing
laboratories designated by the United States are:

1.

Wireless Telegraph Ordinance (Ordinance Non- application Directive), 1984. Available
on the Internet
http://www.moc.gov.il/sip_storage/FILES/3/293.pdf

Procedure for Type Approval of Cellular Handset in Israel, December 2005 (Articles 1-5,
inclusive). Available on the Internet

http:/www.moc.gov.il/sip_storage/FILES/2/1062.pdf

Checklist for Conformance Approval for DECT equipment — in the Spectrum Division,
July 2010. Available on the Internet

http://www.moc.gov.il/sip_storage/FILES/6/2106.doc

Any identical or substantially similar technical regulations that add to or replace the
technical regulations identified in paragraphs 1 to 3.

24


ARTICLE 5
Designation of Conformity Assessment Bodies

1. Each designating authority listed in Annex II for Phase I Procedures may designate
conformity assessment bodies to assess whether equipment conforms to the other Party’s
technical regulations listed in Annex I for Phase I Procedures, and each designating
authority listed in Annex II for Phase II Procedures may designate conformity assessment
bodies to assess whether equipment conforms to the other Party’s technical regulations
listed in Annex I for Phase II Procedures.

2. A designating authority may only designate conformity assessment bodies able to
demonstrate by means of accreditation, in accordance with the requirements and
procedures set forth in Appendix A, that the conformity assessment bodies have the
experience and are competent to assess whether equipment conforms to the other Party’s
technical regulations, including familiarity with interpretations and policies related to the
other Party’s technical regulations.

3. In designating a conformity assessment body, a designating authority shall observe the
procedures set forth in Appendices B and C.

ARTICLE 6
Recognition of Conformity Assessment Bodies

Each Party shall, in accordance with the procedures set forth in Appendices B and C, recognize
conformity assessment bodies designated by the designating authorities of the other Party.

ARTICLE 7
Mutual Acceptance of the Results of Conformity Assessment

Each Party shall, in accordance with the procedures set forth in Appendices B and C, subject to
Article 16.3, accept the results of conformity assessment for the technical regulations that the
Party has listed in Annex I, undertaken by recognized conformity assessment bodies designated
by the other Party under terms and conditions no less favorable than those it accords to the
results of conformity assessment undertaken by conformity assessment bodies in its territory, and
without regard to the nationality of the supplier or manufacturer of the equipment, or the country
of origin of the equipment.

ARTICLE 8
Reassessment and Surveillance of Conformity Assessment Bodies

1. Each Party shall provide to the other Party the reassessment and surveillance plans
designed, in accordance with sub-clause 7.11.3 of “ISO/IEC 17011:2004, Conformity


common understanding and interpretation of applicable regulations of the importing
Party. A recognized certification body shall continue to participate in such consultative
activities after it has been recognized.

A recognized certification body may subcontract all or part of equipment tests, including
tests for a supplier, in accordance with the provisions of sub-clause 4.4 of ISO/IEC Guide
65:1996, provided that:

(a) the testing laboratory shall be accredited against ISO/IEC 17025:2005 in
conjunction with the importing Party’s technical regulations listed in Annex I for
Phase I Procedures, or found by the certification body to be competent in
accordance with the provisions for subcontracting in ISO/IEC 17025:2005; and

(b) when the certification body subcontracts testing, the certification body shall
remain responsible for the tests and shall continue to oversee the subcontractor to
ensure that the test reports are reliable. In order to ensure the reliability of test
reports, each Party shall require periodic audits of equipment that has been tested.

A recognized certification body shall publish and maintain a list of equipment
certifications and, on a request by the importing Party, the designating authority that
designated the certification body shall identify all equipment certified by the designated
certification body as conforming with the requesting Party’s technical regulations.

A recognized certification body shall carry out post-certification surveillance in
accordance with ISO/IEC Guide 65:1996, requirements of the importing Party, and the
provisions of this Agreement.

(a) The surveillance activities required under ISO/IEC Guide 65:1996 shall be based
on type testing of a few samples of the total number of equipment types certified
by the certification body. Other types of surveillance activities of equipment that
has been certified are permitted provided they are no more onerous than type
testing. Upon request, a recognized certification body shall provide to the
importing Party copies of equipment certification reports.

(b) If a recognized certification body determines, during post-certification
surveillance of certified equipment, that the equipment does not comply with the
applicable technical regulations of the importing Party, the certification body shall
immediately notify the supplier of the certified equipment and the regulatory
authority of the importing Party. Within 30 days of such notification, the
certification body shall provide to the regulatory authority of the importing Party
a follow-up report detailing the action taken by the supplier to correct the
situation.

(c) Ifa Party has concerns about certified equipment, the Party may request from the

recognized certification body that certified the equipment a copy of the equipment
certification report. The certification body shall make every effort to provide the

21


2. Name of Accreditation Body: ANSI-ASQ National Accreditation Board/ACLASS (ACLASS)
Physical address: 500 Montgomery Street, Alexandria, VA 22314

Mailing address: 500 Montgomery Street, Suite 625, Alexandria, VA 22314

Home page address: www.aclasscorp.com

Nametitle of contact person: Bill Hirt

Phone: +1 (703) 836-0025

Fax: + 1 (703) 836-0040

E-mail address: Bill.hirt@aclasscorp.com

3. Name of Accreditation Body: National Voluntary Laboratory Accreditation Program
(NVLAP) ;

Physical address: 100 Bureau Drive Gaithersburg, MD 20899-2140

Mailing address: 100 Bureau Drive, M/S 2140 Gaithersburg, MD 20899-2140

Home page address: www.nist.gov/pml/nvlap/index.cfm

Name/title of contact person: Brad Moore

Phone: +1 (301) 975-5740

Fax: +1 (301) 926-2884

E-mail address: brad.moore@nist.gov

I. LIST OF DESIGNATING AUTHORITIES, REGULATORY AUTHORITIES,
AND ACCREDITATION BODIES FOR PHASE II PROCEDURES

Intentionally left blank.

ISRAEL

I. LIST OF DESIGNATING AUTHORITIES, REGULATORY AUTHORITIES,
AND ACCREDITATION BODIES FOR PHASE I PROCEDURES

Designating Authorities

1. Name of Designating Authority: Commissioner of Standardization, Ministry of Industry,
Trade and Labor

Physical address: 5 Bank of Israel St., Jerusalem, Israel

Mailing address: 5 Bank of Israel St., Jerusalem, Israel, 91036

Home page address: www.moital.gov.il
Namettitle of contact person: Grisha Deitch, Commissioner of Standardization

Phone: 972-2-6662296
Fax: 972-2-6662943

E-mail address: Grisha@moital.gov.il

Regulatory Authorities

27


LIST OF TECHNICAL REGULATIONS FOR PHASE I AND II PROCEDURES

ANNEX I

UNITED STATES

L LIST OF TECHNICAL REGULATIONS FOR PHASE I PROCEDURES

The technical regulations for which the United States accepts test reports from recognized testing

laboratories designated by Israel are:

1, U.S. Federal Communications Commission (FCC) Rules and Regulations for Telephone

Terminal Equipment that are contained in the following:

a. Code of Federal Regulations (CFR):

Frequency Allocations and Radio Treaty Matters; | 47 CFR Part 2
General Rules and Regulations
Telephone Terminal Equipment 47 CFR Part 68

b. documents published by the Administrative Council for Terminal Attachment

(ACTA), established in the FCC CC Docket 99-216:

TIA-968-B (September 22, 2009), Telecommunications - Telephone
Terminal Equipment - Technical Requirements for Connection of

Terminal Equipment to the Telephone Network

2. U.S. FCC Rules and Regulations for Transmitter Equipment that are contained in the

following:

Frequency Allocations and Radio Treaty Matters; 47 CFR Part 2
General Rules and Regulations

Emergency Alert Systems (EAS) 47 CFR Part 11
Radio Frequency Devices 47 CFR Part 15
Commercial Mobile Radio Services 47 CFR Part 20
Public Mobile Services 47 CEFR Part 22
Personal Communications Services 47 CFR Part 24
Satellite Communications 47 CFR Part 25
Miscellaneous Wireless Communications Services _| 47 CFR Part 27
Radio Broadcast Services 47 CER Part 73
Experimental Radio, Auxiliary, Special Broadcast | 47 CFR Part 74
and Other Program Distributional Services

Cable Television Relay Service 47 CFR Part 78
Stations in the Maritime Services 47 CFR Part 80
Aviation Services 47 CER Part 87

23



IV.

Requirements for Processing Applications for Equipment Certification

Each Party shall grant applications for equipment certification that are accompanied by
test reports produced by recognized testing laboratories in the other Party’s territory
under transparent terms and conditions no less favorable than those it accords to
applications for equipment certification that are accompanied by test reports produced by
recognized testing laboratories in the Party’s territory, and without regard to the
nationality of the supplier or manufacturer of the equipment, or the country of origin of
the equipment.

Each Party shall permit suppliers to apply directly for and, upon issuance, to hold
certification. A Party may require any supplier to:

(a) name the supplier’s agent or other legal representative in the Party’s
jurisdiction; and

(b) give prompt and full notice of any change of the supplier’s agent or other
legal representative.

Each Party shall process and communicate decisions regarding applications for
equipment certification that are accompanied by test reports produced by recognized
testing laboratories in the other Party’s territory at least as promptly as it processes and
communicates decisions regarding applications for equipment certification that are
accompanied by test reports produced by recognized testing laboratories in the Party’s
territory.

18


ARTICLE 14
Preservation of Regulatory Authority

t Nothing in this Agreement shall be construed as limiting a Party’s authority to interpret
and implement its technical regulations governing equipment included within the scope
of this Agreement.

2. Nothing in this Agreement shall be construed as limiting a Party’s authority to determine
the level of protection it considers appropriate with regard to safety, security, the
protection of consumers, or other risks of concern to the Party.

35 Nothing in this Agreement shall be construed to limit a Party’s authority to take all
appropriate measures whenever, as a result of market surveillance activities, equipment
has been found to be non-compliant with the Party’s technical regulations. If a Party
takes such action, it shall notify the other Party within 15 days of taking such action, and
provide its reasons.

ARTICLE 15
Recognition Fees

Each Party shall ensure that if any recognition fee is imposed by its regulatory authorities on
conformity assessment bodies for determining compliance with the Party’s requirements, the
imposition of such fee shall be transparent, reasonable, and applied to conformity assessment
bodies that the other Party has designated on terms no less favorable than those it accords to
conformity assessment bodies in its territory.

ARTICLE 16
Entry into force of the Agreement and Initiating Participation
in Phase I Procedures or Phase II Procedures

1. Each Party shall notify the other Party through a diplomatic note once it has completed
all internal legal requirements for the entry into force of this Agreement. This Agreement
shall enter into force 30 days after the date of the later notification made pursuant to this
paragraph.

2. On the date this Agreement enters into force, the Parties shall initiate participation in
Phase I Procedures set forth in Appendix B. On or before the date this Agreement enters
into force, each Party shall provide to the other Party the following information, in
writing:

(a) __ the list, which shall be set forth in Annex I, of technical regulations for which the
Party shall accept test reports from recognized testing laboratories of the other
Party, for the purpose of Phase I Procedures;


Fax:
E-mail address:
Technical regulations for which this testing laboratory has been recognized:

IL LIST OF RECOGNIZED CERTIFICATION BODIES DESIGNATED BY THE
UNITED STATES FOR PHASE II PROCEDURES

Name of certification body:

Six-character identifier:

Physical address:

Mailing address:

Nameftitle of contact person:

Phone:

Fax:

E-mail address:

Technical regulations for which this certification body has been recognized:

33


ANNEX III

LIST OF DESIGNATED CONFORMITY ASSESSMENT BODIES
FOR PHASE I AND PHASE II PROCEDURES

UNITED STATES

IL LIST OF DESIGNATED TESTING LABORATORIES FOR PHASE I
PROCEDURES

Name of testing laboratory:

Six-character identifier:

Physical address:

Mailing address:

Name/title of contact person:

Phone:

Fax:

E-mail address:

Technical regulations for which this testing laboratory has been designated:

I. LIST OF DESIGNATED CERTIFICATION BODIES FOR PHASE II
PROCEDURES

Name of certification body:

Six-character identifier:

Physical address:

Mailing address:

Name/title of contact person:

Phone:

Fax:

E-mail address:

Technical regulations for which this certification body has been designated:

ISRAEL

I. LIST OF DESIGNATED TESTING LABORATORIES FOR PHASE I
PROCEDURES

Name of testing laboratory:
Six-character identifier:
Physical address:

Mailing address:

Name/title of contact person:
Phone:

30


conformity with the requirements for accreditation set forth in Appendix A is required to
resolve the matter, the verification shall be carried out in a timely manner jointly by the
Parties with the participation of the relevant designating authority and accreditation body.

Each Party shall ensure that its conformity assessment bodies are available for
verification of their technical competence and their conformity with the requirements for
accreditation set forth in Appendix A.

The Parties and the relevant designating authority shall jointly discuss with the relevant
accreditation body and the conformity assessment body concerned the results of any
verification with a view to resolving the matter as soon as possible. Where, after
verification, the challenging Party finds that the conformity assessment body does not
meet the requirements for accreditation set forth in Appendix A, it shall give prompt
notice to the conformity assessment body concerned, to the relevant designating authority
and accreditation body, and to the other Party. The challenging Party shall provide the
recipients of the notice no fewer than 60 days after the date they receive the notice to
present information responding to the findings of the verification or correcting any
deficiencies identified as a result of the verification.

As a result of a verification and taking into account any information provided by the
conformity assessment body concerned, the relevant designating authority and
accreditation body, and the other Party, the challenging Party may:

(a) limit to certain technical regulations, suspend, or withdraw its recognition of the
designated conformity assessment body; or

(b) suspend its acceptance of the results of conformity assessment by the recognized
conformity assessment body.

A Party invoking its right under (a) or (b) shall provide 60 days advance notice of its
intent, including a written explanation of its reasons, to the conformity assessment body
concerned, to the relevant designating authority and accreditation body, and to the other

Party.

When a Party notifies its intent to take any action under this Article, that Party shall
continue to accept the results of conformity assessment undertaken by the conformity
assessment body prior to taking such action, unless that Party has good cause for not
accepting such results, in which case the Party shall provide a written explanation of the
reason for not accepting such results to the conformity assessment body concerned, to the
relevant designating authority and accreditation body, and to the other Party.

With the consent of both Parties and of the relevant designating authority and
accreditation body, matters relating to the conformity of the conformity assessment body
with the requirements for accreditation set forth in Appendix A may be referred to a
review process recognized by the Parties, or to a subcommittee of the Joint Committee
for evaluation and assistance in resolution of technical issues.


assessment — General requirements for accreditation bodies accrediting conformity
assessment bodies, of the International Organization for Standardization and the
International Electrotechnical Commission”, by its designating authorities and
accreditation bodies to ensure the continued technical competence of designated
conformity assessment bodies.

Each Party shall inform the other Party of all measures taken by its designating
authorities and accreditation bodies based on the results of reassessment and surveillance
activities regarding the continuation or renewal of accreditation of recognized conformity
assessment bodies. Likewise, each Party shall inform the other Party of any measures
taken by its accreditation bodies regarding suspension, withdrawal, or reduction of the
relevant scope of accreditation of recognized conformity assessment bodies.

On request, each Party shall provide to the other Party a valid scope and certificate of
accreditation for a designated conformity assessment body, as well as the documentation
described in Appendix B, section I, paragraph 4 or the documentation described in
Appendix C, section I, paragraph 4. If a designated conformity assessment body fails to
maintain a valid scope and certificate of accreditation, a Party may withdraw its
recognition of that designated conformity assessment body.

On request, each Party, through its own designating authorities or accreditation bodies,
shall endeavor to facilitate the observation of the assessment of a conformity assessment
body by representatives of the other Party. All costs incurred for such activities shall be
the responsibility of the Party requesting to witness the assessment.

ARTICLE 9
Verification of Conformity Assessment Bodies, Suspension of Conformity Assessment
Bodies, and Suspension of Acceptance of the Results of Conformity Assessment

Each Party shall have the right to challenge the technical competence of any conformity
assessment body designated by the other Party and whether the conformity assessment
body meets the requirements for accreditation set forth in Appendix A. A Party shall
exercise the right described in this paragraph under exceptional circumstances only, and
in accordance with the procedures described in the following paragraphs.

A Party shall invoke its right to challenge, as described in paragraph 1, by providing
written notice to the conformity assessment body concerned, the relevant designating
authority and accreditation body, and the other Party. The notice shall include an
objective and reasoned written description of the basis for the challenge, including a
description of the available evidence and findings supporting it. The challenging Party
shall provide the recipients of the notice no fewer than 60 days after the date on which
the notice is provided to present information responding to or correcting any deficiencies
that have been identified.

Where verification of a conformity assessment body’s technical competence or its


APPENDIX C
PHASE II PROCEDURES
FOR THE DESIGNATION AND RECOGNITION OF CERTIFICATION BODIES
AND MUTUAL ACCEPTANCE OF EQUIPMENT CERTIFICATIONS

This Appendix sets forth the procedures for the designation and recognition of certification
bodies, and for the mutual acceptance of equipment certifications produced by recognized
certification bodies.

IL Procedures for Designation of Certification Bodies

1. Each Party shall assign a unique six-character identifier, consisting of two letters
identifying the Party followed by four additional alpha-numeric characters, to each
designated certification body.

2. Each Party shall notify the other Party in writing of any designation of a certification
body. This notification shall include: the certification body’s name, unique six-character
identifier, physical address, and mailing address, the contact person for the certification
body, the contact person’s telephone number and email address, and the scope of the
certification body’s accreditation. This notification may be provided by a designating
authority.

3. Each Party shall promptly update, as necessary, any designation it has notified to the
other Party, for example, to revise the scope of a certification body’s accreditation.

4, When a Party first designates a certification body, that Party shall provide the other Party
the most recent assessment documentation for the designated certification body,
including, for example, the accreditation body assessment report, any accreditation body
deficiency/non-conformity report, any report on corrective actions implemented, and the
scope and certificate of accreditation.

5. Each Party shall list in Annex III all the certification bodies that it has designated.
IL. Procedures for the Recognition of Designated Certification Bodies

1. When a Party receives a notification of the designation of a certification body, the Party
shall evaluate and make a determination on recognizing the certification body under
terms and conditions no less favorable than those it accords to certification bodies in its
territory that apply for recognition. The Party shall make a determination on recognizing
the certification body within 60 days after the date on which the notification of
designation is provided. Each Party generally shall recognize a certification body
designated in accordance with the procedures of Part I of this Appendix.

2. If a Party determines not to recognize a designated certification body, in whole or in part,
the Party, within 60 days of the date on which the notification of the designation is
provided, shall provide the designating authority, the designated certification body, and


points, for the Parties’ information exchange as provided in Article 10.
The Joint Committee may consider any matter related to the operation of this Agreement.

A Party may bring any question or concern it may have regarding the interpretation or
application of this Agreement to the Joint Committee, which shall seek to answer the
question or resolve the concern.

The Joint Committee shall periodically assess the need to update references in this
Agreement to international standards and guides and may agree to update such
references.

ARTICLE 12
Additional Provisions

Each Party shall endeavor to use international standards, or the relevant parts of
international standards, as the basis for its technical regulations, where applicable
international standards exist or when their completion is imminent, except when such
international standards or relevant parts would be ineffective or inappropriate.

Each Party may specify the language in which test reports, equipment certifications,
notices of designation and recognition, and other pertinent documents shall be submitted.
Each Party may issue technical regulations in the language of its choice.

The Parties shall endeavor to harmonize their designation and conformity assessment
procedures. In order to do so, the Parties shall facilitate cooperation between their
respective designating authorities and conformity assessment bodies, including their
participation in coordination meetings, mutual recognition agreements, and working
group meetings.

ARTICLE 13
Confidentiality

Neither Party may require a designating authority, accreditation body, or conformity
assessment body of the other Party to disclose to it a supplier’s proprietary information
except where necessary to demonstrate conformity with the Party’s technical regulations.

Each Party, in accordance with its applicable domestic laws and regulations, shall protect
the confidentiality of any proprietary information disclosed to it by a designating
authority, accreditation body, or conformity assessment body of the other Party in
connection with conformity assessment.


I. LIST OF TECHNICAL REGULATIONS FOR PHASE II PROCEDURES

The existing technical regulations for which Israel accepts equipment certifications from
recognized certification bodies designated by the United States are:

Intentionally left blank.

25


MUTUAL RECOGNITION AGREEMENT
BETWEEN
THE GOVERNMENT OF
THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE STATE OF ISRAEL
FOR CONFORMITY ASSESSMENT OF
TELECOMMUNICATIONS EQUIPMENT


ARTICLE 19
Appendices and Annexes

1. The following Appendices constitute integral parts of this Agreement:

(a)

()

©

Appendix A, “Requirements for Accreditation and Designation of Conformity
Assessment Bodies”;

Appendix B, “Phase I Procedures for the Designation and Recognition of Testing
Laboratories and Mutual Acceptance of Test Reports”;

Appendix C, “Phase II Procedures for the Designation and Recognition of
Certification Bodies and Mutual Acceptance of Equipment Certifications.”

2. The following Annexes do not constitute integral parts of this Agreement:

(a) Annex I, “List of Technical Regulations for Phase I and Phase II Procedures”;

(b) Annex II, “List of Designating Authorities, Regulatory Authorities, and
Accreditation Bodies for Phase I and Phase II Procedures”;

(c) Annex III, “List of Designated Conformity Assessment Bodies for Phase I and
Phase II Procedures”; and

(d) Annex IV, “List of Recognized Conformity Assessment Bodies for Phase I and
Phase II Procedures.”

3. In the event of any inconsistency between a provision in an Article of this Agreement and

a provision in an Appendix to this Agreement, the provision in the Appendix shall
prevail, to the extent of the inconsistency.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective
Governments, have signed this Agreement.

DONE in duplicate at Jerusalem on the 15th day of October, 2012, corresponding to the 29th day
of Tishrei, 5773, in the Hebrew calendar, in the English and Hebrew languages, all texts being

equally authentic.

|

FOR THE GOVERNMENT QF FOR THE GOVERNMEN)OF
THE UNITED STATES OF AMERICA THE STATE OF ISRAI

Le

12


(b) the list, which shall be set forth in Annex II, of the designating authorities that
will be responsible for designating testing laboratories, the regulatory authorities
that will be responsible for recognizing testing laboratories, and any accreditation
bodies that the designating authorities intend to appoint for accrediting designated
testing laboratories, for the purpose of Phase I Procedures.

The Parties may decide, through the Joint Committee, to initiate participation in Phase II
Procedures, set forth in Appendix C, at a mutually agreed time. On or before the date on
which the Parties initiate participation in Phase II Procedures, each Party shall provide to
the other Party the following information, in writing:

(a) the list, which shall be set forth in Annex I, of technical regulations for which the
Party shall accept equipment certifications from recognized certification bodies of
the other Party, for the purpose of Phase II Procedures;

(b) the list, which shall be set forth in Annex II, of the designating authorities that
will be responsible for designating certification bodies, the regulatory authorities
that will be responsible for recognizing certification bodies, and any accreditation
bodies that the designating authorities intend to appoint for accrediting designated
certification bodies, for the purpose of Phase II Procedures.

ARTICLE 17
Amendment and Modification

This Agreement may be amended by written agreement of the Parties.

Without derogating from the provisions of this Agreement, a Party may modify its lists of
technical regulations (Annex I), designating authorities, regulatory authorities, and
accreditation bodies (Annex II), designated conformity assessment bodies (Annex III),
and recognized conformity assessment bodies (Annex IV), as specified in Article 10,
without the consent of the other Party

ARTICLE 18
Termination

A Party may terminate this Agreement by providing written notice of termination to the
other Party. The termination shall take effect on a date the Parties agree or, if the Parties
cannot agree, 12 months after the date on which the notice of termination is received.

Following notice of termination of this Agreement by either Party under paragraph 1, a
Party shall accept test reports that recognized testing laboratories provide before the date
on which the Agreement terminates, unless the Party decides otherwise for justified
reasons and so notifies the other Party, in writing. For greater clarity, a Party may
provide such notice in its notice of termination.


ANNEX IV

LIST OF RECOGNIZED CONFORMITY ASSESSMENT BODIES
FOR PHASE I AND PHASE II PROCEDURES

UNITED STATES

I. LIST OF RECOGNIZED TESTING LABORATORIES DESIGNATED BY
ISRAEL FOR PHASE I PROCEDURES

Name of testing laboratory:

Six-character identifier:

Physical address:

Mailing address:

Name/title of contact person:

Phone:

Fax:

E-mail address:

Technical regulations for which this testing laboratory has been recognized:

118 LIST OF RECOGNIZED CERTIFICATION BODIES DESIGNATED BY ISRAEL
FOR PHASE II PROCEDURES

Name of certification body:

Six-character identifier:

Physical address:

Mailing address:

Name/title of contact person:

Phone:

Fax:

E-mail address:

Technical regulations for which this certification body has been recognized:

ISRAEL

L LIST OF RECOGNIZED TESTING LABORATORIES DESIGNATED BY THE
UNITED STATES FOR PHASE I PROCEDURES

Name of testing laboratory:
Six-character identifier:
Physical address:

Mailing address:

Nameftitle of contact person:
Phone:

32


Fax:
E-mail address:
Technical regulations for which this testing laboratory has been designated:

Il. LIST OF DESIGNATED CERTIFICATION BODIES FOR PHASE II
PROCEDURES

Name of certification body:

Six-character identifier:

Physical address:

Mailing address:

Namettitle of contact person:

Phone:

Fax:

E-mail address:

Technical regulations for which this certification body has been designated:

31


A limitation, suspension, or withdrawal of recognition, or a suspension of acceptance of
the results of conformity assessment, shall remain in effect until the Parties jointly decide
on the future status of the conformity assessment body.

ARTICLE 10
Information Exchange

Each Party shall maintain in Annex I a list of its technical regulations for Phase I
Procedures and Phase II Procedures.

Within 60 days after a Party adopts a new technical regulation, or an amendment to an
existing technical regulation, the Party shall modify its list in Annex I, as appropriate.
Each Party shall promptly notify the other Party of any modification of Annex I.

The Parties shall consult as necessary in order to maintain their confidence in conformity
assessment and to ensure that the Parties satisfactorily address any concerns either Party
may have about the other Party’s technical regulations.

Each Party shall promptly provide written notice to the other Party of any changes to its:
list of designating authorities, regulatory authorities, and accreditation bodies (Annex II),
list of designated conformity assessment bodies (Annex Ill), or list of recognized
conformity assessment bodies (Annex IV).

On or before the date this Agreement enters into force, each Party shall notify the other
Party in writing of the contact persons to be responsible for activities under this
Agreement. Each Party shall inform the other Party whenever the contact persons
responsible for activities under this Agreement may change.

ARTICLE 11
Joint Committee

The Parties hereby establish a Joint Committee, consisting of one or more representatives
from relevant government bodies of each Party. The Joint Committee shall be co-chaired
by a representative of each Party.

The Joint Committee shall determine its own rules of procedure. The Joint Committee
shall take decisions by agreement of its co-chairs.

The Joint Committee shall convene at the request of either Party. The Joint Committee
may convene in parallel to the Joint Committee established under the Agreement on the
Establishment of the Free Trade Area between the Parties, signed on April, 22 1985.

The Joint Committee shall establish appropriate channels, including relevant contact


Party with a copy of the equipment certification report within 30 days of such a
request. If the certification body cannot provide the equipment certification report
within 30 days, the certification body shall provide to the Party a statement
explaining why the equipment certification report cannot be provided. Failure to
provide an equipment certification report upon request may be grounds for the
importing Party to revoke the equipment certification or to take other measures in
accordance with this Agreement.

22


1. Name of Regulatory Authority: Ministry of Communications

Physical address: 9 Ehad Ha’am st., Tel-Aviv, Israel

Mailing address: P.O. Box 29107, Tel-Aviv 61290, Israel

Home page address: www.moc.gov.il

Name/title of contact person: Mr. Nati Schubert/Senior Deputy Director General, Spectrum
Management and Frequency Licensing

Phone: +972-3-5198281

Fax: +972-3-5198103

E-mail address: schubertn@moc.gov.il

2. Name of Regulatory Authority: Commissioner of Standardization, Ministry of Industry, Trade
and Labor

Physical address: 5 Bank of Israel St., Jerusalem, Israel

Mailing address: 5 Bank of Israel St., Jerusalem, Israel, 91036

Home page address: www.moital.gov.il

Name/title of contact person: Grisha Deitch, Commissioner of Standardization

Phone: 972-2-6662296

Fax: 972-2-6662943

E-mail address: Grisha@moital.gov.il
Accreditation Bodies

1. Name of Accreditation Body: Israel Laboratory Accreditation Body
Physical address: 12 Kineret St, Lod Airport 70150, Israel

Mailing address: P.O. Box 89, Lod Airport 70150, Israel

Home page address: http://www. israc.gov.il

Name/title of contact person: Mrs. Etty Feller , General Manger (CEO)
Phone: 972-3-9702727

Fax: 972-3-9702413

E-mail address: ettyf@israc.gov.il

2. Name of Accreditation Body: A2LA

Physical address: 5301 Buckeystown Pike, Suite 350, Frederick, MD 21704-8373, United States
Mailing address: 5301 Buckeystown Pike, Suite 350, Frederick, MD 21704-8373, United States
Home page address: http://a2la.org

Namertitle of contact person: Adam Gouker

Phone: +1 301 644-3217

Fax: + 1 301 662-2974

E-mail address: agouker@a2la.org

3. Name of Accreditation Body: ANSI-ASQ National Accreditation Board/ACLASS (ACLASS)
Physical address: 500 Montgomery Street, Alexandria, VA 22314
Mailing address: 500 Montgomery Street, Suite 625, Alexandria, VA 22314

Home page address: www.aclasscorp.com
Name/title of contact person: Dr. Bill Hirt, Director of Accreditation

Phone: +1 (703) 836-0025 x226

28


ARTICLE 3
Scope

This Agreement applies to conformity assessment of equipment that may be attached to a
public telecommunications network and other equipment subject to telecommunications
regulation, whether wire or wireless and including terrestrial and satellite equipment,
whether or not connected to a public telecommunications network. This Agreement does
not apply to conformity assessment of equipment which can only be connected behind
devices providing adequate network protection for a public telecommunications network
as long as the equipment is not subject to conformity assessment procedures that apply to
network terminal attachment.

This Agreement applies to those technical regulations that the Parties list in Annex I,
namely technical regulations for network terminal equipment and _ other
telecommunications equipment, including regulations concerning conformity assessment
and electromagnetic compatibility.

This Agreement applies to recognized conformity assessment bodies designated by each
Party as listed in Annex III.

This Agreement shall not be interpreted as acceptance by one Party of the standards or
technical regulations of the other Party, or as mutual recognition of the equivalence of the
Parties’ standards or technical regulations.

ARTICLE 4
Designating Authorities, Regulatory Authorities, and Accreditation Bodies

Each Party shall ensure that its designating authorities have the authority and competence
to designate, list, verify the compliance of, limit the designation of, and withdraw the
designation of conformity assessment bodies within the designating authorities’
jurisdiction. Each Party also shall ensure that its regulatory authorities have the authority
and competence to recognize conformity assessment bodies that the other Party
designates for recognition under this Agreement.

Each Party’s designating authorities shall take such measures as necessary to ensure that
conformity assessment bodies that such authorities have designated maintain the required
technical competence to perform the conformity assessment for which they have been
designated.

Any designating authority of a Party also may appoint an accreditation body to accredit
conformity assessment bodies while maintaining full responsibility as a designating
authority under this Agreement.

Each Party shall list, in Annex II, its designating authorities, regulatory authorities, and
accreditation bodies.


(©)

@

©

components and parts shall be returned to the supplier unless the supplier has
otherwise requested in writing;

the certification body shall demonstrate expert knowledge of the importing
Party’s technical regulations listed in Annex I for Phase II Procedures for each
equipment type, including knowledge and understanding of interpretations and
policies for each equipment type with respect to which the certification body
seeks designation;

to ensure that the certification body has up-to-date technical competence,
knowledge, and expertise in order to evaluate test data and test reports, and to
reach the appropriate conclusion when assessing the conformity of equipment
with applicable technical regulations, the certification body shall have the
technical expertise and capability to test the equipment that it certifies.
Alternatively, the certification body may enter into contractual arrangements with
testing laboratories so that the personnel of the certification body has access to
personnel and facilities able to carry out the required testing and so that the
personnel can oversee and supervise the testing in order to maintain up-to-date
expertise and understanding of the applicable technical regulations;

the certification body shall demonstrate, through assessment, general competence,
experience, and familiarity with the importing Party’s technical regulations listed
in Annex I for Phase II Procedures and equipment subject to those technical
regulations, as well as through conformity with applicable parts of ISO/IEC
17025:2005 and Guide 65:1996. The certification body shall also demonstrate
that it is able to identify situations that call for interpretations of technical
regulations or conformity assessment procedures. The appropriate key
certification personnel shall know which officials of the importing Party they
must contact to obtain current and correct interpretations of technical regulations.


TIL.

the other Party an explanation, in writing, of the basis for its determination.

When a Party notifies its determination not to recognize a designated testing laboratory in
accordance with paragraph 2, the Party shall provide the recipients of the notice no fewer
than 60 days after the date on which the notice is provided to present information
responding to or correcting any deficiencies that form the basis for the Party’s
determination to not recognize the testing laboratory.

If additional information is presented in accordance with paragraph 3, the Party that
determined not to recognize the designated testing laboratory shall reevaluate its
determination and make a further determination on recognizing the designated testing
laboratory in light of the additional information presented, under terms and conditions no
less favorable than those it accords to the testing laboratories in the Party’s territory that
apply for recognition. Within 30 days of the date on which additional information is
presented under paragraph 3, the Party shall notify the designating authority, the
designated testing laboratory, and the other Party of its further determination.

The Parties may jointly refer any matter relating to the designation or recognition of a
testing laboratory to a review process the Parties consider appropriate, or to a
subcommittee of the Joint Committee for evaluation and assistance in resolving relevant
technical issues.

Each Party shall list in Annex IV each of the testing laboratories that it has recognized.
Procedures for the Mutual Acceptance of Test Reports

After a Party has recognized a testing laboratory that the other Party has designated, the
regulatory authorities of the Party shall accept test reports produced by the recognized
testing laboratory in accordance with the procedures in Article 7 and this Appendix.

After receiving a test report, each Party’s regulatory authorities shall:

(a) examine the test report promptly to ensure that the data and documentation
contained in the test report are complete;

(b) _ inform the applicant in writing of any deficiency in the test report in a timely and
precise manner;

(c) limit any request for additional information from the testing laboratory to
omissions, inconsistencies, and/or variances from the Party’s technical
regulations; and

(d) avoid re-testing and duplicate testing, in particular where, for example, there is a

change in commercial distribution agreements, logo, packaging, or a minor
equipment change that does not affect compliance with technical regulations.

7


arrangements within a Party’s jurisdiction that have an impact on conformity assessment of
telecommunications equipment within the scope of this Agreement, as described in Article 3;

certification body means a body that performs certification;

conformity assessment body means a body, which may include a third party or a supplier’s
testing laboratory, or a certification body, that assesses whether telecommunications equipment
conforms to a Party’s technical regulations;

designation means the act by a designating authority of designating a conformity assessment
body to assess whether telecommunications equipment conforms to a Party’s technical
regulations;

designated conformity assessment body means a conformity assessment body that has been
designated by a Party pursuant to this Agreement;

Phase I Procedures means the procedures for the designation and recognition of testing
laboratories and mutual acceptance of test reports, set forth in Appendix B;

Phase II Procedures means the procedures for the designation and recognition of certification
bodies and mutual acceptance of equipment certifications, set forth in Appendix C;

public telecommunications network means public telecommunications infrastructure that
permits telecommunications between defined network termination points;

recognition means the act by a regulatory authority of recognizing that a conformity assessment
body is competent to perform conformity assessment and that the results of conformity
assessment will be accepted from that conformity assessment body;

recognized conformity assessment body means a conformity assessment body that has been
designated by one Party and recognized by the other Party pursuant to this Agreement;

regulatory authority means a government agency or entity that exercises a legal right to control
the use or sale of telecommunications equipment within a Party’s territory and that may take
enforcement action to ensure that products marketed within the Party’s territory comply with the
Party’s legal requirements;

technical regulations means those technical requirements, legislative and regulatory provisions,
and administrative arrangements that a Party has specified in Annex I pertaining to the testing or
certification of equipment with respect to which compliance is mandatory;

testing laboratory is a laboratory that performs testing.

In the event of any inconsistency between a definition in ISO/IEC 17000:2004 and a definition in
this Agreement, the definition in this Agreement shall prevail.


ANNEX II

LIST OF DESIGNATING AUTHORITIES, REGULATORY AUTHORITIES, AND
ACCREDITATION BODIES FOR PHASE I AND PHASE II PROCEDURES

UNITED STATES

I LIST OF DESIGNATING AUTHORITIES, REGULATORY AUTHORITIES,
AND ACCREDITATION BODIES FOR PHASE I PROCEDURES

Designating Authorities

1. Name of Designating Authority: National Institute of Standards and Technology (NIST) or an
authority succeeding this institute.

Physical address: 100 Bureau Drive, Gaithersburg, MD 20899-1070

Mailing address: 100 Bureau Drive, Stop 1070, Gaithersburg, MD 20899-1070

Home page address: http://www.nist.gov

Nameftitle of contact person: Ramona Saar

Phone: +1 (301) 975-5521

Fax: + 1 (301) 975-4715

E-mail address: ramona.saar@nist.gov

Regulatory Authorities

1. Name of Regulatory Authority: Federal Communications Commission
Physical address: 7435 Oakland Mills Road, Columbia, MD 21046
Mailing address: 7435 Oakland Mills Road, Columbia, MD 21046
Home page address: http://www.fec.gov

Nameftitle of contact person: William Hurst

Phone: +1 (301) 362-3031

Fax: +1 (301) 362-3290

E-mail address: William.Hurst@fcc.gov

Accreditation Bodies

1. Name of Accreditation Body: American Association for Laboratory Accreditation (A2LA)
Physical address: 5301 Buckeystown Pike, Frederick, MD 21704

Mailing address: 5301 Buckeystown Pike, Suite 350, Frederick, MD 21704

Home page address: www.a2la.org

Namettitle of contact person: Adam Gouker

Phone: +1 301 644-3217

Fax: +1 301 662-2974

E-mail address: agouker@a2la.org

26


THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE
GOVERNMENT OF THE STATE OF ISRAEL (referred to in this Agreement collectively as
“Parties” and individually as “Party”);

RECOGNIZING that market access between the territories of the Parties will be enhanced if the
Parties mutually recognize test results and equipment certifications undertaken in the context of
conformity assessment;

RECOGNIZING that in order to establish this mutual recognition, each Party must have
confidence in the reliability of conformity assessment procedures of the other Party;

RECALLING the obligations of the Parties as Members of the World Trade Organization
(“WTO”), specifically their obligations under the WTO Agreement on Technical Barriers to
Trade;

RECOGNIZING that an agreement for mutual recognition of the results of conformity
assessment is of particular importance to telecommunication equipment suppliers of both Parties;

RECOGNIZING that the Parties have mutual interest in the telecommunication sector;

HAVE AGREED as follows:

ARTICLE 1
Purpose of the Agreement

This Agreement is intended to streamline conformity assessment for a wide range of
telecommunications and telecommunications-related equipment and thereby to facilitate trade
between the Parties. This Agreement provides for the mutual recognition by the Parties of
designated conformity assessment bodies and acceptance of the results of testing and equipment
certifications undertaken by recognized conformity assessment bodies in assessing conformity of
equipment to a Party’s technical regulations.

ARTICLE 2
Definitions and Interpretation

General terms associated with test reports and conformity assessment used in this Agreement
shall have the meaning assigned to those terms in “ISO/IEC 17000:2004, Conformity assessment
— Vocabulary and general principles, of the International Organization for Standardization and
the International Electrotechnical Commission” (hereinafter “ISO/IEC 17000:2004”) unless
specifically defined otherwise in this Agreement. In addition, for the purpose of this Agreement,
the following definitions shall apply:

administrative arrangements means any publicly available procedures or legal or contractual


Fax: + 1 (703) 836-0040
E-mail address: bhirt@anab-aclass.org

I. LIST OF DESIGNATING AUTHORITIES, REGULATORY AUTHORITIES,
AND ACCREDITATION BODIES FOR PHASE II PROCEDURES

Intentionally left blank.

29


APPENDIX A
REQUIREMENTS FOR ACCREDITATION AND DESIGNATION
OF CONFORMITY ASSESSMENT BODIES

This Appendix sets forth the general requirements for the accreditation and designation of
conformity assessment bodies under this Agreement.

L Technical Competence

1. The technical competence of a conformity assessment body shall be demonstrated by
means of accreditation, including with regard to the following:

(a) technological knowledge of the relevant equipment, processes and
services;

(b) understanding of the technical regulations and the general protection
requirements for which designation is sought;

(c) knowledge relevant to the applicable technical regulations;

(d) practical capability to perform the relevant conformity assessment
procedures;

(©) adequate management of the conformity assessment procedures
concerned; and

(f) any other evidence necessary to give assurance that the conformity
assessment procedures shall be adequately performed on a consistent basis.

2. To ensure consistency of the designation and accreditation processes, the relevant
international standards and guides for conformity assessment shall be used in conjunction
with the technical regulations of a Party to determine the technical competency of a
conformity assessment body. The following list of relevant ISO/IEC standards and
guides shall be applied for the purpose of determining the technical competency of a
conformity assessment body:

(a) ISO/IEC 17011:2004 — Conformity assessment - General requirements for
accreditation bodies accrediting conformity assessment bodies;

(b) — ISOMIEC_ 17025:2004 — General requirements for the competence of
testing and calibration laboratories; and

(c) ISO/IEC Guide 65:1996 — General requirements for bodies operating
product certification systems.

13


APPENDIX B
PHASE I PROCEDURES
FOR THE DESIGNATION AND RECOGNITION OF TESTING LABORATORIES
AND MUTUAL ACCEPTANCE OF TEST REPORTS

This Appendix sets forth the procedures for the designation and recognition of testing
laboratories, and for the mutual acceptance of test reports produced by recognized testing
laboratories.

I Procedures for Designation of Testing Laboratories

1. Each Party shall assign a unique six-character identifier, consisting of two letters
identifying the Party followed by four additional alpha-numeric characters, to each
designated testing laboratory.

2. Each Party shall notify the other Party in writing of any designation of a testing
laboratory. This notification shall include: the testing laboratory’s name, unique six-
character identifier, physical address, and mailing address, the contact person for the
testing laboratory, the contact person’s telephone number and email address, and the
scope of the testing laboratory’s accreditation. This notification may be provided by a
designating authority.

3. Each Party shall promptly update, as necessary, any designation it has notified to the
other Party, for example, to revise the scope of a testing laboratory’s accreditation.

4. When a Party first designates a testing laboratory, that Party shall provide the other Party
the most recent assessment documentation for the designated testing laboratory,
including, for example, the accreditation body assessment report, accreditation body
deficiency/non-conformity report, report on corrective actions implemented, and scope
and certificate of accreditation.

5. Each Party shall list in Annex III all the testing laboratories that it has designated.
Il. Procedures for the Recognition of Designated Testing Laboratories

1. When a Party receives a notification of the designation of a testing laboratory, the Party
shall evaluate and make a determination on recognizing the testing laboratory under
terms and conditions no less favorable than those it accords to testing laboratories in its
territory that apply for recognition. The Party shall make a determination on recognizing
the testing laboratory within 60 days after the date on which the notification of
designation is provided. Each Party generally shall recognize a testing laboratory
designated in accordance with the procedures of Part I of this Appendix.

2. If a Party determines not to recognize a designated testing laboratory, in whole or in part,
the Party, within 60 days of the date on which the notification of the designation is
provided, shall provide the designating authority, the designated testing laboratory, and