DOCSLIB.ORG

Israel – Accession Report on Competition Law and Policy 2011

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Israel – Accession Report on Competition Law and Policy 2011 Israel – Accession Report on Competition Law and Policy 2011 This Review of Competition Law, Policy and Enforcement in Israel is part of a series of reviews of national policies undertaken for the OECD Competition Committee. It was prepared as part of the process of Israel’s accession to OECD membership. The Competition Committee was requested to examine Israel’s position with respect to core competition features and to provide OECD Council with a formal opinion on the willingness and ability of Israel to assume the obligations of OECD membership. In doing so, the Competition Committee assessed the degree of coherence of Israel‘s competition law and policy with that of OECD Member countries. This report, prepared as part of the Competition Committee’s accession review, highlights some of the key challenges facing Israel in its implementation and enforcement of competition policy. After completion of its internal procedures, Israel became an OECD member on 7 September 2010. Competition Law and Policy Reviews Competition Law and Policy in Israel 2011 The Review of Competition Law and Policy in Israel was prepared as part of the process of Israel’s accession to OECD membership. The report describes the policy foundations, Competition Law and Policy Reviews substantive competition law and enforcement experience, institutional structure as well as treatment of competition issues in regulatory and legislative processes. The review Competition Law and Policy Reviews Reviews Policy and Law Competition then examines these findings under three assessment themes: the current situation Competition Law of competition policy and enforcement; the magnitude and direction of change in competition policy over the last 5-10 years; the extent of conformity with the particular OECD competition recommendations. and Policy in Israel 2011 Competition Law and Policy in Israel2011 in CompetitionPolicy and Law Please cite this publication as: OECD (2011), Competition Law and Policy in Israel 2011, OECD Publishing. http://dx.doi.org/10.1787/9789264097667-en This work is published on the OECD iLibrary, which gathers all OECD books, periodicals and statistical databases. Visit www.oecd-ilibrary.org, and do not hesitate to contact us for more information. ISBN 978-92-64-09766-7 24 2011 02 1 E -:HSTCQE=U^\[[\: Competition Law and Policy in Israel 2011 This work is published on the responsibility of the Secretary-General of the OECD. The opinions expressed and arguments employed herein do not necessarily reflect the official views of the Organisation or of the governments of its member countries. ISBN 978-92-64-09766-7 (PDF) Series: Competition Law and Policy Reviews ISSN 2220-9158 (online) Corrigenda to OECD publications may be found on line at: www.oecd.org/publishing/corrigenda. © OECD 2011 You can copy, download or print OECD content for your own use, and you can include excerpts from OECD publications, databases and multimedia products in your own documents, presentations, blogs, websites and teaching materials, provided that suitable acknowledgment of OECD as source and copyright owner is given. All requests for public or commercial use and translation rights should be submitted to [email protected]. Requests for permission to photocopy portions of this material for public or commercial use shall be addressed directly to the Copyright Clearance Center (CCC) at [email protected] or the Centre français d’exploitation du droit de copie (CFC) at [email protected]. FOREWORD This review of Competition Law, Policy and Enforcement in Israel is part of a series of reviews of national policies undertaken for the OECD Competition Committee. It was prepared as part of the process of Israel’s accession to OECD membership. The OECD Council decided to open accession discussions with Israel on 16 May 2007 and an Accession Roadmap, setting out the terms, conditions and process for accession, was adopted on 30 November 2007. In the Roadmap, the OECD Council requested a number of OECD Committees to provide it with a formal opinion. In light of the formal opinions received from OECD Committees and other relevant information, the OECD Council decided to invite Israel to become a Member of the Organisation on 10 May 2010. The Competition Committee (the “Committee”) was requested to examine Israel’s position with respect to core competition features and to provide Council with a formal opinion on the willingness and ability of Israel to assume the obligations of OECD membership. In doing so, the Competition Committee assessed the degree of coherence of Israel’s competition law and policy with that of OECD Member countries. This report, prepared as part of the Competition Committee’s accession review, highlights some of the key challenges facing Israel in its implementation and enforcement of competition policy. The review found that Israel’s comprehensive Restrictive Trade Practices Law (the “Law”) deals substantively with restrictive agreements, monopoly and mergers. Hard core cartels are ordinarily prosecuted as per se violations. The review noted that administrative and judicial decisions applying the competition law show methodological sophistication informed by close attention to contemporary judicial and academic analysis both in Israel and world wide. The Israel Antitrust Authority (IAA) which was established as an independent body has now matured into a highly respected agency, and it is expected that the resource challenge will be overcome to maintain the IAA’s current stature. COMPETITION LAW AND POLICY IN ISRAEL © OECD 2011 3 The review also stressed the need to devote particular attention to improve IAA’s capacity to cooperate with foreign competition agencies, specially by modifying the statute that limits exchange of confidential information to cases involving criminal conduct. Other priority areas for improvement include increasing deterrence through stricter sentencing of hardcore cartel participants, increased use of leniency and injunctions, adjustment of market share criteria in merger control to improve objectivity. The review of Competition Law, Policy and Enforcement in Israel was conducted on the basis of a comprehensive self assessment by the Israeli authorities and Israel’s answers to a detailed questionnaire, supplemented by information gathered from a Secretariat fact finding mission, interviews with public officials, markets participants, academics and relevant literature. The draft report was discussed with representatives from Israel at the Competition Committee meeting in October 2008. This final version of the report reflects the situation as of February 2009. It is released on the responsibility of the Secretary General of the OECD. This review was prepared by Jay Shaffer, Michael Wise and Patricia Hériard Dubreuil, under the overall supervision of Robert Ley of the Directorate for Enterprise and Financial affairs. This background report was submitted to assist the Competition Committee in assessing Israel’s willingness and ability to assume the obligations of OECD membership with respect to competition policy. It is based on the Initial Memorandum that Israel submitted concerning the compatibility of its laws and policies with OECD principles, responses to the Secretariat’s follow-up questionnaire, and findings from the Secretariat’s fact-finding mission and research. The report describes the context and foundations of competition policy, substantive law and enforcement experience, institutions, special exclusions and sectoral regulatory regimes, and the treatment of competition issues in regulatory and legislative processes. The concluding section summarises these findings in accordance with the three themes that the Committee prescribed for its assessment: the current situation of competition policy and enforcement, the magnitude and direction of change in competition policy over the past five to ten years, and the extent of Israel’s conformity with the particular recommendations in the OECD competition policy instruments .* * The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. 4 COMPETITION LAW AND POLICY IN ISRAEL © OECD 2011 TABLE OF CONTENTS Executive Summary ..................................................................................... 7 1. Foundations ...................................................................................... 11 2. Substantive issues: content and application of the competition law ...................................................................... 14 2.1 Restrictive arrangements .......................................................... 14 2.1.1 Horizontal restrictive arrangements.......................................... 20 2.1.2 Vertical restrictive arrangements .............................................. 25 2.2 Monopoly ................................................................................. 28 2.3 Mergers ..................................................................................... 35 2.4 Unfair competition .................................................................... 46 2.5 Consumer protection ................................................................ 47 3. Institutional issues: enforcement structures and practices .......... 48 3.1 Competition policy institutions ...............................................
Load more

Recommended publications
  • Review of the Corporate Governance of Statutory Authorities and Office Holders Review of the Corporate Governance of Statutory Authorities and Office Holders
    REVIEW OF THE CORPORATE GOVERNANCE OF STATUTORY AUTHORITIES AND OFFICE HOLDERS REVIEW OF THE CORPORATE GOVERNANCE OF STATUTORY AUTHORITIES AND OFFICE HOLDERS June 2003 © Commonwealth of Australia 2003 ISBN 0-9580419-8-9 This work is copyright. Apart from any used as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth available from the Department of Communications, Information Technology and the Arts. Requests and inquiries concerning reproduction and rights should be addressed to: Commonwealth Copyright Administration Intellectual Property Branch Department of Communications, Information Technology and the Arts GPO Box 2154 Canberra ACT 2601 or posted at http://www.dcita.gov.au/cca Design and layout by Whizzbang Art, Canberra Printed by Canprint Communications iii iv TABLE OF CONTENTS Letter of transmittal . .iii Executive summary . .1 Background to the review . .1 Terms of reference . .1 The review process . .1 Governance . .2 Developing good governance for the public sector . .3 What the review found . .5 Good governance going forward . .7 The principles . .10 The templates . .10 Summary of recommendations . .11 Summary of better practice guidance for boards . .13 Chapter 1 – Introduction . .15 Background to the review . .15 Terms of reference . .15 What are statutory authorities and who are office holders? . .16 What is corporate governance? . .17 The review process . .18 Chapter 2 – Governance . .21 What is meant by the term ‘governance’? . .21 Why we should look to see what the private sector has to offer . .26 Governance of statutory authorities . .30 The appropriate structures for statutory authorities . .34 Chapter 3 – What the review found .
    [Show full text]
  • Assessment of Statutory Frameworks of Tribunals in India
    GOVERNMENT OF INDIA LAW COMMISSION OF INDIA Report No.272 Assessment of Statutory Frameworks of Tribunals in India October, 2017 ii Report No. 272 Assessment of Statutory Frameworks of Tribunals in India Table of Contents Chapter Title Page I Introduction 1-9 II Tribunal System: A Global Perspective 10-20 III Tribunal System in India 21-33 IV Revisiting Recommendations of the Previous Law Commissions 34-42 V Uniformity in Appointment, Qualifications, Tenure and Conditions 43-53 of Service VI Power of Judicial Review under the Constitution 54-64 VII Appeals to High Courts and the Supreme Court 65-77 VIII Bypassing the Jurisdiction of High Courts 78-85 IX Exclusion of Jurisdiction of all courts by an alternative mechanism 86-93 and Access to Justice X Conclusions and Recommendations 94-100 Annexure I – The Tribunals Merged vide Finance Act, 2017 101 Annexure II – Removal Provisions relating to Tribunals 102-107 Annexure III –Tribunals from where the appeal lies to the High 108 Court Annexure IV – Tribunals from where appeal lies to the Supreme 109 Court Annexure V – Tribunals from where appeal lies to the Appellate 110-111 Tribunals/Authorities Annexure VI – The Acts which precludes the jurisdiction of Civil 112-114 Courts iii CHAPTER – I INTRODUCTION 1.1. The term ‘Tribunal’ is derived from the word ‘Tribunes’, which means ‘Magistrates of the Classical Roman Republic’. Tribunal is referred to as the office of the ‘Tribunes’ i.e., a Roman official under the monarchy and the republic with the function of protecting the plebeian citizen from arbitrary action by the patrician magistrates.
    [Show full text]
  • SUPREME COURT of INDIA Page 1 of 63 PETITIONER: SUKHDEV SINGH & ORS
    http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 63 PETITIONER: SUKHDEV SINGH & ORS Vs. RESPONDENT: BAGATRAM SARDAR SINGH RAGHUVANSHI AND ANR. DATE OF JUDGMENT21/02/1975 BENCH: RAY, A.N. (CJ) BENCH: RAY, A.N. (CJ) MATHEW, KUTTYIL KURIEN CHANDRACHUD, Y.V. ALAGIRISWAMI, A. GUPTA, A.C. CITATION: 1975 AIR 1331 1975 SCR (3) 619 1975 SCC (1) 421 CITATOR INFO : R 1976 SC 888 (9) R 1976 SC1027 (14) RF 1976 SC1913 (11) RF 1976 SC2216 (7) D 1978 SC 252 (12) D 1979 SC 65 (3,10) D 1979 SC1084 (20) F 1979 SC1628 (10,13,15,16,18,27,33) R 1980 SC 840 (8,10,14,21) RF 1980 SC2181 (136) RF 1981 SC 212 (32,36,38,42,44,46,48,49,50,52 RF 1981 SC 487 (8,14,16) RF 1981 SC 818 (19) RF 1981 SC1395 (10) R 1982 SC 917 (20) F 1984 SC 363 (22) F 1984 SC 541 (13) RF 1984 SC1130 (53) RF 1984 SC1361 (26,27) RF 1984 SC1897 (7,8) APL 1985 SC1046 (5) RF 1986 SC1370 (101) R 1986 SC1571 (43,51,69,105) RF 1987 SC1086 (12,15,26) RF 1988 SC 469 (6,7,8,9) APL 1989 SC 341 (9) F 1991 SC 101 (12,32,35,40,170,201,223,236) RF 1992 SC 76 (2) ACT: Statutory Corporations--Regulations made by, whether have force of law--Whether employees of corporation are servants of Union or State. Constitution of India, Art. 12--Whether statutory corporations are 'State' or 'authority'.
    [Show full text]
  • Common Law Liability of Statutory Authorities
    JULY 19971 Common Law Liability of Statutory Authorities The High Court of Austmlia has heard ar;q~i?tlc'ntor1 clppc~aljromthe Victorian Court oJ' Apl~eaIin Pyrenccs Shire Council v Day, a case corzcerni~zgthe liahilit). of strltutory a~lthoritiesin nc.gligrrzc.e. The Court has yet to tieliverj~tdgnirn<hut it is crly~arc~ntfrorn the trartscripls of'ar,yunlmt, which circ, availtrhlc rrt the Au.strrrla.sian Le,yal 1r1fi)rrnatiovr Institcltr, (Au.rlLI1)Internet site, ~hu/there is a rz.ulpro.s~~ec.ttl~rrt the Court will move away ,from the principles stated CI ciecade c~goivr Sulherland Shirc Council v Hcyman. This article revisit.^ Heyman, d(~.sc.rihc.sI~CJ po,st-Hcyman devrlopinerlt of'tlrc' law rcllnting to the liahilih of stututoiy acrthorities, and .sprc~ulutc~.suho~~t the path that the High Court is likely to take in Pyrenees. 1. INTRODUCTION In some respects, statutory bodies such as local authorities are no different from other defendants so far as liability in negligence is concerned. If a statutory authority has actively caused the plaintiff's loss by, for example, negligently making a misleading statement to the plaintifl; ' or by negligently causing the plaintiff to suffer physical injury,' it can be held liable in thc same way as any other defendant, f Harrison Moore Professor of Law, The University of Melbourne. A verrion of this paper was PI-escntedat a seminar organised by The University of Westem Australia and the WA Law Society's Poslgraduate Legal Educalion Committee (Perlh, 7 Aug 1997). 1 . As in Shuddock & A r.co(.iute.s Pty Lid L, Porrumc~ttuCitv Council (No 1) (1 98 1) 150 CLR 225.
    [Show full text]
  • The Environmental Impact Policy of the New South Wales Government and Its Effect at Local Government
    THE ENVIRONMENTAL IMPACT POLICY OF THE NEW SOUTH WALES GOVERNMENT AND ITS EFFECT AT LOCAL GOVERNMENT MICHAEL F. WATERHOUSE BE MEngSc NSW, MIEAust. This thesis is,submitted to the University of New South Wales to coq>lete the requirements of the course in Master of Applied Science. DECEMBER. 1973. The contents of this thesis are submitted to the University of New South Wales for the award of Master of Applied Science and have neither been submitted. nor is intended to be submitted, to any other University or Institution for an award or degree. TABLE OF CONTENTS ACKNOWLEDGEMENTS SYNOPSIS FOREWORD THE ENVIRONMENTAL IMPACT POLICY OF THE NEW SOUTH WALES GOVERNMENT AND ITS EFFECT AT LOCAL GOVERNMENT 1. ENVIRONMENTAL IMPACT POLICY 1. 01 · How it all Began in New South Wales 1.02 Statement of Principles 1.03 The American Environmental System 1.04 Discussions Comparing New South Wales and American Environmental Systems 2. THE ENVIRONMENTAL IMPACT 2.01 The Environmental Impact in New South Wales 2.02 American Environmental Impact Statements 2.03 Discussions of Environmental Impact Statements 3. SOME FEATURES OF LOCAL GOVERNMENT r3.Ql Uniq'ue Features and Environmental Consequences 3.02 Required Personnel and Finances 3.03 Clarification of Procedures 4. CONSIDERATIONS AND RECOMMENDATIONS FOR IMPLIMENTATION OF .. ENVIRONMENTAL IMPACT IN NEW SOUTH WALES . 4 .01 Should Environmental Impact Policy Continue? 4.02 An Envjronmental Objectives Act 4.03 Existing Environment Data Collection Method 4.04 Justification of a Change.of Existing Uses 4.05 Comments from Outside Bodies 4.06 Onus no Longer on the Decision-Making Authority 4.07 Ensuring Decision is Carried Out 4.08 Appeals 4.09 Leg~lity 5.
    [Show full text]
  • L INTRODUCTION Most of the Countries of the Commonwealth and States of the United States of America Are Known As Common-Law Jurisdictions
    1977] THE RECEPTION OF ENGLISH LAW 29 THE RECEPTION OF ENGLISH LAW J.E. COTE* A new country is faced with a choice in deciding upon a system of law for itself. It can either copy someone else's codified law or it can adopt a system of law which is largely judge-made. If it opts for the latter it cannot afford to spend centuries building up a system of judge-made law. Therefore it must copy the rules of a society which has already developed a sophisticated body of such law. Most of the Commonwealth nations have chosen the latter route and as a result have received English law as their own. The rules and consequences inherent in such a reception are discussed in this article. After a short discussion of the distinction between the Imperial law in force proprio vigore and the English law received in the colony as such, the modes of reception of English law are described. In this respect the differences in reception between settled and conquered colonies are outlined. The parts of English law which have been received and the general rules of applicability as well as the applicability of particular areas of the law are also analyzed. The article concludes with a discussion of repeal, amendment and reform of imported English law by the country receiving such law. An appendix contains an account of the reception of English law in each of the Canadian provinces. The subject of this article is often considered as part of legal history. It should be stressed however that this is not the case, as all the rules described are rules of present-day law and many of them are being applied and expounded continually, particularly in Australia and Canada.
    [Show full text]
  • Define Statutory Body Uk
    Define Statutory Body Uk Tricksome Ximenes never purified so equivocally or immaterialised any width woodenly. Is Mohammed extemporaneous or trickless when agglomerate some resolves rubbers acridly? Warmish Kenneth reflow barefooted and elementarily, she ruralises her primers mislead subduedly. Probably on changes prompt a federal sentences of lords, it currently competing in each organisation? Judges and request law 51 Reasons for unclear meaning. Free trials are only interfere to individuals based in the UK. Statutory-authority Meaning Best 1 Definitions of Statutory. The defining principle of parliament or other staff or institution challenging and independent of parliament should be added information passed in liverpool city would constitute an objection with. Exercising statutory powers Practical Law. What scales the role of statutory bodies? The tomb of a reportable breach nor may disrupt a legislative duty to inform other statutory bodies such. The statutory lawyer do. Statutory bond A government-appointed body set angle to better advice or be consulted for comment upon development plans and planning applications affecting. Statutory Designations apply to areas of land or doubt and cannon to identify local or. Noise under Nuisance Frequently Asked Questions. What is a standardised process is tax which are subject to correspond directly at any time, scotland office based on their lives. Statute Definition of Statute by Merriam-Webster. Recognised Supervisory Bodies Auditors I Professional. And cancer Data Protection Act 201 the police is up to female with adaptations to UK data protection law in park event of Brexit. Lincoln claimed that continue to define and defining in parliament and how? Statutory of- any predecessor that derives its dispatch from a 'hebrew' or 'Statute' made by Parliament is called as internal body or statutory burden In simple language.
    [Show full text]
  • Australia's Encryption Laws: Practical Need Or Political Strategy?
    INTERNET POLICY REVIEW Journal on internet regulation Volume 9 | Issue 3 Australia’s encryption laws: practical need or political strategy? Keiran Hardy Griffith Criminology Institute, Griffith University, Brisbane, Australis, [email protected] Published on 26 Aug 2020 | DOI: 10.14763/2020.3.1493 Abstract: To investigate terrorism, law enforcement and intelligence agencies increasingly require assistance from multinational technology companies including Facebook, Google and Apple. These companies can assist with decrypting secret communications or unlocking personal devices, but not, they maintain, without undermining the privacy and security of all their users. While other western countries continue to debate these issues, Australia legislated quickly to enhance decryption capabilities with little industry consultation. This article examines the encryption laws recently enacted by the Australian federal parliament, which allow law enforcement and intelligence agencies to require technical assistance from ‘designated communications providers’. It interrogates the government’s justifications for these laws and examines the wider legal and political context in which they were enacted. The analysis confirms that Australia’s approach to decryption does not represent sound practice and instead reflects a pattern of rights-infringing lawmaking in response to terrorism. Keywords: Encryption, Counter-terrorism laws, Terrorism, Industry assistance Article information Received: 23 Aug 2019 Reviewed: 07 Feb 2020 Published: 26 Aug 2020 Licence: Creative Commons Attribution 3.0 Germany Competing interests: The author has declared that no competing interests exist that have influenced the text. URL: http://policyreview.info/articles/analysis/australias-encryption-laws-practical-need-or-political-strateg y Citation: Hardy, K. (2020). Australia’s encryption laws: practical need or political strategy?.
    [Show full text]
  • Subordinate Legislation*
    VOL . XXXVIZT MARCH 1960 No . 1 SUBORDINATE LEGISLATION* ELMER A. DRIEDGERt Ottawa I. Nature of Subordinate Legislation. A statute, or an Act of Parliament, may be defined as the written will of a sovereign legislative, body, solemnly expressed according to the forms necessary to constitute it the law of the territory over which that legislative body has jurisdiction .' A statute is a law. We know, however, that there are other written laws in the form of statutes that were not enacted by a sovereign legislative authority. Thus, there are laws made by the executive, that is to say, by the Governor General in Council or by a min= ister; there are laws made by municipal authorities, and by other, bodies, as, for example, the National Harbours Board, the Na- tional Capital Commission. These laws that are not enacted by a sovereign legislature are nevertheless made under the authority of a statute. Unless au- thorized by statute, neither the executive nor any other authority has the power to make laws.' In the Chemicals Reference' Chief. Justice Duff said that "every order in council, every regulation, *Special lecture given to the law students of Queen's University, Kingston, on October 26, 1959. tElmer A. Driedger, Q.C., B.A., LL.B., Assistant Deputy Minister of Justice, Ottawa, and lecturer in legislation and administrative law at the University of Ottawa Law Faculty. 1 Bouvier's Law Dictionary, 3rd Rev. 3129. a The Zamora, [1916] 2 A.C. 77 ; The Case of the Proclamations, (1611), 12 Co. R. 74, 77 E.R. 1352. 3 [1943] S.C.R.
    [Show full text]
  • Re-Thinking Executive Control of and Accountability for the Agency Benedict Sheehy University of Canberra, Australia, [email protected]
    Osgoode Hall Law Journal Article 5 Volume 54, Issue 1 (Fall 2016) Re-Thinking Executive Control of and Accountability for the Agency Benedict Sheehy University of Canberra, Australia, [email protected] Don Feaver [email protected] Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ohlj Part of the Administrative Law Commons Article This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Sheehy, Benedict and Donald Feaver. "Re-Thinking Executive Control of and Accountability for the Agency" Osgoode Hall Law Journal 54.1 (2016) : 175-224. This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. Re-Thinking Executive Control of and Accountability for the Agency Abstract The organization of many Western governments has undergone dramatic structural and procedural changes over the past century. A large portion of public administration previously done by departments within a more centralized structure of government has been shifted to administrative units, often referred to as “agencies” that fall outside the constitutional core—an “agencified” model. This article investigates the historical contexts and legal developments associated with these changes and illuminates how “agencification” has altered the balance between executive control powers and executive accountability obligations. It examines how the organizational changes have been addressed in both the responsible government models of the United Kingdom, Canada, and Australia, and the republican presidential model of the United States.
    [Show full text]
  • Public Sector Governance in Australia
    8 . Creating and Regulating Public Sector Bodies Many of the matters that are covered in the first two parts of this book become most significant when governance structures and other arrangements for public sector bodies are designed, implemented and reviewed. This occurs, for example, when new bodies are created, existing bodies are restructured, and new or revised governance regulatory requirements are introduced. Accordingly, the formulation of governance arrangements and key appointments for public sector bodies warrant attention from both central and organisational perspectives. These topics constitute the focus of chapters 8 and 9 respectively. The conventional spectrum of bureaucratisation, commercialisation, corporatisation and privatisation of government entities still leaves much room for a multiplicity of governance arrangements at both sectoral and organisational levels. The adoption of particular approaches to designing, implementing and reviewing corporate governance arrangements at the federal level in successive Commonwealth government initiatives that have been undertaken this century, (e.g. Uhrig 2003; DFA 2005b; AGRAGA 2010; and DFD 2012b) marks a break from twentieth-century practice, and also reflects changes in priorities and trends in public administration from one government to another. The implications beyond the Commonwealth public sector of such developments in governance architecture are still a work-in-progress across the Australian states and territories (e.g. NSW PBRC 2006: 68–70). Accordingly, this chapter concentrates upon the Commonwealth level of government, but with modelling implications for other levels of government in Australia and other countries in the Westminster tradition. It addresses issues affecting the design and regulation of governance arrangements in the public sector that stem from a range of sources.
    [Show full text]
  • United States Foreign Intelligence Relationships: Background, Policy and Legal Authorities, Risks, Benefits
    United States Foreign Intelligence Relationships: Background, Policy and Legal Authorities, Risks, Benefits May 15, 2019 Congressional Research Service https://crsreports.congress.gov R45720 {222A0E69-13A2-4985-84AE-73CC3D FF4D02}--202034095251144218071028077134159109001209121169110229237080048072240026234243017108185226005005052253075142253206254005189022001089242011115064066129079218042147067163171141006072179042112056226183142240011017066180032074198149048250055118 SUMMARY R45720 United States Foreign Intelligence May 15, 2019 Relationships: Background, Policy and Legal Michael E. DeVine Authorities, Risks, Benefits Analyst in Intelligence and National Security From its inception, the United States Intelligence Community (IC) has relied on close relations with foreign partners. These relationships often reflect mutual security interests and the trust each side has of the other’s credibility and professionalism. They are generally strategic and cover a range of national security priorities involving national defense, emerging threats, counterterrorism, counter-proliferation, treaty compliance, cybersecurity, economic and financial security, counter-narcotics, and piracy. U.S. intelligence relations with foreign counterparts offer a number of benefits: indications and warning of an attack, expanded geographic coverage, corroboration of national sources, accelerated access to a contingency area, and a diplomatic backchannel. They also present risks of compromise due to poor security, espionage, geopolitical turmoil, manipulation to influence
    [Show full text]