Directive No 46/2007
Issued to Provide for the use of Sales Register Machines
1. Issuing Authority
This Directive is issued by the Minister of Revenue pursuant to the power given by Article 22 of the council of Ministers Regulations to provide for the obligatory use of sales Register machines No 139/2007.
PART ONE
GENERAL
2. Short Title
This Directive may be cited as the “Directive issued to provide for the use of sales register machines No 46 /2007”.
3. Definition
In this directive:-
PART TWO
THE USE OF SALES REGISTER MACHINES
4. Sales Register Machines
A Sales Register Machine installed at a sales point, in addition to its basic features, must contain:
5. Taxpayers Obliged to use Sales Register Machines
6. Fiscal Logo
All fiscal documents printed and issued by a machine must have a fiscal logo as shown in the attached Annex 1 of this directive.
7. Prohibition of the use of a Sales Register Machine for Training Purposes
PART THREE
ACCREDITATION OF MACHINE SUPPLIERS AND MACHINES
8. Accreditation of a Machine Supplier
Suppliers of machines and terminals which obtain accreditation shall have the obligation to:
11. Application for Accreditation of Machines
An application for machine accreditation must list the following description of the machine to be accredited and must be filed using the forms attached to annex 2 of this directive.
12. Attachments to the Application of Machine Accreditation
PART FOUR
REGISTRATION AND OBILGATIONS OF A SERVICE CENTER
2. copy of the contract entered with a machine supplier for the repair and maintenance of accredited machines;
3. copy of the contract entered into with the machine supplier to train service center employees;
4. information regarding employees of the service center including Names, Company Identity Card Numbers, full addresses, training certificate numbers issued by the supplier and criminal records;
14. Obligation of a Service Center
Employees of a service center shall have the obligation to:-
PART FIVE
ORGANIZATION, DUTIES AND RESPONSIBILITIES OF AN ACCREDITATION BOARD
16. Organization of the Accreditation Board.
1. The Accreditation Board established pursuant to the provisions of article 12 of the Regulation is made up of members representing the following institutions:
a. Ministry of Revenue ————————————————————-Board Chairman
b. Ministry of Finance and Economic Development————————————–Member
c. Ethiopian Quality and Standards Authority ——————————————–Member
d. Ethiopian Telecommunication Corporation———————————————Member
e. Federal inland Revenue Authority ——————————————————-Member
f. Addis Ababa Administration Revenue Agency—————————————–Member
g. Oromia Regional State Revenue bureau————————————————-Member
h. Head of the office of the board ———————————————————-Secretary
2. The Board, Secretary, and all other required staff assigned by the head of the Authority shall have its offices at the premises of the Authority.
3. The Board members and the secretary will get monthly allowances for their services. The amounts shall be determined by the Minister.
4. The tenure of the Board members shall be two (2) years and can be extended as necessary.
17. Duties and Responsibilities of an the Accreditation Board
1) The Accreditation Board shall have the following duties and responsibilities:
a) Verify the applications submitted for accreditation of machine supplier, machine, terminal and registration of a service center;
b) Validate the submitted bank guarantees and evidence required to accompany the application for accreditation;
c) Witness the testing of machines and/or terminals and verify that the results meet the accreditation requirements set in the Regulation and this directive;
d) Visit machine suppliers’ and service centers to verify that the conditions specified by the regulation and this directive are complied with;
e) Notify applicants to complete any missing supporting documents required to accompany the application for accreditation, within 3 days;
f) Submit its recommendation to the Head of the Authority within 5 days commencing from the date of submission of the application accompanied by complete supporting documents required by the Regulation and this directive.;
g) Prepare list of accredited machines, terminals, suppliers and registered service centers for posting on the Authority’s website;
2) Submit semi-annual performance reports to the head of the Authority;
18. Procedures of the Accreditation Board
The Secretary (head of the office) is accountable to the chairman of the Board shall have the following duties and responsibilities:
PART SIX
PREPARATION OF SALES REGISTER MACHINES AND TERMINALS FOR OPERATION
20. Preparation of Sales Register Machines for use. (Fiscalization)
A sales register machine is made operational in the manner and accordance to the following activities:
In case of a machine failure that can not be remedied without breaking the seal, users must:
PART SEVEN
MACHINE GENERATED DOCUMENTS, INSPECTION BOOKLET AND NOTICE TO BE POSTED AT SALES LOCATION
24. Various Documents Issued by the Sales Register Machine
1 Fiscal Documents
2 Non-fiscal Documents
All users of a Sales Register Machines must put a conspicuous notice containing the following information at a place where the machine is installed:
PART EIGHT
THE PROTECTION OF FISCAL AND PROGRAM MEMORIES AND THEIR REPLACEMENT
27. Protecting the Fiscal Memor
PART NINE
MISCELLANEOUS PROVISIONS
30. The use of Receipts as Lottery Tickets
The Minister of Revenue will issue directives on how the receipts printed by the sales register machines and issued to customers will be used as tickets for a special lottery.
31. Reward to be Given to Informants
The Authority will reward persons who provide objectively verifiable information regarding users who are in violation of their legal obligations to use a sales register machine in accordance with the Regulation and this directive.
32. Transitory provisions
The following acts are prohibited:
i) carry out business transactions:
ii) without having a valid service contract with an authorized service center;
iii) using unaccredited sales register machines;
iv) using a sales register machine not registered with the Authority;
The penalties provided by all tax laws, as appropriate, shall be imposed on any machine supplier, service center or machine user, for any violation of the Regulation and this directive.
35. Effective Date
This directive shall come in to force as of the 13th day of August 2007.
Addis Ababa, August 2007
Melaku Fenta, Minister of Revenues
As an employee, you have a duty to serve your employer diligently. But, you don’t have a duty to continue serving your employer for life. If you ever feel like leaving, you are free to resign even without any valid ground (Article 31 of the labour proclamation No. 377/2003.) The only procedural requirement is giving a one month prior notice. Failure to give notice results in your liability to pay compensation (a maximum of your thirty days wages) to the employer (Article 45 of the labour proclamation No. 377/2003.)
But, is it always true that an employee does not have a duty to continue serving his employer at least for a limited period of time? There is one exception (limitation?) to the freedom of the employee to leave his employment. That is when the employer has covered education expenses of the employee and there is an express of employee to continue his employment for a limited period of time. The nature of this contractual obligation is not absolute rather it is alternative. This is to mean that the employee has still a choice either to serve his employer or reimburse all the expenses of education.
The following is a very brief summary of the position of the Cassation Bench of the Federal Supreme Court on issues related to the duty to serve.
My summary is based on the following six cases decided by the bench
1. Applicant: W/o Harsema Solomon
Respondent: Arba Minch University
Cassation File Number: 33473
Date: 16-3-2001 (E.C.)
2. Applicant: Ethiopian Agricultural Research Institute
Respondent: Ato Teferi Mamo (ex parte)
Cassation File Number: 49453
Date: 19-9-2002 (E.C.)
3. Applicant: Government Communication Affairs Office
Respondent: Ato Dereje Mekonen
Cassation File Number: 48476
Date: 12-8-2002 (E.C.)
4. Applicant: Hawasa University
Respondents: 1. Yonas Kassa (ex parte)
2. W/o Beletu Agotalem
Cassation File Number: 46574
Date: 9-7-2003 (E.C.
5. Applicant: Addis Ababa City Administration General Auditor Office and respondents:
Respondents: 1. Ato Aesaw Meaza
2. Ato Zerhun Mulat
3. W/o Tesefanesh Tesema
Cassation File Number: 49041
Date: 2-3-2003 (E.C
6. Applicant: Oromia Roads Authority
Respondent: Ato Abo Gobena
Cassation File Number: 59666
Date: 4-9-2002 (E.C.)
The duty of an employee to continue serving his employer or alternatively reimburse costs of education is not an inherent part of the ordinary employment contract. In the absence of a clear contractual agreement, the employer is not legally entitled to demand expenses of education be paid by the employee. The fact that the employer has actually covered all the costs of education is not by itself sufficient to create an obligation against the employee.
As can be deducted from the decisions of the Cassation bench in Cassation File Number (Hereinafter CFN) 33473 and CFN 49453, the duty of the employee emanates from the additional contract between the parties. Such contract should clearly specify, that the employee has agreed to serve his employer for a limited period of time upon completion of his education in return for coverage of the necessary expenses.
In most of the ‘education contracts’ between employer and employee, there is usually a clear statement regarding the alternative obligations of the employee. These obligations are the duty to serve and the duty to reimburse. In most of the cases the employee agrees to serve his employer for a definite period of time upon completion of his education, or alternatively (in case of refusal) to reimburse all the expenses. The exact amount is usually stated at the time of conclusion of contract.
One question in this regard is whether the employee has still a duty to reimburse, when the contract only provides for the duty to serve? In Ethiopian Agricultural Research Institute vs. Ato Teferi Mamo (ex parte) [CFN 49453] the Federal First Instance Court and Federal High Court rejected applicant’s claim against respondent for the reimbursement of Birr 326,092.57 including interest.
The lower courts relied on the terms and conditions of the contract for their respective decisions. The contract made between applicant and respondent provides that in order to enable the respondent pursue his MSC education, applicant will pay tuition fee, research allowance and salary until completion of education.
In return, respondent, agreed to serve the applicant for a time equivalent to two months for every one month he stayed pursuing his education. In short respondent will serve twice the time he spent on education. However the contract is silent as to the effect of breach of duty to serve by respondent. This is the ground both the Federal First Instance Court and Federal High Court rejected applicant’s claim.
The lower court’s decisions were reviewed for fundamental error of law by the cassation bench. As a result they were reversed, but the bench remanded the case back to the Federal First Instance Court, instructing the court to determine the exact amount of compensation payable to applicant. The bench in its reasoning stated that once the corresponding obligations of the contracting parties are clear, the effect of failure to perform that obligation in accordance the contract is entitlement to the other contracting party to claim compensation for non-performance. In order to reach at this conclusion, the bench referred to article 1771(2) and 1790(1) of the civil code and its earlier decisions in this regard (CFN 29169, 29170 & ‘other files’)
By of way of summary, in ‘education contracts’ even in the absence of a contractual provision of a duty to reimburse, a clear contractual provision imposing a duty to serve on the employee, is by itself sufficient to entitle the employer to claim compensation in case of non-performance of obligation by the employee.
In ordinary ‘education contracts’ the employer directly assumes responsibility to cover all the necessary expenses of education. Since a contract imposes a corresponding obligation on both contracting parties, there is no valid ground that one of the parties should be entitled to demand performance or claim compensation for non-performance without having any obligation in reality. This usually happens when all the expenses of the education are covered not by the employer but by another third party. Does the employee still have an obligation to serve or alternatively ‘reimburse’ the expense (which actually is covered by third party institution not a party to the contract) to the employer?
In the case of W/o Harsema Solomon vs. Arba Minch University, the applicant argued that respondent does not have vested interest to bring action, because all the tuition fee and related expenses were actually covered by a third party institution by way of a scholarship opportunity. Applicant also alleged that the scholarship opportunity was obtained through her own effort and personal correspondence with the third party institution.
The case was first submitted by respondent to the Southern Peoples, Nations and Nationalities Regional State, Gamo Zone High Court. The court found that respondent University has granted annual leave to applicant and wrote her recommendation letter to the third party institution. Relying on these facts, the Zonal court concluded that the scholarship opportunity was obtained through the university and not by the personal efforts of the applicant. Consequently it rejected applicant’s objection of lack of vested interest. An appeal to the Federal High Court by applicant was rejected and the Federal Supreme Court Cassation bench held the same position as the lower court on this point.
Once the nature of the duty and liability of the employee is determined, the next important issue will be the extent of his/her liability. In this regard, the cassation bench has set an important precedent for lower courts. In CFN 33473 and 49453 the bench stated that the amount to be paid by the employee, for breach of his contractual duty to serve his employer, should be determined based on the actual costs and expenses incurred by the employer. The employer has a burden of proof and his claim should be supported by evidence. The fact that the employee has agreed to pay a specified amount of money in the contract is irrelevant. Employee’s liability is not to pay the amount stated in the contract, but the amount to be calculated based on tangible evidence.
In the case of W/o Harsema Solomon and Arba Minch University the Gamo Zonal court accepted respondent’s claim for an amount of Birr 290, 961.00 simply because it was stated in the contract.
The cassation while reversing and remanding the case back to the Zonal court stated that the respondent relied on what has been stated in the contract to claim Birr 290, 961.00, but didn’t produce any evidence establishing such expense was actually incurred by it or by the third party institution.
When should the employee start serving the employer? Most of the contracts usually indicate the time needed for completion of education. Hence, the employee is expected to resume work upon the expiry of this time. In some cases, the period of time in the contract may be extended for two reasons:
A) External factors (like natural calamity, war, etc.) and internal factors (associated with the employee, like sickness, grade, research etc…)
B) The employee after completing the employer sponsored tuition program, may be awarded an additional education opportunity by a third party
There is no precedent as regards the first factor. In relation to the second factor, an additional education opportunity was accepted by lower courts to reject a claim for reimbursement by the employer. In the case between Hawasa University and 1.Yonas Kassa (ex parte) 2.W/o Beletu Agotalem, the Hawasa High Court rejected applicant’s claim on the ground that 1st respondent is pursuing additional PHD study after completing his master’s education provided to him by applicant. On appeal the decision was affirmed by the Federal High Court.
However, the cassation bench criticized the decisions of the lower courts for failing to take in to consideration the clear terms and conditions of the contract. The contract clearly imposes an obligation on 1st respondent to serve the applicant for six years, after completing his master’s education in Belgium. However, 1st respondent went to America for further PHD study without the consent of applicant. Accordingly the bench concluded that the time of performance begins immediately after completion of master’s study not after successful completion of PHD.
In W/o Harsema Solomon vs, Arba Minch University it was said that the duty to serve is an alternative duty. An alternative duty gives an option to choose one of the alternative duties, i.e. to serve or to reimburse. Being an alternative duty, fulfilling one of the duties will be considered as performance of contract. In other words, it will not entail liability for non-performance.
This notion has got acceptance even by the employer. If one looks in to the contents most of the statements of claims, the employer usually seeks relief in the alternative: either defendant continue serving his employer as per his contract, or alternatively (if defendant does want to serve) pay all the costs of his education. As a result judgment will be given taking into account the alternative nature of the duty. This has its own implication in case of execution. Since the judgment is in the alternative, it will be executed alternatively through continuous employment or reimbursement.
But, is it really true that the duty to serve is an alternative duty? Or is it the legal effect of breach of the contractual duty to serve?
In Ethiopian Agricultural Research Institute vs. Ato Teferi Mamo (ex parte) the bench considered resignation or failure to serve as a matter of non-performance of contract. It then determined the liability of respondent based on Article 1771(2) and 1790(1) of the Code and instructed the lower court to determine amount of compensation based on the ordinary rules of compensation provided in 2090(1) and 2091. No option was given to respondent to choose either to serve or reimburse. Contrary to W/o Harsema’s case the bench concluded that the duty to reimburse is an immediate effect of breach of duty to serve, not an alternative duty to serve
The case between Government Communication Affairs Office and Ato Dereje Mekonen (CFN 48476) deals with the validity of the action of an employer to refuse the issuance of certificate of service to an emplyee who breached his contractual duty to serve. The respondent Ato Dereje Mekonen was a civil servant in applicant’s office. During his service, he left the office for education for three years. All the expenses of education was covered by applicant. The contractual agreement of the two parties provides that respondent will continue providing service in applicant’s office for six years upon successful compeletetion of his education. However he only stayed for twenty months and five days.
Upon resignation by respondent, applicant didn’t bring an action for breach of contract. However, it declined the respondent’s request for the issuance of a certificate of service . As a result respondent lodged an appeal to the Federal Civil Service Tribunal. The tribunal gave decision in favour of respondent. The Federal Supreme Court which reviwed the decision of the tribunal affirmed the dcision. Finally applicant submitted a petition to the Cassation on grounds of fundamental error of law.
The basic point of the argument of applicant before the bench is that certificate of service should not be issued before applicant successfuly discharges his obligation and delivers property belonging to respondent.
In response to applicant’s argument the bench first made a clear distinction between certificate of service and clearance. The issuance of a clearance is always subject to settelement of debt and delivery of employer’s property.
However, an employer does not have any valid ground to decline a request made by the employee for the issuance of a certificate of service . The bench refered to article 87 of the civil servants proclamation No. 515/2007 to conclude that the right of a civil servant to be provided with a certificate of service upon his request is not subject any condition. Respondent is entitled to get certificate of service eventhogh he failed to serve his employer or reimburse expenses of education. If applicant has any claim against respondent it should bring an action and seek a legal remedy.
In the case between Government Communication Affairs Office and Ato Dereje Mekonen, the bench ruled that any remedy for reimbursement should be obtained by bringing an action in court. This holds true in determining the validity of an action as regards set-off and deduction. In the case between Oromia Roads Authority and Ato Abo Gobena, the applicant’s action to deduct costs of education from the severance pay of respondent was invalidated as unlawful.
Unlike the primary ‘education contract, (which is solely governed by the terms and conditions of the contract) in contract of guarantee, the relevant provisions of the Civil Code apply in conjunction with the contract of guarantee to determine the respective rights and liabilities of the contracting parties. The advantage of the existence of legal provisions is that the terms and conditions of the contract are not totally left to the freedom of contracting parties. In ‘education contracts’ the employer, who has a stronger bargaining power determines the contents of the contract ensuring the maximum protection of his interest.
As a matter of fact, being a guarantor in ‘education contract’ could be characterized as inconvenience if not a burden. One the one hand, you give your guarantee for someone, but in return you don’t get any guarantee. You don’t have any guarantee that the principal party will return to his country or serve his employer as per his contract. Sometimes you will lose contact with the principal party. He doesn’t respond to your calls and emails. If you become a judgment debtor, one third of your insignificant salary will be deducted by a court order, and all this happens without any help from the principal debtor.
The second aspect of inconvenience relates to the length of time you will be bound by the contract of guarantee. For instance, if you become a guarantor to a sales or loan contract, everything will be settled one way or another within one or two years. In ‘education contracts’ you may be bound by the contract of guarantee for about ten years.
In the case between Addis Ababa City Administration General Auditor Office and respondents: 1. Ato Aesaw Meaza 2. Ato Zerhun Mulat 3. W/o Tesefanesh Tesema it took seven years for first respondent to complete his education. He also agreed to serve the applicant for six years in return for the financial assistance. Second and third respondents have jointly and severally guaranteed the performance of the contract. This means in effect it will take thirteen years to be totally free from their obligation.
When a person becomes a guarantor for a very long period of time, is there any means he could be relieved from his contractual duty? This issue was examined in the case between Addis Ababa City Administration General Auditor Office and respondents: 1. Ato Aesaw Meaza 2. Ato Zerhun Mulat 3. W/o Tesefanesh Tesema.
The Federal First Instance and Federal High Court relying on article 1925 sub article 2 of the civil code held a view that 1st respondent and 2nd respondent have put an end to their undertaking since the time during which they are to be bound is not stipulated in the contract of guarantee.
However, the Cassation bench took a different position and reversed both decisions of the lower courts. The bench giving meaning to article 1925 sub article 2 of the Code stated: “As can be understood from the provision, when the principal obligation is dependent on uncertain events, likely or not likely to occur in the future, there is a possibility that the guarantor may put an end to his undertaking so long as the primary debt is not yet due”
Applying this interpretation to the facts of the case, the bench reasoned that since the principal contract clearly specifies the time of completion of education and the time first respondent is bound to serve his employer, it could not be said it is conditional upon uncertain events.
Proclamation No. 760/2012
A PROCLAMATION REGISTRATION OF VITAL EVENTS AND NATIONAL IDENTITY CARD
WHEREAS establishing a system of registration of’ vital events plays a key role in planning political, social and economic developments in providing different social and economic services to citizens and in making the justice administration expedient and effective
WHEREAS it has become necessary to create accessible, comprehensive and compulsory registration system on the basis of which citizens can effect proper and timely registration of vital events
WHEREAS the issuance of national identity cards to citizens has become important for the protection of national security and for providing efficient services to citizens by the public and private sector
NOW THEREFORE in accordance with Article 55 sub-article (1) and (6) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows
Click on the link below to read full text
http://www.abyssinialaw.com/uploads/760.pdf
Conflict of Laws in Labour and civil cases
In a conflict of law case, a court is expected to address three basic issues:
Before these three issues are addressed, the court is primarily tasked with determining whether the case is really a conflict of law case or not?
So, how does a case become a conflict of law case? A short to the question is that it becomes a conflict of law case, it contains a foreign element. What then is a foreign element?
“When a case is said to contain a foreign element, the reference(s) may be of three natures __ personal, local, or material __ in that, respectively illustrated, if one of the parties of the case is a foreigner (including one from another federating unit) or the transaction of any nature took place, totally or partially, abroad (outside the forum state) or, finally, the object of the dispute (property, esp. immovable property) is situated in another state (including a member of federation); the case is said to contain a foreign element.” (Araya Kebede and Sultan Kasim, Conflict of laws teaching material, sponsored by Justice and Legal System Research Institute)
The draft conflict of rules also defines foreign element in the following way.
Art.4. Foreign Element
Foreign element refers to:
- A personal nature and may pertain to nationality, domicile or residence of the interested parties; or
- A local nature and may pertain to the place where facts occur or contracts are made from which the juridical situation arises; or
- A material nature and may pertain to the place where the property to which the juridical situation applies is situated.
According to article 11 sub article 2 (a) of Federal Courts Proclamation No. 25/1996, when a case is related to private international law, the Federal High Court will have first instance jurisdiction to solve the dispute. This article is not a conflict of law rule regarding judicial jurisdiction in conflict of law cases. It simply gives exclusive material jurisdiction to the Federal High Court, to address the above three questions of conflict of law disputes. What follows is a brief summary of the way this article is understood by lower courts and the cassation bench.
Applicant: Foundation Africa
Respondent: Ato Alemu Tadesse
Cassation File Number: 50923
Date: 19-9-2003 (E.C.)
An employment contract between the employee and employer made in Ethiopia, for a work to be performed in Ethiopia, stipulating a foreign law to govern any dispute arising between them is invalid. The presence of such contract does not oust the ordinary material jurisdiction of first instance court in labour disputes.
In a similar case, [C.A.S. Consulting engineers salezgiter GMBH vs. Ato Kassahun Teweledeberhan Cassation File Number 54121 Date 1-3-2003 (E.C.)] where the parties indicated German Law to be the applicable law to solve their disputes, it was held that such contractual provision is not valid. The case by its nature is not a case “regarding private international law” as provided in article 11 sub article 2 (a) of Federal Courts Proclamation No. 25/1996. As a result, it is the Federal First Instance Court not the Federal High Court who has jurisdiction over such matter.
Applicant: Ato Bezabeh Eshetu
Respondent: Salini construction
Cassation File Number: 60685
Date: 21-6-2003 (E.C.)
When the employment contract is made in a foreign country, it is a case regarding private international law. Hence, the Federal High Court will have first instance jurisdiction as per article 11 sub article 2 (a) of Federal Courts Proclamation No. 25/1996. But, it should be noted that, this does not imply Ethiopian courts will assume judicial jurisdiction merely because the contract was made in a foreign country. The fact that a certain case is a ‘case regarding private international law’ only confers a power on the Federal High Court to determine whether Ethiopian courts have judicial jurisdiction and if yes to determine the applicable law. In short, article 11 sub article 2 (a) of Federal Courts Proclamation No. 25/1996 simply gives material jurisdiction exclusively to the Federal High Court.
Applicant: Ethiopian Electric Light Corporation
Respondent: Dragados Construction
Cassation File Number: 42928
Date: 12-5-2002 (E.C.)
This case relates an action by applicant for compensation for damage caused by respondent while doing business in Ethiopia. Respondent argued that it a foreign company registered according to the law of Greece and domiciled in Athens. It also stated that it is not registered in Ethiopia. Based on these facts, respondent challenged the jurisdiction of the Federal First Instance Court, because the conflict of law rules apply to determine courts having jurisdiction and the applicable law. The Federal Instance Court accepted this argument and ruled that it does not have jurisdiction over the case. On appeal, the ruling of the lower court was affirmed by Federal High Court on the ground that the mater falls within its first instance jurisdiction.
The cassation bench reversed both decisions of the lower courts. The bench in its reasoning stated that damage was caused in Ethiopia while respondent was doing business in Ethiopia. The case was brought to the court where the damage caused. Therefore, the Federal First Court should exercise jurisdiction according to article 27(1) of the Civil Procedure Law.
Applicant: Global Hotel Private Limited Co.
Respondent: Mr. Nicola As Papachar Zis
Cassation File Number: 28883
Date: 26-3-2000 (E.C.)
The fact that one of the parties in litigation is a foreigner does not automatically make the case ‘a case regarding private international law.’ The defendant should necessarily challenge the jurisdiction of the court on the ground that Ethiopian law is inconsistent with the law of his nationality or domicile. If the foreign party does not invoke lack of jurisdiction of Ethiopian courts, the case is not a private international law case.
You don’t write Parlament for Parliament. I just used that term to indicate the lawmaker’s lack of attention to spelling in legislative texts.
The House of People’s Representatives should have its own language editor. The English version of the legislative text is full of spelling errors. Recently I was working on statutory definitions of Ethiopian legal terms. What I realized is that the extent of the problem requires some attention by the law maker or the drafters.
Here are some examples of serious spelling errors in the English version of the legislative text.
P and R stand for Proclamation and Regulation respectively
The numbers represent the number of the proclamation and regulation and year of enactment.
e.g. R173/2009 represents Regulation number 173 of 2009
P372/03 stands for proclamation number 372 of 2003
The word with a spelling error is indicated in red followed by the correct word in bold
Pension [Pensione] (R173/2009) means an establishment offering lodging and breakfast services to tourist and other clients
(According to the Oxford Dictionary 8th ed. Pensione is small hotel or boarding house in Italy)
Documentary Film (R66/99) means a film recorded with the objective of broadcasting or disseminating natural, historical, cultural, political, economical, [economic] social conditions and other factual materials through television, cinema or other electronic screen transmissions
(According to the Oxford Dictionary 8th ed. Economical means giving good value or return in relation to the resources or money expended. Economic is defined as “of or relating to economics or the economy” Similarly, Political means “of or relating to the government or public affairs of a country” and Social is defined as “of or relating to society or its organization” Therefore economic not economical should be taken as the right word for the definition)
Rights to Lien (P372/03) it is a preferential rights of the warehouse man over the goods stored in a warehouse or over the pleadgee [pledgee] of warehouse recipts [receipts] or over the bailer or his transferee on the proceeds earned from sale of the goods, in relation to the cost incurred persuant [pursuant] to the provision of this proclamation to store, prepare pack, transport, insure and for Labour and professional work and incurred
Academic Staff (R132/2007) means any employee of the University College engage [engaged] in teaching or research activities
Accident (P273/03) shall mean an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, in which:
(a) a person is fatally or seriously injured as a result of:
1) being in the aircraft, or
2) direct contact with any part of the aircraft, including parts which have come detached from the aircraft, or
3) direct exposure to jet blast, except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew; or
(b) the aircraft sustains damage or structural failure which:
1) adversely affects the structural strength performance or flight characterstics [characteristics] of the aircraft, and
2) would normally require major repair or replacement of the affected component, except for engine failure or damage when the damage is limited to the engine, its cowlings or accessories; or for damage limited to propellers, wing tips, antennas, tires, brakes, fairing, small dents or puncture holes in the aircraft skin; or
(c) the aircraft is missing or is completely inaccessible
Animal (P267/02) means for the purpose of this proclamation domestic and wild animals includs [includes] sea animals and bees
Aviation personel [personnel] (P273/03) shall mean any individual who engages as pilot in command, co-pilot or flight engineer or any other member of the flight crew of an aircaft [aircraft] or who is involved in the inspection, maintenance, overhaul or repair of aircraft, aircraft engines, propellers or components or who serves in the capacity of air-traffic controller or aircraft dispatcher
Beekeeper (P660/09) means a person who is engaged in keeping of honeyhee [honeybee] colonies in hives
Commercial representative(P67/97) means any person who is not domeciled [domiciled] at the place where the head office of the business enterprise or business person he represents is situate, bound to such enterprise or business person by a contract of employment, and entrusted with the carrying out of only trade promotional activities on behalf and in the name of the business enterprise or the business person he represents without being a trader himself
Committee (R135/2007) means a property valuation committee established persuant [pursuant] to the Proclamation
Conciliation(P377/06) means the activity conduced [conducted] by a private person or person appointed by the Ministry at the joint request of the parties for the purpose of bringing the parties together and seeking to arrange between them voluntary settlement of a labour dispute which their own efforts alone do not produce to utilize a given State forest for a defined period of time
Conditions of work (P361/03) means the entire relations between the City Goverment [Government] and its officials and employees and shall include hours of work, salary, leaves, payments due to dissmissal, [dismissal] if any, health and safety, compensation to victims of employment injury, grievance procedure and other similar matters
Contraband (P60/97) shall mean the act or an attempt of or providing assistance of importing goods beyond the first or exporting beyond the last customs station in contravention of laws and regulations or possessing, selling or transfering [transferring] of such goods in a commercial level and it includes cooperation in such activities
Council of Inquiry (P250/01,) shall mean the Council of Constitutional Inquiry of the Federal Goverment [Government]
Customs Station (P60/97) shall mean any place designated as customs office at the port of entry or exit of goods, transit routs or at customs area for the controll [control] of import and export goods, collection of duties and taxes
Employer(R91/2003) means any government, private or non-governmental institution or international or regional orgnaization [organization] or person employing graduates of higher education institutions including self-employed graduate of the same
Fish (P315/03) means any fish species, crustanceans, [crustaceans] mollusks, including their eggs, spawn fries or fingerlings
International Animal Health Certificate (P267/02) means a certificate issued by the vererinary [veterinary] administration of the exporting country certifying the state of good health of animals, semen, embryo/ova, and hatching-eggs destined for export
Psychotropic Substance (P176/99) means any substance subject to control according to psychotropic Substances Convention of the United Nations ratified by Ethiopia. This shall also included [include] a substance that is categorized as psychotropic substance by the Authority
Public Private Partnership (P649/09) mean [means] investment through private sector participation by a contractual arrangement between a public body and a private sector enterprise, as the concessionnaire, [concessionaire] in which the concessionnaire [concessionaire]:
a) undertakes to perform or undertake any construction project or service or lease concession;
b) assumes substantial financial, technical and operational risks in connection with the performance of a public function or use of government property; and
c) receives consideration for performing a public function or utilizing government property, by way of fees from any public funds, user levies collected by the concessionnaire [concessionaire] from users or customers for a service provided by it, or a combination of such consideration
Restricted Seed (R16/97) means seed prohibited from being imported into Ethiopia or exported from Ethiopia or seed put under resetriction [restriction]
Road (P80/97) means highway or any other road classified and disignated [designated] as part of the national road network and includes bridge on those roads
Serious Ethical Violations (P433/05) means any ethical violation entailing dismissal as per appropriate code of conduet [conduct] regulation
PART TWO INVESTMENT OBJECTIVES AND AREAS OF INVESTMENT
PART THREE FORMS OF INVESTMENT AND CAPITAL REQUIREMENT FOR FOREIGN INVESTORS
PART FIVE REGISTRATION OF TECHNOLOGY TRANSFER AND COLLABORATION AGREEMENTS WITH DOMESTIC INVESTORS
PART SIX INVESTMENT INCENTIVES GUARANTEES AND PROTECTION
PART SEVEN INVESTMENT ADMINISTRATION
PART EIGHT INDUSTRIAL DEVELOPMENT ZONE
PART NINE MISCELLANEOUS PROVISIONS
You can get the pdf version on the following link
http://www.abyssinialaw.com/uploads/761.pdf
Proclamation No. 761/2012
Telecom Fraud Offence Proclamation
WHEREAS, considering that telecom fraud is increasing and wide-spreading from time to time thereby encumbering the telecom industry to play an essential role in the implementation of peace, democratization and development programs of the country;
WHEREAS, recognizing that telecom fraud is a serious threat to the national security beyond economic losses;
WHEREAS, it has became imperative to legislate adequate legal provisions since the laws presently in force in the country are not sufficient to prevent and control telecom fraud;
NOW, THEREFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:
PART ONE GENERAL
1. Short Title
This Proclamation may be cited as the “Telecom Fraud Offence Proclamation No. 761/2012″
2. Definitions
In this Proclamation, unless the context otherwise requires:
1/ “telecom service” means public switched telecom service, cellular mobile service, internet service, satellite telephone service, data communication service, telecom-centers or resale service, mobile or fixed private radio service, very small aperture terminal (VSAT) service, cable installation and maintenance service, telecom switches installation and maintenance service, the transmission or reception through the agency of- electricity or electromagnetism of any sounds, signs, signals, writing, images or intelligence of any nature by wire, radio, optical fiber, satellite or other electromagnetic systems or any other service designated as telecom service by the Ministry; and may not include broadcasting service and intercom connection;
2/ “telecom equipment” means any apparatus used or intended to be used for telecom service, and includes its accessory and software;
3/ “call-back service” means the use of dial tone of a foreign telecom operator for international connection without the knowledge of the domestic telecom operator or fraudulently making international calls in to apparent domestic calls and shall include services that are identified as call-back by the International Telecommunication Union;
4/ “Ministry” means the Ministry of Communication and Information Technology;
5/ “telecom service provider” means the Ethio-Telecom or any other person authorized to provide telecom service;
6/ “police” means the Federal Police or, as the case may be, regional state police;
7/ “regional state” means any state referred to in Article 47 (1) of the Constitution of the Federal Democratic Republic of Ethiopia and includes the Addis Ababa and Dire Dawa city administrations;
8/ “person” means a physical or juridical person
9/ any expression in the masculine gender includes the feminine.
PART TWO
TELECOM FRAUD OFFENCES
3. Offences Related to Telecom Equipment
1/ Without prejudice to the provision of sub-article (3) of this Article, whosoever manufactures, assembles, imports or offers for sale any telecom equipment without obtaining prior permit from the Ministry commits an offence and shall be punishable with rigorous imprisonment from 10 to 15 years and with fine from Birr 100,000 to Birr 150,000.
21 Without prejudice to the provision of sub-article (3) of this Article, whosoever uses or holds any telecom equipment without obtaining prior permit from the Ministry commits an offence and shall be punishable with rigorous imprisonment from 1 to 4 years and with fine from Birr 10.000 to Birr 40.000.
3/ The Ministry shall, in consultation with concerned bodies, prescribe types of telecom equipment the manufacturing, assembling, importation, sale or the use of which may not require permits, and set their technical standards.
4. Offences Related to the Provision of Telecom Service
Whosoever provides telecom service without having a valid license issued in accordance with the appropriate laws commits an offence and shall be punishable with rigorous imprisonment from 7 to 15 years and with fine equal to three times the revenue estimated to have been earned by the person during the period of time he provided the service.
5. Offences Related to Interception and Access
Whosoever without the authorization of the service provider or lawful user, or any other competent authority:
1/ obstructs or interferes with any telecom network, service or system;
2/ intercepts or illegally obtains access to any telecom system: or
3/ intercepts, alters, destroys or otherwise damages the contents of telephone calls, data, identification code or any other personal information of subscribers:
commits an offence and shall be punishable with rigorous imprisonment from 10 to 15 years and with fine from Birr 100.000 to Birr 150.000.
6. Using Telecom Service for Illegal Purpose
Whosoever:
1/ uses or causes the use of any telecom network or apparatus to disseminate any terrorizing message connected with a crime punishable under the Anti-Terrorism Proclamation No. 652/2009, or obscene message punishable under the Criminal Code; or
2/ uses or causes the use of the telecom service or infrastructure provided by the telecom service provider for illegal purpose;
commits an offence and shall be punishable with rigorous imprisonment from 3 to 8 years and with fine from Birr 30,000 to Birr 80.000
Offence Related to Fraud of Service Charge
Whosoever:
1/ fraudulently obtains telecom service without payment of a lawful charge thereof; or
2/ obtains telecom service by means of fraudulent payment charged lo another person;
commits an offence and shall be punishable rigorous imprisonment from 5 to 10 years and with fine equal to three times the charge estimated to have been avoided by the act.
8. Offences Related to Call-Back Service
1/ Whosoever provides call-back service commits an offence and shall be punishable with rigorous imprisonment from 5 to 10 years and with fine equal to five times the revenue estimated to have been earned by the person during the period of time he provided the call back service.
2/ Whosoever intentionally or by negligence obtains any call-back service shall be punishable with imprisonment from 3 months to 2 years and with fine from Birr 2.500 to Birr 20.000.
9. Offences Related to Illegal Telecom Operators
1/ Whosoever:
a) establishes any telecom infrastructure other than the telecom infrastructure established by the telecom service provider; or
b) bypasses the telecom infrastructure established by the telecom service provider and provides any domestic or international telecom service;
commits an offence and shall be punishable rigorous imprisonment from 10 to 20 years and with fine equal lo ten times the revenue estimated to have been earned by him during the period of time he provided the service.
2/ Whosoever intentionally or by negligence obtains any telecom service from an illegal operator stipulated under sub-article (1) of this Article commits an offence and shall be punishable with imprisonment from 3 months to 2 years and with fine from Birr 2.500 to Birr 20,000.
10. Other Offences
1/ Whosoever illegally manipulates or duplicates SIM cards, credit cards, subscriber identification numbers or data or sales or otherwise distributes illegally duplicated SIM cards, credit cards, subscriber identification numbers or data commits an offence and shall be punishable with rigorous imprisonment from 10 to 15 years and with fine from Birr 100.000 to Birr 150,000.
2/ Whosoever:
a/ by connecting any equipment to a public pay telephone or by using any other means obtains services which are not normally available through the public pay telephone; or
b/ obtains or causes others lo obtain telecom service from the telecom service provider by presenting false or forged service agreement or by fraudulently using the identity code of another person or by using any other fraudulent means;
commits an offence and shall be punishable with rigorous imprisonment from 3 to 8 years and with fine from Birr 30,000 to Birr 80(000
3/ Whosoever provides telephone call or fax services through the internet commits an offence and shall be punishable with rigorous imprisonment from 3 to 8 years and with fine equal lo five limes the revenue estimated lo have been earned by him during the period of time he provided the service.
4/ Whosoever intentionally or by negligence obtains the service stipulated under sub- article (3) of this Article commits an offence and shall be punishable with imprisonment from 3 months to 2 years and with fine from Birr 2,500 to Birr 20.000.
11. Offence Committed by Juridical Person
Where any juridical person commits an offence stipulated under this Proclamation, it shall be punishable with a fine the amount of which shall be equal to ten times the fine stipulated for the offence.
12. Confiscation of Property
The court, in deciding the penalty of an offender under this Proclamation, shall give additional order for the confiscation of any telecom equipment used in the perpetration of the offence.
PART THREE
MISCELLANEOUS PROVISIONS
13. Establishment of Technical Task Force
In order to prevent, investigate and control telecom fraud offence a national technical task force comprising members drawn from the concerned bodies shall be established.
14. Covert Search
Police may request the court in writing for coven search warrant where a telecom fraud offence has been committed or where he has reasonable ground that a telecom fraud is likely to be commuted.
15. Admissibility of Evidence
Without prejudice to the admissibility of oilier evidences to be produced in accordance with the Criminal Procedure Code and other relevant laws, the following shall be admissible in court in relation to telecom fraud offences:
1/ digital or electronic evidences;
2/ evidences gathered through interception or surveillance; and
3/ information obtained through interception conducted by foreign law enforcement bodies.
16. Jurisdiction
The Federal High Court shall have first instance jurisdiction over telecom fraud offences provided under this Proclamation.
17. Repealed and Inapplicable Laws
1/ Sub- article (1), (2) and (3) of Article 25 of the Telecommunication Proclamation No. 49/1996 (as amended by Proclamation No, 281/2002) are hereby repealed.
2/ No law or customary practice shall, in so far as it is inconsistent with this Proclamation, be applicable with respect to matters provided for under this Proclamation.
18. Power to Issue Regulation
The Council of Ministers may issue regulation necessary for the implementation of this Proclamation.
19. Effective Date
This Proclamation shall come into force on the date of publication in the Federal Negarii Gazela.
Done at Addis Ababa, this 4″‘ day of September, 2012
G1RMA WOLDEGIORGIS
PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA
Index to Cassation Decisions Volume 13
Most of you are asking and waiting for the release of Cassation decisions volume 13 and 14 and I don’t have any good news. I frequently check their website. Still volume 12 is the last volume available. But I think, the next two volumes will be made available to the public soon. The index to Volume 13 is officially released. You can download it here or from the official web page of the Federal Supreme Court.
I have added a bookmark and a link to the table of contents, so that you can easily browse the contents of the document.
DOWNLOAD Index to Cassation Decisions Volume 13
Filed under: Cae Comment, Uncategorized 
HAPPY NEW YEAR
Just like last year 2012 was again a wonderful blogging year.
On January 18 chilot.me will celebrate its 2nd birthday.
You can celebrate with me by sending email, cards or if you are around Dire Dawa, buy me some ‘gift’
within two years chilot.me has shown great improvement.
Total views in 2011= 94,269
Total views in 2012=467,532
chilot.me is now one of top 15 Ethiopian websites and within top 100 websites in Ethiopia (#59)
Thanks to:
Special thanks
to two lawyers from America
1-Alem Taye, 234 Cool Stone Bend, Lake IN The Hills, IL 601565 for solving one of the critical problems of my blog. I had limited space on wordpress.com
Alem Taye upgraded the available space of the blog from 5 gb. to 25 gb. Thanks a lot
2- Addisu Zegeye Dubale
The WordPress.com stats helper monkeys prepared a 2012 annual report for this blog.
Here’s an excerpt:
About 55,000 tourists visit Liechtenstein every year. This blog was viewed about 460,000 times in 2012. If it were Liechtenstein, it would take about 8 years for that many people to see it. Your blog had more visits than a small country in Europe!
Click here to see the complete report.
The law applicable to foreigners in Ethiopia-Summary of the legal provisions (Part I)
This Article is neither a commentary nor an analysis of the legal regime governing the rights and duties of foreigners in Ethiopia. Rather, it is a summary of the legal provisions directly or indirectly related to foreigners in Ethiopia so as to help as a brief guide.
As a matter of principle, the law in Ethiopia equally applies to any person irrespective of nationality. However, different legislation contain special provisions specifically applicable to foreigners. This summary is about these special legal provisions.
Ownership of Immovable Property
The 1960 Civil Code restricts the right of foreigners to own immovable property in Ethiopia. (Article 390 of the Civil Code) Any foreigner who is found to own immovable property in good faith is required by the competent authority to dispose of such immovable property to an Ethiopian within a period of six months. In case of failure to dispose of such immovable property to an Ethiopian within six months, the immovable property shall be seized and sold by the competent authority. The proceeds of the sale shall be paid to the foreigner less twenty percent which shall be deducted as a penalty and with a view to covering the expenses of sale. When the property is acquired by succession, the deduction will be only ten percent.
(Article 390-393 of the Civil Code)
Special cases for foreign investors
The old law which puts restriction on foreigners regarding ownership of immovable property has been recently relaxed by a recent law. The new investment proclamation allows foreign investor or a foreign national treated as domestic investor to have the right to own a dwelling house and other immovable property requisite for their investment.
(Article 24 of Investment proclamation No. 760/2012)
Driving license
If you hold a foreign license or international driving license, you may be granted an equivalent license in Ethiopia. A foreign license is defined as a motor vehicle driving license issued by any foreign government recognized by the Federal Democratic Republic of Ethiopia. An international driving license is any motor vehicle driver’s qualification certification license issued in accordance with the United Nations Convention on Road Traffic, signed in Geneva, Switzerland, on the 19th day of September 1949
Requirements
Where a person holding a foreign or international driving license applies for an equivalent category, the Licensing body shall issue the requested license upon;
A) ascertaining that the government which issued the driving license similarly recognizes Ethiopian driver’s qualification certification license
B) Being satisfied that the license is authenticated by the concerned body and is currently valid
C) Receipt of the appropriate fees
(Article 15 sub article 2(b) of Driver’s Qualification Certification License Proclamation No 600/2008)
Third party insurance
Foreign Registered Vehicles
A) The driver of any foreign registered vehicle permitted to be driven on the roads of Ethiopia shall possess a valid certificate of insurance and insurance sticker or, where the insurance policy is not issued by a local insurance company, he shall produce a yellow card or an equivalent proof of Insurance coverage
B) The insurance coverage against third party risks with respect to an accident caused by any foreign registered vehicle while driven on the Ethiopian road shall not be less than the amount of compensation specified under Article I60fthis Proclamation
(Article33 of Vehicle Insurance Against Third Party Risks Proclamation No 559/2008)
Hunting
Foreign tourists to engage in hunting activity should first obtain hunting permit from Ethiopian Wildlife Development and Conservation Authority (Article 6 sub article 3 of Ethiopian Wildlife Development and Conservation Authority Establishment Proclamation No. 575/2008)
The types of hunting license, wildlife species which could be legally hunted and other conditions of hunting license are provided in Wildlife Development, Conservation and Utilization Council of Ministers Regulation No. 163/2008.
Accordingly the regulation recognizes three types of hunting license:
A- Foreign Tourist Hunting License
Foreign tourist license is issued by the Authority to a foreign tourist hunter for hunting wildlife species specified on Table IV of the Regulation. The table contains list of 54 types of wildlife allowed for hunting by foreign tourist hunters including the respective unit price for each type of wildlife species. The price ranges from the minimum of 100 USD for Baboon, Anibus to the maximum of 15000 USD for Nyala, Mountain.
You can download Table IV of the Regulation HERE
B- Resident Hunter License
Resident hunter license is issued by the appropriate regional body (most probably by regional bureau of Agriculture) to resident foreign hunters or Ethiopians for hunting wildlife species specified on Table V of the Regulation. The table contains list of 8 types of wildlife allowed for hunting by resident hunter including the respective unit price for each type of wildlife species. Resident hunter license is valid for a period of 15 days.
C- Snipe Hunting License
Snipe hunting license is issued by the appropriate regional body to a foreign tourist or resident hunter. The list of birds allowed for snipe hunting is provided in table VI of the regulation. Additionally, the regulation (in table VII) also provides for two types of snipe species (Great snipe and common snipe) allowed to be hunted by foreign tourist or resident hunters.
Download Table V and table IV of the Regulation HERE
Film shooting permit
A foreigner wishing to shoot a feature or documentary film in Ethiopia shall obtain a permit from the Ministry of Information and Culture. (Article 5 of Film shooting permits Council of Ministers Regulations. No. 66/2000) Such permit requirement is applicable to all foreigners who come to shoot films either for profit or nonprofit purpose, with the exception of film establishments which are permanently established and licensed in Ethiopia.
Please note that due to repeated re-restructuring and re-organization, the powers and duties of Ministry of Information and Culture has been transferred to different organs and the ministry does not currently exist. The power of issuing film shooting permit is now transferred to Government Communication Affairs Office. Therefore, you should substitute the reference to the Ministry of Information and Culture in the regulation by Government Communication Affairs Office.
Accordingly, A foreigner wishing to shoot films in Ethiopia shall submit his application to the office not later than ten (10) days prior to the day on which he is due to commence filming. The application shall contain, among other things, the purpose and title of the film, duration of the shooting and the exact location where it takes place and the total production cost of the film as well as the portion that will be used within Ethiopia.
The applicant should submit together with his application the following documents:
(a) A copy of the film script along with its synopsis for feature films or synopsis for documentary films;
(b) In case an Ethiopian personality is portrayed in the film as a character, a copy of a document of no objection from such person or his heirs, certified by an organ legally empowered to approve contracts and documents;
(c) In case of a co-production by an Ethiopian and a foreigner, an agreement indicating the responsibilities and liabilities of each party;
(d) The nationality of the filming crew, the passport number, the country issuing the passport, their permanent and temporary addresses as well as other information as may be required by the Office.
You can download the Application form for film shooting in Ethiopia HERE
Entitlement to plant breeder’s right
Ethiopia has issued a law (Plant breeder’s right Proclamation no. 481/2005) giving recognition and protection to plant breeder’s right. Even though, you are a foreigner you are entitle to a plant breeders’ right in respect of your new plant variety. (Article 10 of Plant breeder’s right Proclamation no. 481/2005) The right is subject to exemptions (Article) and restrictions (Article) provided in the proclamation.
A plant breeders’ right entitles the holder an exclusive right to:
A) Sell, including the right to license other persons to sell, plants or propagating material of the protected variety; and
B) produce, including the right to license other persons to produce, propagating material of the protected variety for sale (Article 5)
Applying for the right
In order to be granted a plant breeders’ right in respect of new plant variety, you should present written application to the Ministry of Agriculture.
The Ministry shall grant a plant breeders’ right if it is satisfied that:
1) The plant variety is new
2) There is no ground, as provided for in the Proclamation, to refuse the granting of plant breeders’ right to the applicant;
3) The breeder has a proof that he has obtained the genetic resource used to develop the variety in accordance with the relevant laws on access to genetic resources;
4) A plant breeders’ right has not been granted to another person in respect of the variety;
5) There has been no earlier application, that has not been withdrawn or rejected, for a plant breeders’ right in respect of the new variety in question;
6) All fees payable in relation to the granting of plant breeders’ right have been paid
(Article 14 of Plant breeder’s right Proclamation no. 481/2005)
Temporary Protection
During the period between the date the application for plant breeders’ right is filed and the granting of plant breeders’ right or the final rejection of the application, The applicant shall be deemed to have a plant breeders’ right in respect of the new variety
Access to genetic resources and community knowledge
As a general rule, no person shall access genetic resources or community knowledge unless in possession of written access permit granted by the Institute based on prior informed consent. The consent is a precondition for access permit.
Applying for access permit
If you are a foreigner applying for access to genetic resources or community knowledge you should first qualify for the permit just like an Ethiopian applicant. However, an access applicant who is a foreigner should present a letter from the competent authority of his national state or that of his domicile assuring that it shall uphold and enforce the access obligations the applicant. (Article 12 sub article 4 of Access to genetic resources and community knowledge proclamation no 482/2006)
Additionally, in cases of access by foreigners, the collection of genetic resources and community knowledge shall be accompanied by the personnel of the Institute or the personnel of the relevant institution to be designated by the Institute (Article 12 sub article 5 of Access to genetic resources and community knowledge proclamation no 482/2006)
Where the Institute grants exploration permit to a foreigner, it shall assign its scientific personnel or designate other relevant institution to accompany the exploration mission. (Article 24 sub article 3 of Access to genetic resources and community knowledge proclamation no 482/2006)
Right of Prisoners
In addition to the other rights provided to all prisoners, a prisoner who is a foreign national shall be allowed to be visited, by the embassy or consular representative of his country. (Article 13 sub article 2 of Treatment of Federal Prisoners Council of Ministers Regulations No.138/ 2007)
Mass media ownership
The right to establish a mass media is reserved to Ethiopian nationals (Article 5 sub article 1 of Freedom of the Mass Media and Access to Information Proclamation No. 590/2008)
For the purpose of Article 5(1) of the Proclamation, a company is of an Ethiopian nationality if its total capital originates from a local source or persons holding its capital or voting rights are Ethiopian nationals and it does not include a company whose capital or voting rights are held by a locally registered business organization in which foreign nationals acquired voting rights. Similarly an association is considered as local if it is registered as local association in accordance with the charities and associations law. (Article 7 sub article 5 of Freedom of the Mass Media and Access to Information Proclamation No. 590/2008),
Political participation
Foreign nationals are prohibited from providing donation or grant to political parties in Ethiopia (Article 52 sub article 1 (a) of The Revised Political Parties Registration Proclamation No. 573/2008)
Broadcasting License
Bodies not to be issued with Licenses
The following bodies may not be issued with broadcasting service licenses:
A) not incorporated in Ethiopia;
B) in which its capital or its management control is held by foreign nationals
(Article 23 of Broadcasting Service Proclamation No. 533/2007)
COUNCIL OF MINISTERS REGULATION No. 270/2012 DOWNLOAD (.pdf)
COUNCIL OF MINISTERS REGULATION ON INVESTMENT INCENTIVES AND INVESTMENT AREAS RESERVED FOR DOMESTIC INVESTORS
This Regulation is issued by the Council of Ministers Pursuant to Article 5 of the Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 691/2010 and Article 39 of the Investment Proclamation No.769/2012.
PART ONE GENERAL
1. Short Title
This Regulation may be cited as the “Investment Incentives and Investment Areas Reserved for Domestic Investors Council of Ministers Regulation No. 270/2012″.
2. Definitions
In this Regulation unless the context otherwise requires:
1/ “Proclamation” means the Investment Proclamation No. 769/2012;
2/ the definitions provided for in Article 2 of the Proclamation shall also apply to this Regulation;
3/ “Agency” means the Ethiopian Investment Agency re-established under the Council of Ministers Regulation No. 269/2012;
4/”Board” means the Investment Board referred to in
Article 6(1) of the Council of Ministers Regulation No. 269/2012;
5/”capital goods” means machinery, equipment and their accessories needed to produce goods or render services and include workshop and laboratory machinery and equipment necessary for same;
6/ “construction material” includes basic inputs necessary for the construction of investment projects;
7/ “customs duty” includes indirect taxes levied on imported goods;
8/ “income tax” means tax levied on profits from business and categorized as the revenue of the federal government, regional governments or as their joint revenue.
3. Investment Areas Reserved for Domestic Investors
1/ The following areas of investment are exclusively reserved for Ethiopian nationals:
a) banking, insurance and micro-credit and saving services;
b) packaging, forwarding and shipping agency services;
c) broadcasting service;
d) mass media services;
e) attorney and legal consultancy services;
f) preparation of indigenous traditional medicines;
g) advertisement, promotion and translation works;
h) air transport services using aircraft with a seating capacity up to 50 passengers.
2/ For the purpose of sub-article (1) of this Article, a business organization may have Ethiopian nationality, provided that its total capital is owned by Ethiopian nationals.
4. Investment Areas Allowed for Foreign Investors
1/A foreign investor shall be allowed to invest in areas of investment specified in the Schedule attached hereto, except those areas provided for in number 1.3.3, 1.4.2, 1.7, 1.11.3, 1.11.4, 5.3, 6.2, 8.2,9.2,9.3 and 12 of the Schedule.
2/ Notwithstanding the provisions of sub-article (1) of this Article, the Board may allow foreign investors to invest in areas other than those specified in the Schedule, except those areas provided for in Article 6 (1) and (2) of the Proclamation and Article 3(1) of this Regulation.
3/ A foreign investor who invests pursuant to sub-article (1) or (2) of this Article may acquire a private commercial road transport vehicle necessary for his business operations.
PART TWO INVESTMENT INCENTIVES
SECTION ONE
EXEMPTION FROM INCOME TAX
5. Income Tax Exemption for New Enterprise
1/ Any investor who invests to establish a new enterprise shall be entitled to income tax exemption as provided for in the Schedule attached hereto.
2/Any investor who invests to establish a new enterprise in:
a) the State of Gambela Peoples;
b) the State of BenshangullGumuz;
c) the State of Afar (except in areas within 15 kilo meters right and left of the Awash River);
d) the State of Somali;
e) Guji and Borena Zones of the State ofOromia; or
f) South Omo Zone, Segen (Derashe, Amaro, Konso and Burji) Area Peoples Zone, Bench-Maji Zone, Sheka Zone, Dawro Zone, Kaffa Zone or Konta and Basketo Special Woredas of the State of Southern Nations, Nationalities and Peoples; shall be entitled to an income tax deduction of 30% for three consecutive years after the expiry of the income tax exemption period specified in the Schedule attached hereto.
6. Income Tax Exemption for Expansion or Upgrading of Existing Enterprise
Any investor expanding or upgrading his existing enterprise pursuant to Article 2(8) of the Proclamation shall, with respect to the additional income generated by the expansion or upgrading, be entitled to income tax exemption as provided for in the Schedule attached hereto .
7. Additional Income Tax Exemption for Investors Exporting Products or Services
Any investor who exports or supplies to an exporter as production or service input, at least 60% of his products or services shall be entitled to income tax exemption for two years in addition to the exemption provided for in the Schedule attached hereto.
8. Condition for Reducing Incentive
Notwithstanding the provisions of Article 5, 6 and 7 of this Regulation, the income tax exemption to be granted to an investor who engages in an area of manufacturing industry or information and communication technology development, without constructing his own production or service rendering building, shall be one year lesser than what is provided for in the Schedule attached hereto.
9. Duty to Submit Information
An investor shall be entitled to the exemptions specified in Article 5, 6 and 7 of this Regulation provided that he submits all the required information to the relevant tax authority.
10. Commencement of Period of Income Tax Exemption
1/ The period of exemption from income tax shall begin from the commencement date of production or provision of service by the investor.
2/ For the implementation of sub-article (I) of this
Article, the appropriate investment organ shall notify the relevant tax collecting authority the commencement date of production or provision of service by the investor.
11. Declaration of Income During Income Tax Exemption Period
An investor who is entitled to income tax exemption shall declare, every year, the income he has obtained during the exemption J1eriod to the appropriate tax collecting authority.
12. Loss Carry Forward
1/ An investor who has incurred loss within the period of income tax exemption shall be allowed to carry forward such loss for half of the income tax exemption period after the expiry of such period.
2/ Notwithstanding the provisions of sub-article (I) of this Article, for the purpose of calculating the period of loss carry forward, a half-year period shall be considered as a full income tax period.
3/ Notwithstanding the provisions of sub-article (I) and (2) of th is Article, an investor who has incurred loss during the income tax exemption period may not be allowed to carry forward such loss for more than five income tax period.
SECTION TWO
EXEMPTION FROM CUSTOMS DUTY
13. Exemption of Capital Goods and Construction Materials from Customs Duty
1/ Any investor engaged in one of the areas of investment specified in the Schedule attached hereto, except those specified under numbers 7, I I, 14 and 15 of the Schedule, may import duty-free capital goods and construction materials necessary for the establishment of a new enterprise or the expansion or upgrading of an existing enterprise.
2/ For the implementation of sub-article ( 1) of this Article, the investor shall submit, in advance, the list of capital goods and construction materials to be imported duty-free and get approval of same from the appropriate investment organ.
3/ If an investor entitled to a duty-free incentive buys capital goods or construction materials from local manufacturing industries, he shall be refunded with the customs duty paid for the raw materials or components used as inputs for the production of such goods.
4/ An investor eligible to a duty-free incentive pursuant to this Article, shall be allowed to import spare parts the value of which is not greater than 15% of the total value of the capital goods within five years from the date of commissioning of his project.
14. Exemption of Motor Vehicles from Customs Duties
The total or partial exemptions of motor vehicles from customs duties shall be determined by directive to be issued by the Board based on the types and nature of investment projects.
15. Transfer of Duty-Free Imported Goods
1/ Capital goods or construction materials or motor vehicles imported free of customs duty may be transferred to persons with similar duty-free privileges.
2/ Notwithstanding the provision of sub-article (I) of this Article, the capital goods or construction materials or motor vehicles imported free of customs duty may be transferred, upon effecting payment of the appropriate customs duty, to persons having no similar duty-free privileges.
31The investor may re-export the duty-free imported capital goods or construction materials or motor vehicles.
4/Any investor who contravenes the provisions of this Article shall be punishable in accordance with the relevant provisions of the Customs Proclamation.
PART THREE
MISCELLANEOUS PROVISIONS
16. Repealed and Inapplicable Laws
1/ The Investment Incentives and Investment Areas
Reserved for Domestic Investors Council of Ministers Regulation NO.84/2003 (as amended) is hereby repealed.
2/ No regulation, directive or customary practice shall, in so far .as it is inconsistent with this Regulation, be applicable with respect to matters provided for in this Regulation.
17. Transitory Provisions
1/ Notwithstanding the provision of Article 16 of this Regulation, incentives granted pursuant to the Investment Incentives and Investment Areas Reserved for Domestic Investors Council of Ministers Regulation No. 84/2003 (as amended) and the directives issued there under shall continue to be effective.
2/ Where an investor eligible for incentives granted pursuant to the Investment Incentives and Investment Areas Reserved for Domestic Investors Council of Ministers Regulation NO.84/2003 (as amended) and directives issued there under has not yet exercised his right, opts instead to be a beneficiary of incentives provided for in this Regulation, he may notify the appropriate investment organ and be entitled thereto.
18. Effective Date
This Regulation shall come into force on the date of publication in the Federal Negarit Gazette.
Done at Addis Ababa, this 29th day of November, 2012
HAILEMARIAM DESSALEGN
PRIME MINISTER OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA
“The provisions relating to the law on a given subject matter are often found in a series of Acts. As a consequence, investigation of the law on a given subject requires simultaneous reference to a number of separate Acts. This problem can be solved by a re-enactment of the scattered provisions into one Act Consolidation is thus the process whereby several Acts of Parliament are brought together in a single, comprehensive Act.
Consolidation is a process of combining the legislative provisions on a single topic into one coherent enactment. The earlier Acts of Parliament are repealed. In their place is substituted a single Act which embraces the subject matter of the earlier Acts. The aim of consolidation is to allow for easy access to a particular subject matter on which there would have been numerous amendments to the law at different times.”
(V. C. R. A. C. CRABBE, Legislative Drafting, P185)
“….important development in the history of legislations in Ethiopia is the Consolidated Laws of Ethiopia. The purpose of the project of the Consolidated Laws “is to provide a useful source and reference work on the laws of Ethiopia”. The Consolidated Laws of Ethiopia initially contained laws which were, in effect, included at the end of the Ethiopian year 1961 (September 10, 1969). A supplement was issued in 1975 in which were included as laws which were, in effect, proclaimed at the end of the Ethiopian year 1965 (September 10, 1973). Since then, no supplement has been issued. Besides, the Consolidated Laws “contains numerous tables. And other means of assisting the user to find the legal provisions he is searching for”.17 This important work was begun by the former Institute of Public Administration of the Ethiopian Government but was later on turned over to the Faculty of Law of the Haile Selassie I University (now the Addis Ababa University). The work was completed in October by Mr. William H. Ewing, who was a member of the staff of the Faculty of Law and the project’s head. The other laws and regulations relating to Addis Ababa appeared in the Consolidated Legislations of Addis Ababa”
(Sileshi Zeyohannes and Fanaye G/Hiwot, Legislative Drafting Teaching Material [Sponsored by the Justice and Legal System Research Institute] P25-26)
Volume I and II of the consolidated laws are now available. (Unfortunately only the Amharic version is available)
Due to the size of the file, I split up Volume one in to five parts.
I will upload Volume two in my next post.
Source: The German Law Journal
International Trade and Human Rights: An Unfinished Debate
Abadir M. Ibrahim
Download Full Text From the Original Source
A. Introduction
We are living in a world in which the moral legitimacy of cultures, religions, ideologies, and the practices of states, international organizations, and even corporations is being measured against human rights norms. The moral significance of and practical respect for human rights has grown so much that human rights have been described as a global religion, and a new standard for civilization. International trade, a popular and much debated issue of our time, is one of those phenomena that is currently being measured against the standards of human rights. Leading experts remain divided about whether global trade is good or bad for human rights. There are those who are utterly convinced that the world trade regime has a mutual basis with human rights and see potential in the growth of one as a positive sign for the other. There are also those who, on the other hand, are equally convinced that human rights and international trade regimes are in a relationship of enmity.
One should, however, conceive of the relationship between world trade and human rights as, fundamentally, a relationship in tension, but also as a relationship in which that tension can be significantly minimized through accommodation, convergence, and inter-penetration. It is conceivable that solutions that are acceptable to the majority of political participants in the international community can be reached even where the two regimes—human rights and free trade—clash. This comment argues that the relationship between human rights and international trade is not, and should not be viewed as, a zero-sum game in which one’s gain is necessarily the other’s loss. The comment begins with an explanation of the core tension between the two regimes and goes on to explain, or at least make a proposal for, how this tension could be negotiated…
Effect of Formalities on the Enforcement of Insurance Contracts in Ethiopia
Fekadu Petros
(LL.B, LL.M; Arbitration Tribunal Manager, Ethiopia Commodity Exchange; Part-time Lecturer at AAU Faculty of Law)
Introduction
The problems addressed in this article are related to the functions, purposes, and effects of non-observance of legal formalities in contracts of insurance in Ethiopia. Failure to meet the formality requirements provided in the law entails nullity of a contract. However, this paper attempts to explore and examine the various perspectives of this proposition with regard to insurance contracts. To this end, the writer has reviewed literature, conducted extensive interviews and analyzed cases.
The first section deals with formalities in Ethiopian contract law in general, and makes a general overview in respect of all types of formal contracts. It attempts to show the broad social and institutional purposes and justifications of formalities beyond narrower immediate effects viewed in the context of individual cases and present needs. The last two sections are devoted to analysis of insurance formalities both in the law and in the practice.
The House of People’s Representatives has enacted the controversial urban land proclamation No.721-2011 on January 2011. Even though the law is a Federal law, the power of implementation through subsidiary legislation is given to Regions and city administrations. According to article 33 of the proclamation, Regions and city administrations shall have the powers and duties to issue regulations and directives necessary for the implementation of the Proclamation. This being the case, the Ministry of Urban Development and Construction has prepared a model land lease regulation two months after the issuance of the proclamation. This document was submitted for discussion mainly in Addis Ababa, Dire Dawa and some regions.
The model land lease regulation is not a binding document. However, it is expected that it will significantly affect the subsequent regulations to be issued by Regions and city administrations. (I don’t have information whether they have already issued the regulation.)
The model land lease regulation is drafted only in Amharic. (This is a typical problem of subsidiary legislations in Ethiopia.) You can get the document from the official web site of the Ministry, but I advise you not to do so. There is some annoying advertisement displayed on each page of the document, telling you that the document was converted to pdf using an inactivated version certain software. For this reason, you will not be able to read at least two articles on each page. They are totally covered by this irritating advertisement. May be someone can help the Ministry by sending a pdf converter.
I have removed all the objects from the original document and now you can download the model land lease regulation from this blog.
Click HERE to download Final Land Lease Regulation
Click HERE to download the file from the original source.
DOWNLAD REGULATION No. 273-2012 TRADEMARK REGISTRATION AND PROTECTION
COUNCIL OF MINISTERS REGULATION No. 273-2012
COUNCIL OF MINISTERS REGULATION ON TRADEMARK REGISTRATION AND PROTECTION
This Regulation is issued by the Council of Ministers pursuant to Article 5 of the Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 691 /2010 and Article 47 of the Trademark Registration and Protection Proclamation No. 501 /2006.
PART ONE GENERAL
1. Short Title
This Regulation may be cited as the “Trademark Registration and Protection Council of Ministers Regulation No. 273/2012″.
2. Definitions
In this Regulation, unless the context otherwise requires:
1/ “Proclamation” means the Trademark Registration and Protection Proclamation No.50 112006;
2/ the definitions provided for under Article 2 of the Proclamation shall also be applicable to this Regulation;
3/ “Office” means the Ethiopia Intellectual Property Office;
4/ “agent” means a trademark agent registered by the Office in accordance with this Regulation;
5/ “registration owner” means a person who has registered a trademark with the Office;
6/ “use of a trademark” means attaching the trademark to the goods or packaging or labeling of the goods, displaying the trademark closely associated with the goods, placing the trademark in advertising or promotional material for the goods or services, or in any other way establishing a relationship between the trademark and the goods or the services;
7/ “publish” means publication in the Intellectual Property Gazette or a newspaper having nationwide circulation or by means of uploading at the Office web site;
8/ “person” means any natural or legal person;
9/ any expression in the masculine gender includes the feminine.
PART TWO COMMUNICATING WITH THE OFFICE
3. Written Communications
1/ Any communication with the Office shall be in writing.
2/ The Office’s action shall be based exclusively on the written records in the Office. Oral understandings, stipulations and communications may not be binding upon the Office.
4 Language for Documents
1/ Any document filed with the Office forming part of an application for registration of a trademark or any proceedings in the Office shall’ be in the Amharic or English language.
2/ Any document that is in a language other than Amharic or English shall be accompanied by a translation into Amharic or English.
3/ The Office may refuse to accept any translation which, in its opinion, is inaccurate and return the document to the applicant for correction.
4/ Where a document contains a word in characters other than Amharic or Latin, the Office may require a transliteration or translation of such word and the statement regarding a transliteration or translation shall state the language to which the word belongs and shall be signed by the applicant or the applicant’s agent.
5. Addressing Communications and Identification of Subject Matter
1/ Any written communication with the Office shall properly express the name and address of the Office.
2/ A written communication shall, as may be appropriate, identify the trademark, the name and address of the applicant, the filing date, the application or the proceeding number, the registration owner, the registration number and the registration date.
3/ The Office may return to the sender any document that does not comply with sub-article (1) and (2) of this Article.
4/ If a document returned pursuant to Article 4 (3) of this Regulation or sub-article (3) of this Article is rectified and re-submitted to the Office:
a) within 30 days from the date of return, it shall be treated as received on its former dale of submission; or
b) after a delay of more than 30 days, it shall be treated as received on the actual date of re-submission.
6. Receipt and Marking of Documents
1/ The Office shall stamp the date and hour of receipt on a document that is filed and acknowledge receipt of same.
2/ When the Office accepts the filing of documents by means of the electronic media in accordance with directive issued for such purpose, the time and date of receipt registered by the electronic device shall be considered the official time and date of receipt of the document by the Office.
3/ The Office shall assign a reference number to al application it receives and mark each document constituting the application with the assigned reference number.
41 The reference number assigned to an application under sub-article (3) of this Article shall be referred to in all subsequent communication: concerning the application.
7. Filling Documents by Mail
1/ A document sent to the Office via express an< registered postal mail five days before the expiry of a specified deadline shall b. considered as being timely filed despite it is received by the Office after the deadline.
2/ The provision of sub-article (1) of this Article may not apply with regard to the application for registration and renewal of trademarks.
8. Documents not Returnable
1/ Unless expressly provided in the Proclamation this Regulation or directive issued by the Office documents submitted to the Office may not b. returned; provided, however, that copies 0 1 same document may be given upon written request and payment of the applicable fee.
2/ Any person who has submitted an original document to the Office may take back the original one by replacing the copy thereof.
PART THREE APPLICATION FOR REGISTRATION OF TRADEMARK
9. Submission of Application
An application for registration of a trademark shall be accompanied by the following documents in addition to those specified under Article 8 of the Proclamation:
1/ if the applicant is a legal person, copy of the certificate of its registration and evidence authorizing the person who has signed the application to represent the legal person;
2/ if the application is filed through an agent, the certificate of registration of the agent and a duly authenticated power of attorney;
3/ a brief written description of pictures, if the trademark is pictorial or includes pictorial elements;
41 where the trademark contains characters other than Amharic or Latin, or numerical expressions other than Amharic, Arabic or Latin numerals their transliteration into Amharic or Latin characters and Arabic numerals;
5/ if the applicant claims a combination of colors as a trademark or distinctive feature of the trademark, three copies of the trademark in color and the explanation that the applicant claims a combination of color as the trademark or as a distinctive feature, which includes a description of position of appearance of each color in the trademark.
10. Application for Registration of Collective Trademark
An application to be submitted for the registration of a collective trademark shall, in addition to those specified under Article 9 of this Regulation, be accompanied by two copies of a statute governing the use of the trademark.
11. Graphical Representation of Trademark
1/ The graphical representation of a trademark shall be the exact representation of the trademark used or intended to be used In connection with the applicant’s goods or serv ices.
2/ If the application is lodged in accordance with
Article 13 of this Regulation seeking priority, the graphical representation shall be the exact representation of the trademark as it appears in the registration certificate of a trademark duly registered in the country of origin of the applicant.
12. Amendment of Application
II An applicant may request the Office in writing at any time before the issuance of notice of acceptance for registration and publication for call of opposition under Article 25(1) of this Regulation to amend his application.
2/ An application submitted under sub-article (I) of this Article shall be rejected if the amendment:
a) substantially alters the character or pictorial representation of the trademark shown in the original application; or
b) is to make additions in the list of goods or services included In the original application.
3/ Any applicant dissatisfied with the decision of the Office on rejection of application in accordance with sub-article (2)(a) of this Article, may appeal to the court having jurisdiction within 60 days after the receipt of the decision.
13. Priority Right
For the purposes of establishing priority right in accordance with Article 10 of the Proclamation, the date an earlier application filed in a foreign country shall be treated as the date an application submitted to the Office for registration of a trademark if:
1/ the earlier application was duly filed In a country that is a party to the Paris Convention for the Protection of Industrial Property or in a country that grants a right of priority to an applicant that has equivalent effect to the right of priority provided for by the Paris Convention; and
2/ the applicant submits to the Office, within 90 days from the filing date of the application for registration of the trademark, a certified copy of the earlier application or a priority certificate issued by the country where the previous application was filed.
PART FOUR EXAMINATION OF APPLICATION
14. Formality Examination
1/ The Office shall, undertake forma lily examination on the application submitted to verify its compliance with the requirements of Article 8 of the Proclamation and Article 9 of this Regulation.
2/ Where the Office finds that the requirements of Article 8 of the Proclamation and Article 9 of this Regulation are not fulfilled, it shall notify the applicant, in writing, to file the necessary correction within 90 days from the date of the notification,
3/ If the applicant does not file the required correction within the time limit, the Office shall reject the application and the applicant shall ‘ forfeit the fees paid, if any.
4/ Where the Office finds that the requirements of . Article 8 of the Proclamation and Article 9 of this Regulation are fulfilled, it shall acknowledge, by a notice to the applicant, acceptance of the application for examination,
15. Index of Pending Applications
1/ The Office shall prepare and maintain an Index of pending applications which meet the formality requirements pursuant to Article 14 of this Regulation.
21 The Index shall include:
a) the name and address of each applicant;
b) a description or reproduction of each applied-for mark;
c) the goods or services each application covers and their classification number:
d) t/;” date and time when each application was filed; and
e) the number that the Office assigned to each application.
16. Substantive Examination
1/The Office shall conduct substantive examination on the application for .registration of a trademark to decide on:
a) eligibility of the trademark for registration in accordance with Article 5 of the Proclamation; or
b) refusal of registration in accordance with Article 6 or Article 7 of the Proclamation.
2/ The substantive examination of an application under sub-article (1) of this Article shall be carried out:
a) by evaluating the trademark in accordance with the directive issued by the Office for such purpose; and
b) through search of the records of the Office for registered trademarks and pending applications.
3/ Any person, before filing an application for registration of a trademark, may apply for search to know whether the trademark applied for is registered or not upon payment of the fee prescribed in the Schedule attached hereto.
17. Applications for Registration of Similar Trademarks
When two or more applications are submitted to the Office on the same day for the registration of similar trademarks for identical or similar goods or services and there is no priority right applicable to any of them:
1/ the Office may treat the trademark used in Ethiopia first as an earlier trademark for the purpose of Article 7 of the Proclamation; or
2/ if neither trademark has been used in Ethiopia, the trademark applied first in terms of time shall be treated as an earlier trademark for the purpose of Article 7 of the Proclamation.
18. Action of the Office
If the Office, as the result of the findings of the substantive examination:
1/ requires the applicant to satisfy certain additional requirements in accordance with Article 5 of the Proclamation; or
2/ concludes that the trade mark is inadmissible for registration pursuant to Article 6 or 7 of the Proclamation; it shall notify same to the applicant, in writing, together with the reasons thereof.
19. Response to Action of the Office
1/ The applicant sha1l respond to the Office within 90 days from the date of receipt of the notice in accordance with Article 18 of this Regulation.
2/ The applicant in his response may:
a) take proper measure to satisfy the specified additional requirements or to overcome the grounds impeding the registration; or
b) request amendment to the application, subject to the limitation provided for in this Regulation, with a view to taking the measures referred to in paragraph (a) of this sub-article.
3/ The Office shall re-examine the application upon receipt of the applicant’s response.
20. Extension of Time to Respond
1/ The time limit stipulated in Article 19 of this Regulation may be extended, if the applicant requests, in writing, by providing sufficient reasons for the extension before the expiry of the time limit and upon payment of the fee prescribed in the Schedule attached hereto.
2/ The time limit may be extended, pursuant to sub-article (I) of this Article, for a period of consecutive 90 days following the expiry of the applicable response period; provided, however, that such extension may not be allowed for more than twice.
31 The Office shall notify its decision to the applicant in wri ting whether the extension is granted or not.
21. Rejection of Application
1/ An application for registration of a trademark shall be rejected by the Office if the re-examination of the application upon receipt of the applicant’s response under Article 19 of this Regulation shows that the applicant fails to fully satisfy the specified additional requirements or to overcome the grounds impeding the registration.
2/ Decision of the Office under sub-article (I) of this Article shall be communicated to the applicant in writing stating the reasons for the rejection
3/ Any applicant whose application for registration of a trademark is rejected may appeal to the court having jurisdiction within 60 days from receipt of the decision of the Office.
22. Applicant Action after Rejection
Prior to the expiry of the period of appeal on the rejection, the applicant may take measures to satisfy the outstanding requirements or overcome the grounds imped ing the registration or amend the application to take such measures.
23. Abandoned Application
1/ The Office shall treat an application as abandoned if:
a) the applicant expressly withdraws the application by a written notice at any time during the proceeding;
b) the applicant fails to respond to the decision of the Office before the expiry of the response period or authorized extension or to take measures to fully satisfy outstanding requirements or to overcome grounds impeding registration or amend the application with a view to taking such measures;
c) the applicant fails to appeal to the court having jurisdiction against the decision of the Office before the expiry of the appeal period; or
d) the applicant’s appeal is unsuccessful.
2/ When the application is abandoned, the Office shall mark the file “ABANDONED” and place it in the records of abandoned files.
24. Exclusion from Being Examiner
Any person assigned by the Office to examine an application for registration of a trademark shall, on his own initiative or upon the request of the applicant or any other interested party, be excluded from exercising his function where, he:
1/ is a close relative of the applicant or his agent;
2/ has an interest in the application for registration of the trademark; or
3/ has such other kinds of relations with the applicant or his agent that might influence the impartial examination of the application.
PART FIVE
OPPOSITION TO REGISTRATION OF TRADEMARK
25. Notification of Eligibility of Trademark for Registration
If the Office determines that the trademark applied for is eligible for registration following:
1/ the examination or re-examination of the application in accordance with Article 17 or Article 19(3) of this Regulation; or
2/ the measures taken by _the applicant to fully satisfy the outstanding requirements or to overcome the grounds impeding the registration pursuant to Article 22 of this Regulation;
it shall arrange for publication of the trademark for opposition and notify the applicant the acceptance of the application for registration purpose and publication for call of opposition.
26. Publication of Notice for Call of Opposition
1/ The-Office shall publish, at the expense of the applicant pursuant to Article 12 of the Proclamation, a notice for call of opposition to the registration of the trademark that includes:
a) the applicant’s name and address;
b) the graphic representation of the trademark;
c) the goods or services the application covers and their classification number;
d) the filing date of the application or right of priority date, as may be appropriate;
e)the application number;
f)the disclaimer, if any; and
g)the name and the address of the applicant’s agent, if applicable.
2/ If the applicant fails to pay the amount of money required to cover the expenses of publishing the notice for call of opposition, within 60 days from the date of receipt referred to in Article 25 of this Regulation, the application for registration of the trademark shall be considered as abandoned and be treated in accordance with Article 23(2) of this Regulation.
27. Opposition to Registration of Trademark
1/ Any person who intends to oppose the registration of a trademark may submit his statement of opposition to the Office by filling the form prescribed by the Office for such purpose.
2/ The statement of opposition shall be accompanied by the following:
a) evidences supporting the grounds of opposition;
b) proof of payment of the prescribed fee;
c) if the party opposing the registration is a legal person, copy of the certificate of its registration and ‘evidence authorizing the person who has signed the statement of opposition to represent the legal person;
d) if the statement of opposition is filed through an agent, the certificate of registration of the agent and a duly authenticated power of attorney.
28. Time for Filing Opposition
1/ A statement of opposition shall be submitted within 60 days from the date of publication of the notice for call of opposition.
21 The Office may extend the time of filing a statement of opposition for additional 60 days if the applicant submits written application for extension before expiry of the time specified in sub-article (I) of this Article upon payment of the fee stipulated in the Schedule· attached hereto.
31 The Office shall communicate to the applicant the extension of time for filing opposition granted under sub-article (2) of this Article.
29. Decision on Opposition
1/ The Office shall send to the applicant the copy of the statement of opposition and documents accompanying the statement of opposition within 30 days from the date of filing the statement of opposition.
2/ The Office shall notify the applicant with the period fixed for submitting response to the opposition in accordance with Article 13(3) of the Proclamation. Such period may not be less than 90 days from the date the applicant is served with the copy of the statement of opposition in accordance with sub-article (I) of this Article.
3/ If the applicant fails to respond within the time limit specified under sub-article (2) of this Article, the application for registration of the trademark shall be considered as abandoned and be treated in accordance with Article 23(2) of this Regulation.
4/ The Office shall render its decision on the opposition pursuant to Article 13(4) of the Proclamation within 90 days from the date of filing the response to the opposition.
5/ The decision of the Office shall be effective if neither of the parties appealed to the court having jurisdiction in accordance with Article 30 of this Regulation.
30. Appeal
Any party dissatisfied with the decision of the Office with regard to an opposition to the registration of trademark may, within 60 days from receipt of the decision, appeal to the court having jurisdiction in accordance with Article 17(2) of the Proclamation.
PART SIX REGISTRATION PROCEDURE
31. Registration of Trademark
1/ The Office shall, if no opposition is filed or is successful, send notice to the applicant stating the eligibility of the trademark for registration and requesting payment of the fee stipulated in the Schedule attached hereto.
2/ The Office may, in the notice referred to in sub article (1) of this Article, include a request, as a condition of registration, that the applicant disclaim any exclusive right to the elements in the trademark that are not eligible for protection pursuant to Article 5(3) of the Proclamation.
3/ The Office shall register the trademark if the applicant, within 90 days after being served with the notice referred to in sub-article (I) of this Article:
a) pays the appropriate fee; and
b) accepts the disclaimer requested pursuant to sub-article (2) of this Article.
4/ If the applicant fails to pay the appropriate fee or to accept the condition of disclaimer, within the time limit prescribed under sub-article (3) of this Article, the application for registration of the trademark shall be considered as abandoned and be treated in accordance with Article 23(2) of this Regulation.
32. Certificate of Registration
1/ The Office shall issue a certificate of registration to the applicant upon registering a trademark pursuant to Article 31 of this Regulation.
2/ A certificate of registration to be issued pursuant to ·sub-article (I) of this Article shall include the following:
a)reproduction of the trademark;
b) the registration date and number;
c) the owner’s name, address and nationality;
d) the filing date of the application or right of priority date, as the case may be;
e) the goods or services the registration covers and their classification number;
f) the validity period of the registration;
g) the name and address of applicant’s agent, if any; and
h) any disclaimer.
33. Notification of Registration
1/The Office shall, in accordance with Article 16 of the Proclamation, notify the registration which contains same information as it appears on the registration certificate referred to in Article 32 (2) of this Regulation.
2/ The owner of a trademark registered by the Office may publicize the registration by displaying the trademark in close association with the symbol ®.
34. Substitute Certificate of Registration
1/ Where a certificate of registration is lost or damaged, the registration owner may apply to the Office for issuance of a substitute certificate.
2/ The Office shall, upon publication of notice, at the expense of the applicant, with regard to a lost certificate or the return of a damaged certificate, and upon payment of the fee prescribed in the Schedule attached hereto, issue a substitute certificate which contains the information stated in the previously issued certificate.
35. Register of Trademarks
1/ The Office shall organize and maintain a Register of Trademarks,
2/ The Office shall enter in the Register information about:
a) trademarks registered by the Office;
b) renewed, amended, cancelled and invalidated trademark registrations; and
c) transfer of ownership and license contracts concerning registered trademarks,
31 Apart from other additional information the
Office enters in the Register of Trademarks as provided by the Proclamation and this Regulation, information about a registered mark
in the Register of Trademarks shall be the same as shown on the certificate of registration,
36. Classification System for Trademarks
The Office shall register trademarks ·in accordance with the applicable international classification of goods and services with respect to registration of marks,
PART SEVEN
RENEWAL AND AMENDMENT OF REGISTRATION OF TRADEMARK
37. Submission of Application for Renewal
An application to renew the registration of a trademark shall be submitted to the Office, within the time limit specified in Article 25(3) of the Proclamation, by filling the form prescribed by the Office for such purpose and shall be accompanied with proof of payment of the appropriate application fee.
38. Acceptance or Refusal of Renewal Request
1/ If the Office, upon examination of an application for renewal, finds it acceptable, it shall, upon payment of the fee stipulated in the Schedule attached hereto, renew the registration of a trademark and issue certificate of renewal to the registration owner
2/ If the Office finds that an application for renewal is incomplete or incorrect, it shall refuse the renewal and notify the registration owner of such refusal and the reasons for refusal
3/ The Office shall, after renewal, publish notice of the renewal which shall contain the same information as it appears on the renewal certificate.
39. Relinquishment of Registration
1 / The registration of a trademark shall be deemed to be relinquished on the expiry of its period of validity if the registration owner fails:
a) to timely file an application of renewal or to effect the applicable fee;
b) to fully satisfy the conditions for acceptance of the application for renewal specified in the notice referred to in Article 38(2) of this Regulation within 90 days from receipt of the notice; or
c) to obtain a decision of the court having jurisdiction that reverses the decision of the Office upon lodging an appeal within 60 days from receipt of the notice referred to in Article 38(2) of this Regulation.
2/ The Office may grant an extension period of additional 90 days to fully satisfy the conditions for acceptance of the application for renewal specified in the notice referred to in Article . 38(2) of this Regulation, if the registration owner:
a) files a written request, prior to the expiry of the period specified under sub-article (I )(b) of this Article, for additional time extension that shows, to the satisfaction of the Office, good cause for the failure to take the required action within the specified period; and
b) pays the fee stipulated in the Schedule attached hereto.
40, Amendment of Registration
1/ An amendment to the registration of a trademark may be allowed:
a) to correct a mistake in the registration;
b) to cancel specified goods or services and their classification number covered by the registration;
c) to register a disclaimer; or
d) to make other minor changes in. the registration.
2/ An application for amendment of the registration of a trademark shall be submitted to the Office by filling a form prescribed by the Office for such purpose and accompanied by:
a) proof of payment of the fee stipulated in the Schedule attached hereto, except in the case of an amendment to correct a mistake caused by the fault of the Office;
b) in the case of amending the trademark, three copies of a graphical representation of the amended version; and
c) the original certificate of registration.
3/ If the Office, upon examining the application, finds that the proposed amendment IS appropriate, it shall enter the changes in the Trademark Register and issue to the registration owner a new certificate of registration based on the amendment; provided, however, that if the amendment is to correct a mistake in the registration, the amended registration shall have the same force and effect as if it had been originally registered in the corrected form.
4/ The Office shall publish notice of amendment of registration which contains same information as it appears on the certificate of registration referred to in sub-article (3) of this Article.
41. Amendment of Statutes Governing Use of Collective Trademark
1/ The Office shall review amendments to the statutes governing the use of a collective trademark filed for registration pursuant to Article 22( I) of the Proclamation and determine whether the amendments contain any provision contrary to public order or morality.
2/ Publication of the amendments pursuant to Article 22(2) of the Proclamation shall contain:
a) the name of the owner of the registered collective trademark;
b) the collective trademark;
c) the goods or services covered by the collective trademark;
d) the registration number and date;
e) a copy of the amended statutes; and
f) the time limit for filing opposition and observations; provided, however, that such period may not be less than 60 days from the publication dale
31 The Office shall register the amended statutes and publish notice of registration where it determines that there are no:
a) provisions in the amendments contrary to public order or morality; and
b) oppositions or observations to justify refusal of registration.
4/ If the Office refuses registration of the amended statutes, it shall notify the register owner of its decision and the reasons thereof.
5/ The register owner who is dissatisfied with the decision of the Office may appeal to the court having jurisdiction within 60 days from receipt of the decision.
PART EIGHT RENUNCIATION, CANCELLATION AND INVALIDATION OF REGISTRATION
42. Renunciation of Right
1/ An application for registration of renunciation of right on a registered trademark pursuant to Article 34(1) of the Proclamation shall be submitted by filling a form prescribed by the Office for such purpose’,
2/ If the trademark has been transferred by license contract and such transfer is entered into the Register of Trademarks, the application referred to in sub article (1) of this Article shall, pursuant to Article 34(2) of the Proclamation, be accompanied by the written declaration of the licensee consenting to the renunciation.
43. Cancellation or Invalidation of Registration
II An application requesting the cancellation or invalidation ‘of registration of a trademark pursuant to Article 35 or Article 36 of the Proclamation shall be made in the fro prescribed by the Office for such purpose and be accompanied by supporting documents and proof of payment of the fee stipulated by the Schedule attached hereto.
21 The Office shall send to the registration owner the application and supporting documents submitted to it in accordance with sub article (1) of this Article together with a notice stating the time limit for submission of a reply; provided, however, that such time limit may not be less than 60 days from the date of receipt of the notice.
31 If the Office. on its own initiative, determines the existence of a ground to justify invalidation of the registration of a trademark, it shall communicate same, in writing, to the registration owner and solicit him to reply within the time limit prescribed in sub-article (2) of this Article.
41 If the registration owner fails to respond in accordance with sub-article (2) or (3) of this Article within the prescribed period, the grounds alleged to justify cancellation or invalidation of the registration shall be deemed to be admitted and the Office shall decide to cancel or invalidate the registration.
5/ If the registration owner submits its reply in accordance with sub-article (2) or (3) of this Article within the prescribed period, the Office shall render its decision upon properly examining the issues raised and the evidences produced.
6/ Copies of the decision of the Office rendered pursuant to sub-article (4) or (5) of this Article shall be sent to the registration owner and, as may be applicable, to the person who has requested the cancellation or invalidation of the registration.
7/ I f the registration owner fails :
a) to lodge an appeal with the court having jurisdiction within 60 days from the date of receipt of a copy of the decision of the Office to cancel or in validate the registration of a trademark: or
b) to obtain a decision of reversal by the court:
a notice of the cancellation or invalidation of the registration shall be entered into the Register of Trademarks and shall be published.
PART NINE
TRANSFER OF OWNERSHIP AND LICENSE CONTRACT
44, Registration of Transfer of Ownership or License Contract
1/ An application for the registration of transfer of ownership or license contract of a registered trademark shall be made by filling the form prescribed by the Office for such purpose and be accompanied by a copy of the transfer agreement or the license contract and proof of payment of the applicable fee prescribed in the Schedule attached hereto.
2/ The Office shall, upon receipt of duly completed application, enter into the Register of Trademarks information containing at least the following particulars and publish notice of !he registration:
a) the full name, address and the nationality of the transferee or the licensee;
b) the list of goods or services and their classification subject to the ownership transfer or license contract;
c) the geographic area where the trademark is to be used in accordance with the transfer agreement or license contract;
d) date of registration of the transfer or license contract.
3/ If the transfer of ownership or license contract is for only certain goods or services covered by the registration of the trademark, the Office shall issue a new certificate of registration 10 the transferee or an evidence to the licensee by listing the goods or services covered by the transfer or license contract.
45. Registration of Cancellation of License Contract
1/ An application for the registration of cancellation of a license contract of a registered trademark shall be made by filling the form prescribed by the Office for such purpose and be accompanied by a copy of the document cancelling the license contract and proof of payment of the applicable fee prescribed in the Schedule attached hereto.
2/ The Office shall, upon receipt of duly completed application, enter into the Register of Trademarks information about the cancellation of the license contract and publish notice of cancellation of the registration.
PART TEN
DIVISION, MERGER AND SERIES OF MARKS
46. Division of Application
1/ An applicant may file a request, at any time before the registration of a trademark, using the form prescribed by the Office for such purpose, for a division of his application into two or more separate applications.
2/ The applicant shall indicate for each division the specification of goods or services.
3/ Each divisional application shall be treated as a separate application for registration with the same filing date as the original application.
4/ Where the request to divide an application is filed after publication of the application, any opposition to the original application shall apply to each divisional application .
47. Merger of Separate Applications
1/ An applicant who has made separate application for registration of a trademark may, at any time before preparation for the publication of any of the applications have been completed by the Office, file a request, using the form prescribed by the Office for such purpose, to merge the separate applications into a single application.
2/ The Office shall accept the request made under sub-article (I) of this Article and merge the applications into a single application if all the applications which are the subject of the request for merger:
a) are in respect of the same trademark;
b) bear the same date of application; and
c) are, at the time of the request, in the name of the same person.
48. Merger of Separate Registrations
1/ The owner of two or more registrations of a trademark may request the Office, by filling the form prescribed by the Office for such purpose, to merge them into a single registration.
2/ The Office shall accept the request made under sub-article (I) of this Article and merge them into a single registration if the registration is in respect of the ‘same trademark.
3/ Where any registration of a trademark to be merged under sub-article (I) of this Article is subject to a disclaimer, the merged registration
shall also be subject to the same limitation.
4/ The date of registration of the merged registration shall, where the separate registrations bear different dates of registration, be the latest of those dates.
49. Registration of Series of Trademarks
1/ The owner of a series of trademarks may apply to the Office, by filling a form prescribed by the Office for such purpose, for their registration as a series in a single registration.
2/ A graphic representation of each trademark claimed to be in the series shall be included in the application made under sub-article (I) of this Article.
3/ The Office shall, if satisfied that the marks constitute a series, accept the application and register the! accordingly.
50. Division of Application for Registration of Series of Trademarks
1/ A person who applied for registration of a series of trademarks pursuant to Article 49 of this Regulation may, at any time before preparations of publication have been completed by the Office, request the division of the application into two or more separate applications by filling a form prescribed by the Office for such purpose.
2/ If the conditions provided under Article 46(2) of this Regulation are met, the Office shall accept the request and divide the application accordingly.
PART ELEVEN TRADEMARK AGENTS
51. Registration
1/ Any person who wants to act as agent of trademark owners in connection with proceedings of registration and protection of trademarks shall be registered as a trademark agent.
2/ An applicant who wants to be registered by the
Office as a trademark agent shall:
a) reside in Ethiopia;
b) be at least 21 years of age;
c) be an attorney authorized to practice law in Ethiopia, or be a person who has acquired at least middle level qualification in the relevant field of study, has a work experience in the area of trademark for not less than three years and has passed the competence assessment evaluation administered by the Office; and
d) have no record of conviction for criminal offence or professional misconduct by the court having jurisdiction or relevant regulatory body.
3/ Any person fulfilling the requirements stipulated from paragraph (a) to (d) of sub article (2) of this Article may take trademark agents’ competence assessment, upon payment of the fee prescribed in the Schedule attached hereto.
4/ The Office shall conduct trademark agents’ competence assessment twice a year in accordance with the time schedule specified by its directive.
52. Certificate of Registration
1/ Where the Office ascertains that an application complies with the requirements specified under Article 5 I of this Regulation, it shall enter the applicant’s name in the Register of Trademark Agents and issue a certificate of registration, upon payment of the fee prescribed in the Schedule attached hereto.
2/ The certificate of registration shall include the following particulars:
a) the full name, nationality and residential and business addresses of the trademark agent;
b) the date of registration; and
c) name and signature of the issuing officer.
3/ A certificate of registration of a trademark agent shall be valid for one year from the date of Issuance.
53. Renewal of Registration
1/ An application for renewal of registration of a trademark agent shall be submitted to the Office, within 30 days after the expiry of its validity, by filling the form prescribed by the Office for such purpose.
2/ Where the Office receives an application for renewal, it shall, subject to the requirements stipulated under paragraph (a) and (d) of Article 5 I (2) of this Regulation and upon payment of the fee prescribed in the Schedule attached hereto, renew the registration and issue a certificate of renewal.
31 Where an application for renewal is not submitted within the period specified under sub article (I) of this Article, the registration may be renewed if the application is submitted within the next 30 days and upon payment of additional fee as determined pursuant to Article 56(3) of this Regulation.
54. Publication of List of Registered Trademark Agents
The Office shall annually publish the list of registered trademark agents,
PART TWELVE MISCELLANEOUS PROVISIONS
55. Access to Information
Any interested person may, upon payment of the fees prescribed in the Schedule attached hereto, request in writing:
1/ for search of a trademark and to obtain a search report; or
2/ to inspect the Register of Trademarks or other records and documents made public by the Office and to obtain copies thereof
56. Fees
1/ Payments of fees to be made for the services of the Office pursuant to the Proclamation and this Regulation shall be effected in accordance with the rates prescribed in the Schedule attached hereto
2/ Where the trademark subject to a service covers more than one class of goods or services the fee shall include additional payment of 50% of the fee stipulated in the Schedule with respect to each subsequent class of goods or services.
3/ In the case of late renewal of any registration after the expiry of the regular renewal period specified under the Proclamation or this Regulation, additional payment of fee equivalent to 50% of the applicable fee stipulated in the Schedule attached hereto shall be required .
57. Computation of Deadlines
When a deadline specified in the Proclamation or this Regulation falls on a day other than a working day, the next working day hereto shall be taken as the deadline.
58. Transitory Provisions
1/ Pending applications for trademark registrations prior to the effective date of this Regulation shall be treated in accordance with the previously existing procedures; provided, however, that the fees prescribed in the Schedule attached hereto shall be applicable with respect to outstanding payments of fees.
2/ Trademark agents registered prior to the effective date of this Regulation shall be reregistered upon fulfilment of the requirements provided under this Regulation within the period determined by directive of the Office.
59. Power to issue Directive
The Office may issue directives necessary for the implementation of the Proclamation and this Regulation.
60. Effective Date
This Regulation shall enter into force on the date of publication in the Federal Negarit Gazette.
Done at Addis Ababa, this 24′h day of December, 2012
HAILEMARIAM DESSALEGN
PRIME MINISTER OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA
LICENSING AND SUPERVION OF THE BUSINESS OF FINANCIAL INSTITUIONS DOWNLOAD (.pdf)
Regulation of Mobile and Agent Banking Services
Directives No. FIS /0112012
Whereas, use of technology and innovative financial service delivery channels such as mobile devices and agents have significant contribution in deepening financial service accessibility to the wider section of the population at an affordable price;
Whereas, it has been found essential to encourage and enhance savings mobilization through the use of alternative and innovative financial services delivery channels;
Whereas, there is a need to set the minimum standards for risk management and customer protection on the delivery of mobile and agent banking services;
Whereas, the National Bank of Ethiopia is responsible for ensuring , that financial institutions are delivering mobile and agent banking services without compromising the safety and soundness of the financial system of the country;
Now, therefore, in line with the powers vested in it by article 10 (5) of National Payment System Proclamation No. 718/2011 and article 59 (2) of Banking Business
Proclamation no. 592/2008, the National Bank of Ethiopia has issued these directives.
1. Short Title
These directives may be cited as “Regulation of Mobile and Agent Banking Services Directives No. FIS/0l/2012″
2. Definitions
For the purpose of these directives:
2.1″agent” means a person engaged in a commercial business activity and has been contracted by a financial institution to provide the financial institution on its behalf in a manner specified in these directives
2.2″agent banking” means the conduct of banking business on behalf of a financial institution through an agent using various service delivery channels as permitted under these directives;
2.3″bank” means a company licensed by the National Bank to undertake banking business in Ethiopia or a bank owned by the Government;
2.4″cash in and cash out services” refers to the deposit and withdrawal of funds including payments by customers to/from their mobile account using a variety of options including bank-branch counters, automatic teller machines and authorized agent locations;
2.5 “customer” means an individual or entity who uses mobile and agent banking services of financial institutions offered through mobile devices;
2.6″deposit” means placement of money with financial institutions, repayable on demand, or otherwise accepted by financial institutions from the public;
2.7″financial institution” means a bank or a microfinance institution;
2.8″fund transfer” refers to the transfer of funds from a customer’s or agent’s mobile or regular account to any other account or vice versa;
2.9″microfinance institution” means a company licensed by the National Bank to carryon micro financing business;
2.10″mobile account” means an account maintained by a customer in a financial institution in which debits and credits are effected by virtue of electronic fund transfer and which is used to conduct mobile banking activities as outlined in theses directives;
2.11 “mobile banking” means performing banking activities which primarily consists of opening and maintaining mobile/regular accounts and accepting deposits; furthermore, it includes performing fund transfer or cash in and cash out services using mobile devices;
2.12″mobile device” means mobile phones, smart phones, table personal computers, point of sale terminals or any other similar devices;
2.13″National Bank” means the National Bank of Ethiopia.
2.14 “person” means any natural or juridical person;
2.15 “pilot period” refers to the period in which mobile and agent banking service is being holistically tested with regards to its conformity to predetermined business and technical requirements in a limited test environment without making any public promotion;
2.16″real time” means the electronic processing of transactional data instantaneously upon data entry or instantaneous receipt of transaction command to a financial institutions central system.
3. Scope of the Directives
These directives shall apply to financial institutions that conduct mobile and agent banking services as set out in these directives
4. Modes of Business Conduct
4.1 Only financial institutions that are licensed by the National Bank are allowed to engage in mobile banking services.
4.2 Mobile and agent banking services shall be carried out only within the geographical boundary of Ethiopia and with only Ethiopian Birr.
4.3 Financial institutions can carry out mobile banking through their agents as specified in these directives.
4.4 Where financial institutions carryout mobile banking services through agents:
4.4.1 the financial institution shall be fully responsible and liable for all actions and omissions of its agent and this responsibility shall extend to actions of the agent;
4.4.2 all transactions involving deposit, withdrawal, payment or transfer of cash from or to an account shall be made on real time basis and financial institutions shall ensure that agents are able to carry out real time transactions;
4.4.3 agents shall not under any circumstance accept funds from customers that exceed their prepaid balance with financial institutions;
4.4.4 financial institutions shall automatically debit or credit the account of the agent or customer upon conduct of any transaction that necessitates reduction or increase of the account balance of the agent or customer; and
4.4.5 a financial institution shall have a mechanism to uniquely identify each of its agents.
5. Limits on Mobile Banking Transaction
5.1The maximum balance that should be available in a mobile account of a person with a financial institution at any time shall not exceed Birr 25,000 (Twenty Five Thousand Birr).
5.2 Daily mobile banking transaction that involves debiting of an account by a person with financial institution shall not exceed Birr 6,000 (Six Thousand Birr)
6. Application Processing and Approval
6.1. Prior to commencement of operation, a financial institution that intends to provide mobile and agent banking service shall seek approval from the National Bank.
6.2 A financial institution shall enter into a written contract with third party service providers such as technology service providers and telecom companies and such contracts shall clearly define the roles and responsibilities of each party in the provision of mobile and agent banking services.
6.3 A financial institution at the time of application shall submit to the National Bank at least the following.
6.3.1 Business plan that contains at least:
i) brief analysis of the country’s economy with particular focus on the financial system;
ii) operational and financial viability of the intended mobile and agent banking services for at least three years;
iii) pricing strategy including the initial transaction fee and charges that takes into account the sustainability of the mobile and agent banking service and the affordability of the service to the wider market;
iv) products and services to be offered, target markets, regional distribution and coverage of the service; and
v)agency arrangement to be used, technology service to be deployed, fee sharing arrangement, stakeholders and their respective role in the delivery of the service, impact of the services in improving financial service accessibility.
6.3.2 Operational Policy and Procedure Manual containing at least:
i) responsibilities of the board and senior management of a financial institution in relation to the new services;
ii) organizational structure of the mobile and agent banking functions and associated responsibilities;
iii) details of products and services to be offered such as product features, fees and charges, and transaction limits for the product;
iv)detailed narrative description and work flow diagram of the services to be provided (including registration, account opening; cash in transactions, fund transfer/remittance, cash out procedures);
v) accounting procedures and recording of transactions;
vi) agent management where applicable;
vii) internal control procedures;
viii) manner of reporting; and
ix) complaint handling and redresal system
6.3.3 Risk Management Policy and Procedure containing at least:
i) description of the inherent risks such as operational risks, reputation risks, legal risks and liquidity risks and specific policies, processes and systems that are in place to manage these risks; and
ii) notwithstanding the provision stated above, description of the inherent risks and the specific policies and processes that are in place to deal with risks shall specifically adresss risks emanating from customer, agent, technology service provider, mobile network operator and financial institution perspective.
6.3.4Board minutes showing that the board of directors of specific financial institution has reviewed and endorsed the mobile and agent banking services to be provided
6.3.5Agent due diligence policy and procedure and declaration of agent suitability assessment signed by a chief executive officer or chairperson of board of directors of a financial institution as set out under article 9.3 of these directives.
6.3.6Penalty matrix that shall be imposed on agents for possible violations of agreements and malpractices
6.3.7Agreement entered with third parties including technology service providers and telecom companies.
6.3.8Such other information as may be requested by the National Bank
6.4The National Bank, based on the criteria set out in these directives shall either approve for a pilot launch or decline a request made by a financial institution for the delivery of mobile and agent banking service and shall communicate same in writing to the applicant.
6.5 The pilot period shall stay for a minimum period of two months and shall not at a maximum exceed three months.
6.6 During the pilot period, the financial institution shall test the new service on a limited scale without making any public campaign and promotion related to the services. After completion of the pilot period, the financial institution shall prepare detailed report on the results of the pilot and submit same to the National Bank along with application. The pilot test report shall contain at least:
6.6.1 the volume and type of transactions executed,
6.6.2the outcome of the pilot transactions, errors, omissions identified,
6.6.3complaints received from customers,
6.6.4 any other issues and deviations identified, and
6.6.5 modifications and changes sought as the result of the pilot
6.7 The National Bank, based on the result of the pilot test and its own business risk assessment shall either grant or reject full authorization and approval for mobile and agent banking service within a maximum of one month from the date of submission of complete report as specified under article 6.6 hereinabove.
6.8 Applicants that do not qualify for full authorization as a result of the pilot test shall be given three months to correct their weaknesses to the satisfaction of the National Bank.
6.9 Applicants that fail to correct their weakness to the satisfaction of the National Bank within three months shall smoothly phase out their mobile and agent banking operation as per instructions of the National Bank.
6.10 Notwithstanding the provision stated above, the National Bank on sufficient grounds including violation of the provisions stated in these directives by concerned financial institution or in anticipation of any perceived or actual risk occurring in relation to the service may suspend or withdraw the approval and call the service off.
7. System Technology
7.1 The technology used for delivery of mobile and agent banking services must be secure and should at least ensure the following, which shall be part of the technology risk management program of a financial institution:
7.1.1User Risk:
User awareness on their information security including how to secure Personal Identification Number (PIN) and other security features.
7.1.2Infrastructure and Software Application Risk:
i) information security standard,
ii) application error, message type and message handling,
iii) PIN and user authentication,
iv) financial and non financial data storage,
v) availability of services and backup,
vi) confidentiality of user information,
vii) data and transaction integrity,
viii) maintenance of audit trails ,
ix) segregation of duties, and
x) authorization controls.
7.1.3 Communication Media Risks:
i) communication protocol risks,
ii) data storage risks, and
iii) availability and quality of service
7.1.4 Agent and Third Party Service Provider Risks:
i) data encryption and message integrity,
ii) data storage and backup,
iii) physical and logical access to system, and
iv)authenticity and non-repudability of communication.
7.1.5 Business Continuity Plan:
i) availability of services,
ii) disaster recovery site,
iii) standardize way of the data center,
iv) redundancy of network communication, and
v) antivirus protection.
7.1.6 Interface Feature of the Application:
The system should be open (need to have a feature of interoperability with other system in any file format).
7.2 Notwithstanding the provision stated above, the information security policy of a financial institution shall be suitably and regularly updated and enforced to take care of the security controls required from time to time.
8. Customer Due Diligence Requirements
8.1 Financial institutions shall ensure their agents fully comply with the requirements of “Prevention and Suppression of Money Laundering and the Financing of Terrorism Proclamation Number 657/2009″ and “Customers Due Diligence of Banks Directives No. SBB/46/2010″
8.2 Notwithstanding the provision stated above, financial institutions shall train their agents on prevention of money laundering and financing of terrorism requirements and on the procedures to be followed to ensure same.
9. Agent Management
9.1 Permissible Activities of an Agent
9.1.1 An agent, on behalf of principal financial institution, shall open regular saving account of natural persons. In addition, an agent may provide any of the following services as may be specifically agreed between it and the financial institution:
i) perform customer due diligence and “ Know Your Customer (KYC)”
ii) open mobile account of natural persons
iii) perform cash in and cash out services;
iv) transfer funds between different parties; and
v) perform various payment services.
9.1.2 Notwithstanding the provision stated above, agents shall not undertake banking transaction that involves the use of check and other check related instruments and any other operation related with provision of credit.
9.2 Agent Contract
9.2.1 Any person who is engaged in valid and lawful business or commercial activity within Ethiopia can be an agent of a financial institution. However, in case an agent has a specific regulatory body to which it is accountable to, it shall produce a written consent from the regulatory body permitting entering of agency agreement.
9.2.2 In making agency arrangement, a financial institution shall enter into a written contract with an agent for the provision on its behalf any of the mobile and agent banking services specified in these directives.
9.2.3 Every contract made between a financial institution and an agent shall contain at a minimum provisions that are specified under Annex I of these directives which is part hereof.
9.2.4 A financial institution shall provide certificate of agency to an agent that provides banking service on its behalf.
9.2.5In branding agent network, financial institution shall avoid use of words like bank, micro finance, financial intermediary, microfinance bank or any other word that might suggest that the agent by itself is a financial institution.
9.2.6Notwithstanding the provision stated under 9.2.1 above, i) a foreign person or entity that is fully or partially owned by foreign nationals ii) religious entity which is faith based and iii) not for profit such as non government organizations whose applicable law prohibits from engaging in profit making business shall not be an agent of any financial institution.
9.2.7 Other than the mobile and agent banking services specified in these directives, agents shall not engage in the marketing and sales of any other products of the financial institution.
9.2.8. under no circumstances shall agents impose a separate terms and conditions and charges apart from those provided by financial institution
9.3 Agent Due Diligence
9.3.1 Financial institutions making agency arrangement shall have a clear and well documented agent due diligence policy and procedure (for initial and ongoing assessment of agents). In addition, financial institutions, on the basis of same, shall conduct assessment of agents and take necessary corrective actions to ensure proper management of agents.
9.3.2 In assessing the due diligence of agents, financial institutions shall consider all relevant factors, including but not limited to:
i) the entity has an existing well established business/commercial activity and that the sources of funds of the agent have been ascertained;
ii) the entity possesses appropriate physical infrastructure and human resources to be able to provide services with the necessary degree of efficiency and security;
iii) the agent, as certified by police certificate from local police station, has no criminal record in matters related to finance, fraud, honesty or integrity and has a good/acceptable reputation;
iv) audited financial statements at least for the last one year, where applicable;
v) liquidity position of the agent to entertain deposit and withdrawal requests of customers; and
vi) any other matter that may negatively impact on the agent has been considered.
9.3.3 Notwithstanding the provision stated above, a financial institution shall at a minimum secure the following information from the agent it intends to work with as applicable:
i) the name of the entity proposed to be an agent;
ii) the certificate of incorporation, certificate of registration or valid permit or business license of the entity whichever is applicable;
iii) a description of the commercial activity the entity has been carrying on prior to the date of application;
iv) physical location, postal address and telephone number of the entity and its working hours; and
v) evidence of availability of funds to cover agent operations including deposits and withdrawals by customers.
9.3.4. The financial institution shall keep the information provided under the above provision in a confidential manner and in a safe custody and shall produce it to the National Bank as and when required.
9.3.5. The financial institution shall be responsible for the accuracy of the information provided by an agent and shall sensitize its agents on the provisions of theses directives and the obligation to comply with all the requirements.
9.3.6. The financial institution shall submit to the National Bank the agents list and information as per Annex II of these directive
9.3.7 In addition to the above, financial institutions, as specified under Annex III of these directives, shall provide a declaration signed by the chief executive officer or chairperson of the board of directors of that respective financial institution confirming that the institution has carried out the due diligence of the reported agents and they have been found to meet the minimum suitability assessment requirements as set out in these directives.
9.3.8 The National Bank, upon receipt of information of agents, shall list the agent in a register available to the public.
9.3.9 A financial institution may make one declaration for several entities as its agents or one declaration for a single agent as the case may be.
9.3.10 Upon receipt of list of agents and related information from a financial institution, the National Bank, if it considers necessary, shall verify the information provided to it. If the National Bank is not satisfied with the fitness and propriety of the agent, it shall require the financial institution to immediately discontinue the agency relation and terminate any agreement entered with such agent.
9.4 Agent Contract Termination
9.4.1 In addition to the provisions for termination of the agency contract as may be set out in the contract itself, an agency contract shall be terminated if an agent:
i. carries on agent banking business when the agent’s principal commercial activity has ceased;
ii. is found directly charging customers by itself without the knowledge of the financial institution and or against any of the predefined agreements entered with the financial institution;
iii. is guilty of a criminal offence involving fraud, dishonesty or other financial impropriety;
iv. sustains a financial loss or damage to such a degree which, in the opinion of the financial institution, makes it impossible for the agent to gain its financial soundness within three months from the date of the loss or damage;
v. is being dissolved or wound up through court or otherwise;
vi. in case of a sole proprietor, dies or becomes mentally incapacitated;
vii. .transfers, relocates or closes its place of agent banking business without the prior written consent of the financial institution;
viii. fails to hold or renew a valid business license; and
ix. violates any provision of theses directives as may in the opinion of the financial institution warrant termination of the agency relationship.
10. Notification and Publication of List of Agents and Related Information
10.1 Financial institutions shall have a dedicated unit at head office level that is responsible for coordinating mobile and agent banking services and centrally maintaining mobile and agent banking service related information.
10.2 Financial institutions shall submit to the National Bank an updated list of agents and their related information on quarterly basis.
10.3Financial institutions shall publish an updated list of all agents and related information, products and services offered and fee structure in their websites at least on a monthly basis and other publications as they may deem appropriate. Such information including the information specified under annex II of these directives shall be disseminated to all their branches and may also be disseminated to their agents.
11. Relocation, Transfer and Closure of Agent Premises
11.1 No agent shall relocate, transfer or close its agent banking premises without the prior written consent of the financial institution.
11.2 Notice of intention to relocate, transfer or close agent banking premises shall be served to the financial institution at least thirty days or longer period as may be agreed upon in the contract.
11.3 Each financial institution shall duly report to the National Bank the relocation, transfer or closure of agents as set out in these directives.
12. Customer Protection
Financial institutions shall put in place adequate policies and procedures to address customer protection and compliant redressal issues. To this end, the policies and procedures should address at a minimum the following:
12.1 customer identification procedure;
12.2 a mechanism for the customer to easily identify agents and the services provided through agents;
12.3 a requirement for agents to issue a standard, uniform and easily identifiable paper receipts for all transactions undertaken through them;
12.4 keeping secrecy and confidentiality of customers’ information;
12.5 requirements for mandatory disclosures of terms and conditions , risks and responsibilities of the customers and service providers
12.6 information such as standard logo/brand, list of products and services, copy of certificate of agency, service charges, updated list and address of agent network, mobile number of the agent, shall be displayed in the premise of the agent in a visible manner;
12.7 transparency in pricing products and services;
12.8 financial institutions shall store and avail at least the last 10 transactions
conducted by a customer on the system itself online;
12.9 a help desk, dedicated customer care telephone lines, and disclosure of the details of the help desk;
12.10. notification of customers on the timeframe and the circumstances in which any stop-payment instructions could be accepted;
12.11. recording/registering all customer complaints and how such complaints are redressed; and
12.12. establish a reasonable time frame upon which customer complaints shall be addressed which in any case should not be more than thirty working days from the date of reporting or lodging the complaint.
13. Reporting Requirement
Financial institutions that provide mobile and agent banking services shall:
13.1promptly report to the National Bank any suspected or confirmed cases of fraud, major security breaches, any material service interruption or other significant issues; and
13.2submit to the National Bank information related to the services as specified under Annex II, Annex III and Annex IV of these directives on quarterly basis within three weeks from the end of each quarter.
14. Effective Date:
These directives shall enter into force as of the 1st day of January 2013.
via Norway immigration officials lose Ethiopia case / News / The Foreigner — Norwegian News in English..
Norway immigration officials lose Ethiopia case
The Immigration Appeals Board (UNE) was defeated in Oslo District Court following judges’
decision against sending seven-year-old Nathan Eshete and parents Asfaw and Zinash back to Ethiopia.
Click HERE to read full story.
