Category Archives: law

New Prclamations 2013 (2005 E.C.)


Proclamation No. 787/2013 OPEC  Fund  for  International  Development Loan  Agreement  for  Financing  the  Rural Electrification  Project  in  Gode  – Kebridehar Ratification Proclamation  DOWNLOAD

Proclamation No. 788/2013 Arab  Bank for  Economic  Development  in  Africa Loan  Agreement  for  Financing  the  Rural Electrification  Project  in  Gode-Kebridehar Project Ratification  Proclamation DOWNLOAD

Proclamation No.  789/2013 Economic  and  Technical  Co-operation Agreement with the Government of the State of Qatar Ratification Proclamation  DOWNLOAD

Proclamation No. 79112013 International Convention  for  the  Prevention  of Pollution  from  Ships  (MARPOL  73/78) Ratification Proclamation  DOWNLOAD

Proclamation No. 79212013 Convention  on  the  Suppression  of  Unlawful Acts Against the Safety of Maritime Navigation Ratification Proclamation  DOWNLOAD

Proclamation No. 800/2013 African  Development  Fund  Loan  Agreement for  Financing  Drought  Resilience  and Sustainable  Livelihoods  Programme  in  the Horn  of  Africa  Ethiopia  Project  Ratification Proclamation  DOWNLOAD

Proclamation No. 801/2013 Commercial  Registration  and  Business Licensing(Amendment) Proclamation DOWNLOAD

Proclamation No. 805/2013 Export  Import  Bank  of  India  Credit  Agreement  to Provide Credit for Financing the Assayta-Tadjourah Railway  Project  Ratification  Proclamation  DOWNLOAD

Proclamation No. 790/2013 Foreign Service Proclamation  DOWNLOAD

Proclamation No. 794/2013 International Development Association Financing Agreement for the Financing of Health Millennium Development Goals Program for Results Ratification Proclamation    DOWNLOAD

Proclamation No. 795/2013 Export-Import Bank of China Loan Agreement for Financing the Adama Wind Power Construction Project (Phase II) Ratification Proclamation DOWNLOAD

Proclamation No. 796/2015 Global Green Growth Institute Establishment Agreement Ratification Proclamation    DOWNLOAD

Proclamation No. 797/2013 Nile Basin  Cooperative  Framework  Agreement Ratification Proclamation  DOWNLOAD

Proclamation No. 802/2013 Mining  Income  Tax  (Amendment)  Proclamation  DOWNLOAD

Proclamation No. 804/2013 National  Intelligence  and  Security  Service  Re-establishment Proclamation   DOWNLOAD

Proclamation No. 80712013 Capital  Goods  Leasing  Business  (Amendment) Proclamation  DOWNLOAD

Regulation of Mobile and Agent Banking Services National Bank of Ethiopia Directives No. FIS /0112012


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. Continue reading →

TRADEMARK REGISTRATION AND PROTECTION COUNCIL OF MINISTERS REGULATION No. 273-2012


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. Continue reading →

Proclamation No. 761/2012 Telecom Fraud Offence Proclamation


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

Directive No 46/2007 Issued to Provide for the use of Sales Register Machines


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:-

  1. “Machine” Means a sales register machine.
  2. “Machine identification code” means a code that uniquely identifies a machine and is provided by the Authority.
  3. “User” mean a person or body that is obliged to use a sales register machine under the Regulation and this directive.
  4.  “Service Center” means a body registered by the Tax Authority and certified by an accredited Sales Register Supplier to carry out control, maintenance and repair of machines.
  5. “Service person” means an authorized person who performs control, maintenance and repair of sales register machines, on the basis of a contract entered between the service center and the user.
  6. “Fiscal Documents” mean sales receipts, refund receipts, daily sales and periodical summary reports.
  7. “Fiscal Logo” means a graphical symbol which is printed on each machine generated fiscal document.
  8. “Terminal” means a two way data transfer communication device that is connected to the sales register machine and interfaces with the Tax Authority’s server through wireless communication.
  9. “Inspection booklet” means a maintenance and inspection recording booklet that must accompany each machine and bears the unique registration number of the machine.
  10. “Z-report” means a summary sales report printout generated by a sales register machine at the close of each session.
  11. “Regulation” means the Council of Minister’s Regulation to provide for the obligatory use of sales register machines.
  12. Other words and phrases used in this directive shall have the same meaning assigned to them as in the Regulation. Continue reading →

Regulation no. 4/2010 Regulation for the issuance of certificate of professional competence to private auditors and accountants


Regulation no. 4/2010

Regulation for the issuance of certificate of professional competence to private auditors and accountants

WHEREAS, the Office of the Federal Auditor General has been empowered, under the Office of the Federal Auditor General Establishment Proclamation No. 669/2010, to issue and renew certificates of professional competence to private auditors and accountants as well as to supervise the proper fulfillment of the activities of private auditors and accountants and to suspend and cancel their certificates of professional competence where they undertake their activities inappropriately;

WHEREAS, Article 22(1) of the Office of the Federal Auditor General Establishment Proclamation No. 669/2010 has provided that the Office of the Federal Auditor General discharge the above responsibility in accordance with a regulation to be issued by the House of People’s Representatives;

NOW, THEREFORE, in order to determine the procedure for the Office of the Federal Auditor General to issue and supervise certificate of professional competence of private auditors and accountants and to suspend and cancel of those inappropriately undertake their activities, the House of Peoples’ Representatives in accordance with the Office of the Federal Auditor General Establishment Proclamation No. 669/2010 Article 22(1) has issued this Regulation as follows Continue reading →

DRAFT PROCLAMATION TO PROVIDE FOR ADVERTISEMENT


The Ethiopian Broadcasting Authority has prepared a draft proclamation to govern the advertising business. The draft has been presented to stakeholders for discussion. The draft contains 38 articles. The draft requires any person who wants to engage in advertising activity to obtain an advertising business license. The contents of any advertisement must comply with the conditions laid down by the draft. Accordingly, any advertisement transmitted through the use of means of advertising dissemination or transmission shall be truthful, free from any unlawful, immoral, misleading and unfair content or presentation that may harm consumers. Advertisement which exposes the physical and mental health of the people to harm and which does not respect the social and traditional value of the society or does not protect the legitimate rights of the public is prohibited. Unlike most of the other proclamations issued by the parliament, violation of miscellaneous provisions of the draft proclamation does not entail severe penalty. Maximum penalty to be imposed for violation is fine not less than Birr 10,000 (ten thousand Birr)

The following is the text of the draft proclamation prepared by the Authority. Download the pdf file for full version.

DOWNLOAD Draft Advertisement proclamation (pdf)

PROCLAMATION No. ________/2011

Advertising Proclamation (Draft)

PROCLAMATION No._____/2011

A PROCLAMATION TO PROVIDE FOR ADVERTISEMENT

WHEREAS, advertisement plays a significant role in the political, economic and social development of the country by determining the activities of the public in marketing exchange and services rendering;

WHEREAS, advertisement plays a significant role in establishing healthy market competition in which it relates to the market-led economic system of the country;

WHEREAS, apart from protecting the development of the sector, the existence of advertisement law can help to protect the rights and benefits of the people and the dignity and benefits of the country;

WHEREAS, because of the advertising agent, advertisement publishers and advertisers are required to undertake their tasks in proper manner with respect to the principles of advertising, it has been found essential to clearly define the rights and obligations of persons who undertake advertisement services;

WHEREAS, to these ends, it has been found essential to issue a law that governs advertisement activities;

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 PROVISIONS

1. Short Title

This Proclamation may be cited as the “Advertising Proclamation No._____/2011”.

2. Definition

In this Proclamation, unless the context requires otherwise:

1/ “Advertisement” means a message which is transmitted to publicize or promote sales of goods and services, name, logo, trademark, objectives or other related message.

2/ “The means of advertising dissemination or transmission” means that uses for advertising dissemination or transmission and that includes Advertisement through mass media, outdoor advertisement, telecommunication, postal, internet and fax services, cinema, film, video or any other related means of advertising dissemination or transmission.

3/ “Public Advertisement” means a message transmitted by a non-profitable organization or any institution that provides services to the public that transmits message for the purpose of charity, the benefit of the public, to educate or inform the public, or to request the cooperation of the public.

4/ “Advertising Activity” means engagement in an activity related to choosing media or means of advertisement, planning, designing, by assess the market rendering sales and promotion services, produce and publish advertisements and undertaking any activity related to advertisement activities.

5/ “Advertising Agent” refers to a person who is assigned by advertiser or advertising publisher that is engaged in an activity related to choosing media or means of advertisement, planning, preparing, by assess of the market rendering sales and promotion services, disseminating promotional materials or undertaking any activity related to advertisement activities.

6/ “Advertisement Publisher” refers to a person that disseminate or transmit advertisement through the use of means of advertising dissemination or transmission by providing transmission time, printing coverage or other related services.

7/ “Advertiser” refers to a person to whom a message is transmitted to publicize and promote his sales of goods and services, name, logo, trademark, objectives or other related message through the use of means of advertising dissemination or transmission.

8/ “Mass Media” means printed matter that includes periodical and broadcasting services.

9/ “Periodical” means printed material which is scheduled to appear in regular sequences of at least twice a year, which has a fixed title and which has a general distribution aimed at the entire public or a section thereof, and includes newspapers and magazines; and for the purpose of the execution of this proclamation, it shall include advertisement book, yellow page and telephone directory.

10/ “Broadcasting Service” means a radio or television transmission program conducted to educate, inform, entertain the public and disseminate or transmit advertisement.

11/ “Outdoor Advertisement” means any advertisement transmitted by utilizing outdoor advertisement board hanged up on a pole or planted things or a stand, billboard, electronics screen, moving picture, written on a wall, advertisement either hanged, erected or affixed to on planted things, building or vehicle, banner, poster, sticker, plastic card, leaflets, brochure or flier, packaging, sound, audio cassette, microphone and other related means of advertising dissemination or transmission.

12/ “Outdoor Advertisement Service” means an advertisement which a person undertakes to announce products, services, name, logo, trademark, objectives or any related message by utilizing the advertisement media listed in Sub-Article (11) of Article 2 of this Proclamation.

13/ “Sponsored Program or Print” means a program or print the transmission cost of which is paid directly or indirectly or the payment of which is promised or the material, intellectual property or any service of which is provided as a support or cooperate.

14/ “Sponsor” means a person who supports or cooperates with an organizer of a program by providing financial, material, intellectual property or other service to a program or print of another person with the aim of promoting his own or another person’s product, services, name, logo, trademark, objectives or other related messages.

15/ “Infomercial”  means an advertisement enduring more than two minutes including teleshopping, home shopping, direct marketing and direct sales, which is transmitted through television broadcasting  service after being prepared as a program format to promote the products or services of the contracting party who agreed to pay to the broadcaster for such service and it does not include Public Advertisement.

16/ “Inserted Advertisement” means an advertisement inserted in a form of sound or image to promote the products or services of any person from whom the broadcaster has earned money or obtained benefit.

17/ “Split-Screen Advertisement” means an advertisement shown adjacent to a program disseminated by television, video or film screen.

18/ “Counter Advertisement” means an advertisement transmitted to correct wrong public opinion created by previously transmitted advertisement in contradiction to the law and ethics of the profession and thereof to protect and ensure the legal benefits of the victim of such violation.

19/ “Program” means voice or visual or audiovisual arrangement transmitted to inform, educate or entertain the public or an all inclusive transmission program and it includes news.

20/ “News and Current Affairs” means news, documentary, feature or analysis transmitted through mass media about any regional, national or international event which has current political, economical or social relevance.

21/ “Daily Transmission Time” means the broadcasting service transmission in the 24 hours starting from 6 hour in the morning.

22/ “Lottery” means any game or activity in which the prize winner is determined by chance, drawing of lots or by any other means and includes tombola or raffle, lotto, Toto, instant lottery, number lottery, multiple prize lottery, promotional lottery, bingo, sport betting lottery and other similar activities.

23/ “Appropriate Governmental Body” means federal or regional governmental body to which the responsibility is legally vested to execute the provisions of this proclamation.

24/ “Regional State” means any of the regional states specified under Sub Article 1 of Article 47 of the Constitution of the Federal Democratic Republic of Ethiopia, and shall, for the purpose of this Proclamation, includes the Addis Ababa and Dire Dawa City Administration.

25/ “Authority” means the Ethiopian Broadcasting Authority.

26/ “Person” means a physical or juridical person.

3. Scope of Application

This Proclamation shall be applicable to:

1/ Any advertising agent, advertisement publisher and advertisers engaged in advertising activities within the territory of Ethiopia; and

2/ Any advertisement prepared and transmitted in Ethiopia through mass media, outdoor advertisement, telecommunication,  postal and internet service, fax transmission, moving picture, sound, audio-cassette, film or video and advertisement transmitted by an organization established in Ethiopia or a person who reside in Ethiopia through the internet service which is designed in Ethiopia or internet website designed out of Ethiopia.

3/ A foreign mass media from abroad or transmitting in Ethiopia which focus primarily on domestic issues and which have been produced primarily for local audiences.

DOWNLOAD Draft Advertisement proclamation (pdf)

Corrigenda to proclamations and Regulations


DOWNLOAD the pdf version of Corrigenda to proclamations and Regulations.

“A corrigendum of a legislative text is conventionally thought of as a mere rectification of obvious typing mistakes. It is done after the publication of a legislative text. Its purpose is to realign the published legislative text with the original will of the legislative body by removing mistakes that occurred in the publication process. A corrigendum does not contain any provisions on validity or entry into force. It derives its authority from the text it rectifies, including its legitimacy, legal force and the provisions on its temporal application.” Corrigenda in the Official Journal of the European Union: Community Law as Quicksand (Michal Bobek)

The term corrigendum (plural corrigenda) generally refers to an error that is to be corrected in a printed work after publication. It may also be used to denote list of errors in a printed work as a separate page of corrections, known as an errata page.  Merriam Webster(online dictionary)  defines corrigendum as “ an error in a printed work discovered after printing and shown with its correction on a separate sheet” \

In the following list you will find corrrigenda to proclamations and regulations. According to article 11(b) of House of Peoples’ Representatives working procedure and members’ code of conduct (amendment) proclamation no. 470/2005 the power to ‘undertake the technical correction, where deemed necessary’ is an exclusive power of the speaker of the house. There is no monitoring procedure to ensure that any ‘correction’ introduced by the speaker  does not alter or change the substantive content of the proclamation. What is worse, those errors to be rectified by the speaker are not the ones which are detected after publication. Article 11(b) of proclamation no. 470/2005 empowers the speaker to make correction prior to the publication of the proclamation in the Negarit Gazetta. This in effect means that the speaker of the house holds a law making power in the name of correcting errors. Any error before publication is an exclusive matter to be dealt to the house itself. Even though the basic purpose of corrigenda is to ensure that the published text is similar with the draft approved by the house, Ethiopian law making procedure deviates from the basic rules and principles of legislation acceptable in all legal systems.

The Council of Ministers does not have any legislative procedure which is official to the public and approved by law. Hence, no knows who actually makes correction to regulations.

Corrigenda to proclamations 

1. Corrigendum No. 1/1998 English version

[Repealed by Property Mortgaged or Pledged with Banks (Amendment) Proclamation No. 216/2000]

[Business Mortgage Proclamation No. 98/1998]

Property Mortgaged or Pledged with Banks Proclamation No. 97/1998 is hereby corrected by:

1. omission of the “,” after the word “buyer”, in Article 3, and insertion thereinafter of the phrase “or to take over the property, in consideration of its estimated value as specified in the contract of loan, and have the ownership thereof registered in its own name; in cases where bidders fail to appear upon a secon4 public auction having been held.”; and

2. omission of the “.” at the end, of Article 4, and addition thereinafter of the phrase “or take over the property, in consideration of its estimated value as specified in the contract of 19an,and have the ownership thereof registered in its own name; in cases where bidders fail to appear upon a second public auction having been held.”

2. Corrigendum No. 2/1999 Amharic and English version

[Ethiopian National Archives and Library Proclamation No. 179/1999]

The “2%” in “Article 8(2)” under Article 2(2) of the Investment (Amendment) Proclamation No. 168/1999 shall read “27%”.

3. Corrigendum No. 4/2009       Amharic and English version

[Federal Government of Ethiopia Financial Administration Proclamation No. 648/2009]

The statement under Article 60 of the Ethiopian Building Proclamation No. 624/2009 stated as “This Proclamation shall come into force upon the date of its publication in the Federal Negarit Gazeta” shall be read as “This Proclamation shall come into force after one year from the date of its publication in the Federal Negrit Gazeta.”

4. Corrigendum No. 4/2009   Amharic and English version

[Ethiopian Building Proclamation No. 624/2009]

In this Proclamation the statement under Article 60 stated as “ This Proclamation shall come into force upon the date of its publication in the Federal Negarit Gazeta” shall be read as “This Proclamation shall come into force after one year from the date of its publication in the Federal Negrit Gazeta.”

5. Corrigendum No. 5/2009 English version

[Transaction of Precious Minerals Proclamation No.651/2009]

The English version of Article 23 (1) of the Banking Business Proclamation No. 592/2008 which reads in its second line as “…. The international financial statements standards ….” Is hereby corrected and shall be read as “…international financial reporting standards..”

6. Corrigendum No. 6/2009   English version

[Transaction of Precious Minerals Proclamation No.651/2009]

The English version of the Micro-Financing Business Proclamation No.626/2009 writes the number Article “25” two times, accordingly the latter Article “25” is hereby corrected as Article “26”. Similarly the English version of this same Article 26 in the last paragraph of its sub article (1) which reads as “Birr 500,000” is hereby corrected and shall be read as “Birr 50,000

7. Corrigendum no. 1/2001 Amharic and English version (Amharic corrigenda is from the English corrigenda)

[Ethiopian National Security Council Establishment Proclamation No. 257/2001]

The Fuel price stabilization Fund Establishment Proclamation No. 247/2001 is hereby corrected as

follows: The word “from” after “working days” in Sub- Article (2) of Article 5 is deleted, and the phrase’ ‘of the month next to” is inserted therein.

8. Corrigendum No. 1/2002   Amharic and English version (Amharic corrigenda is from the English corrigenda)

[National Agricultural Input Authority Establishment Proclamation No. 288/2002]

The “Five (5) years” after the word “next” in sub-Article (1) of Article 28 of the Income Tax Proclamation No. 286/2002 shall read “three (3) years.”

9. Corrigendum No. 7/2010   Amharic and English version

[Income Tax (Amendment) Proclamation No.693 /2010]

Article  38  of  the  Definition  of  Powers  and  Duties of  the Executive Organs of  the Federal Democratic  Republic  of  Ethiopia which  reads  “This Proclamation shall come into force a year after  its  publication  in  the  Federal  Negarit  Gazeta.”  is hereby  corrected  and  shall  be  read as  “This Proclamation shall come into force on the  date  of  publication  in  the  Federal Negarit Gazeta.”

Corrigendum to Regulations

Corrigendum No. 1/1999   Amharic and English version

[Electricity operations Council of Ministers Regulations No. 49/1999]

The Customs Tariffs Council of Ministers (Amendment) Regulations of 25 December, 1998 is hereby corrected as follows:

a) the issue number “5thyear No. 27″ shall read “5th year No. 51″; and

b) the page numbers “942″ and “943″ shall read “1025″ and “1026″ respectively.

Repeal of Corrigendum No. 1/998

Property Mortgaged or Pledged with Banks (Amendment) Proclamation No. 216/2000

The Property Mortgaged or Pledged with banks Proclamation No. 97/1998 is hereby amended as follows:

I) The correction made to Article 3 of Proclamation under paragraph (1) of Corrigendum No. 1/998 is hereby deleted and the phrase “or if no buyer appears at the second auction, to acquire the property at the t100r price set for the first auction and have the ownership of the property transferred to it” is inserted after the word’ ‘buyer” on the eighth line of the Article.

2) The correction made to Article 4 of the Proclamation under paragraph (2) of Corrigendum No. 1/1998 is hereby deleted and the phrase’ ‘or if no buyer appears at the second auction, it may acquire the property at the floor price set for the first auction and have the ownership of the property transferred to it” is added after the word.. “buyer” at the end of the Article.

ማረሚያ በአማርኛው ቅጂ ላይ

ማረሚያ[i]

[አዋጅ ቁጥር 351/1995 የከፍተኛ ትምህርት አዋጅ]

1)  አዋጅ ቁጥር 354/1995 ከገጽ 2368-2373 ተብሎ የወጣው የኢሚግሬሽን አዋጅ ገጽ ቁጥሩ የተጻፈው በስህተት ስለሆነ ገጽ ቁጥሩ ከ2268-2273 ተብሎ ይነበብ፡፡

2)  የኢትዮ-የመን የኢኮኖሚ የሳይንስ፤ የቴክኒክ ትብብርና የንግድ ግንኙነት ስምምነት ማጽደቂያ አዋጅ ቁጥሩ 174/1962 ተብሎ የተባለው በስህተት ስለሆነ አዋጅ ቁጥሩ 174/1991 ተብሎ ይነበብ፡፡

ማረሚያ ቁጥር 1/1994

[አዋጅ ቁጥር 257/1994 የኢትዮጵያ ብሔራዊ ደህንነት ምክር ቤት ማቋቋሚያ አዋጅ]

የነዳጅ ዋጋ ማረጋጊያ ፈንድ ማቋቋሚያ አዋጅ ቁጥር 247/1993 ከዚህ የሚከተለው እርምት ተደርጎበታል

በአንቀጽ 5 ንዑስ አንቀጽ (2) “እ.ኤ.አ.” ከሚለው ቀጥሎ “የሚቀጥለው ወር” የሚል ተጨምሮ ይነበብ

ማረሚያ ቁጥር 1/1994

[አዋጅ ቁጥር 288/1994 የብሔራዊ የግብርና ግብዓት ባለስልጣን ማቋቋሚያ አዋጅ]

የገቢ ግብር አዋጅ ቁጥር 286/1994 የሚከተሉት እርማቶች ተደርገውበታል፡፡

  1. አንቀጽ 13 (መ) “ከገቢ” ከሚለው ቀጥሎ “ግብር”የሚል ቃል ተጨምሮ ይነበብ
  2. አንቀጽ 87 ከንዑስ አንቀጽ (2)(ሀ) ቀጥሎ፤ “ለ) 20 ሺ ብር” የሚል ተጨምሮ ይነበብ::

ማረሚያ ቁጥር 2/1991

[አዋጅ ቁጥር 179/1991 የኢትዮጵያ ብሔራዊ ቤተ መዛግብትና ቤተ መጻሕፍት አዋጅ]

በኢንቨስትመንት /ማሻሻያ/ አዋጅ ቁጥር 168/1991 አንቀጽ 2(2) ስር ባለው “አንቀጽ 8(2)” “2 ፐርሰንት” የሚለው “27 ፐርሰንት” ተብሎ ይነበብ

የኢንቨስትመንት (ማሻሻያ) አዋጅ ማውጫው ስር የእንግሊዝኛው ቅጂ 373/2003 የተባለው በስህተት ስለሆነ 375/2003 ተብሎ ይነበብ

ማረሚያ ቁጥር 4/2001

[አዋጅ ቁጥር የኢትዮጵያ ሕንጻ አዋጅ]

በዚህ አዋጅ አንቀጽ 60 “ይህ አዋጅ በፌደራል ነጋሪት ጋዜጣ ታትሞ ከወጣበት ቀን ጀምሮ የጸና ይሆናል” የሚለው “ይህ አዋጅ በፌደራል ነጋሪት ጋዜጣ ታትሞ ከወጣበት ቀን ጀምሮ አንድ ዓመት ካበቃ በኋላ ተፈጻሚ ይሆናል” በሚል ይነበብ፡፡

ማረሚያ ቁጥር 4/2001

[የኢትዮጵያ ፌደራል መንግስት የፋይናንስ አስተዳደር አዋጅ 648/2001]

በኢትዮጵያ የህንጻ አዋጅ ቁጥር 624/2001 አንቀጽ 60 “ይህ አዋጅ በፌደራል ነጋሪት ጋዜጣ ታትሞ ከወጣበት ቀን ጀምሮ የጸና ይሆናል” የሚለው “ይህ አዋጅ በፌደራል ነጋሪት ጋዜጣ ታትሞ ከወጣበት ቀን ጀምሮ አንድ ዓመት ካበቃ በኋላ ተፈጻሚ ይሆናል” በሚል ይነበብ፡፡

ማረሚያ[ii]

[አዋጅ ቁጥር 374/1996 ቅርስን በሕገወጥ መንገድ ከሀገር ማስወጣትን፣ ወደሀገር ውስጥ ማስገባትንና ባለቤትነት ማዞርን ለመከላከል የተደረገውን ዓለም አቀፍ ስምምነት ለማጽደቅ የወጣ አዋጅ]

የኢንቨስትመንት (ማሻሸያ) አዋጅ ማውጫው ስር የእንግሊዝኛው ቅጂ 373/2003 የተባለው በስህተት ስለሆነ 375/2003 ተብሎ ይነበብ፡፡[iii]

ማረሚያ ቁጥር 7/2003

[የገቢ ግብር /ማሻሻያ/ አዋጅ 693/2003]

የኢትዮጵያ  ፌዴራላዊ  ዲሞክራሲያዊ  ሪፐብ ሊክ  አስፈፃሚ  አካላትን  ሥልጣንና  ተግባር  ለመወሰን  በወጣው  አዋጅ  ቁጥር 691/2003 አንቀፅ “8  “ይህ አዋጅ በፌዴራል ነጋሪት ጋዜጣ  ታትሞ ከወጣበት ቀን ከአንድ አመት  በኋላ  ጀምሮ  የፀና  ይሆናል፡፡”  የሚለው  “ይህ አዋጅ  በፌዴራል  ነጋሪት  ጋዜጣ  ታትሞ  ከወጣበት ቀን ጀምሮ  የፀና ይሆናል፡፡”  ተብሎ  ይነበብ፡፡


[i] ማረሚያው ቁጥር የለውም

[ii] ማረሚያው ቁጥር የለውም

[iii] ማረሚያው በአማርኛ ሆኖ የሚያወራው ግን ስለ እንግሊዝኛው ቅጂ ነው፡፡

 

Federal Courts(Amendment) Proclamation No. 138/1998


PROCLAMATION NO. 138/1998

A PROCLAMATION TO AMEND THE FEDERAL COURTS PROCLAMATION

WHEREAS, it is found necessary to amend the Federal Courts Proclamation No. 25/1996;

NOW, THEREFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows: Continue reading →

Freedom of the Mass Media and Access to Information Proclamation No. 590/2008


PROCLAMATION NO. 590/2008.

A PROCLAMATION TO PROVIDE FOR FREEDOM OF THE MASS MEDIA AND ACCESS TO INFORMATION

WHEREAS, the Constitution of the Federal Democratic Republic of Ethiopia, guarantee freedom of expression and of the mass media ;

Noting that, by prohibiting censorship, the Constitution promotes a free mass media;

Reaffirming the constitutional principle that restrictions on freedom of expression and of the mass media shall only be based on laws which secure and preserve the wellbeing of the youth, honour and reputation of persons ,national security , public order and other overriding rights;

Cognizant of the necessity of preserving and consolidating past achievements and positive practices pertaining to freedom of expression while removing structural and institutional impediments that hinder the independent operation of the mass media and the free exchange of information and ideas

Aware that a free, independent and diverse mass media with high ethical standards and professional competence plays an indispensable role in the national endeavour to build democratic order in Ethiopia;

Recalling the role of the mass media in ensuring respect for the fundamental rights and freedoms guaranteed by the Constitution, and in promoting peace, democracy, equality and justice;

Recognizing the right of the media to collect and disseminate information, including of a critical nature; realizing that an independent mass media that serves as a public forum for uninhibited democratic dialogue thrives on a viable freedom of information system that facilitates the free flaw of information and ideas among citizens by enabling them to exercise their right to seek, receive and impart information and opinions freely;

Affirming the fundamental importance, in a democracy, transparent conduct of government affairs and, in particular, the right of individuals to access information held by public bodies;

Determined to promote and consolidate the values of transparency and accountability in the conduct of public affairs, as guaranteed by the Constitution, and to impose a legal obligation on public officials to facilitate access to individuals and the mass media to information so that matters of public interest may be disclosed and discussed publicly;

Convinced of the need to amend the existing press law and to replace it by a new law that is commensurable with the ongoing democratic transformation that is taking place in Ethiopia;

Now, therefore, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows: Continue reading →

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