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.
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 →
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 →
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 the file from the original source.
Federal Supereme Court Cassation Decisions Volume 13 is now officially released. Click HERE to download.
I have added bookmarks and links for easy navigation.
Effect of Formalities on the Enforcement of Insurance Contracts in Ethiopia
(LL.B, LL.M; Arbitration Tribunal Manager, Ethiopia Commodity Exchange; Part-time Lecturer at AAU Faculty of Law)
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.
International Trade and Human Rights: An Unfinished Debate
Abadir M. Ibrahim
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…
“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.
Investment Incentives and Investment Areas Reserved for Domestic Investors Council of Ministers Regulation No. 270-2012
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”.
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. Continue reading →
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) Continue reading →