Tag Archives: Ethiopian banking law

Swedes Schibbye and Persson ‘pardoned’ by Ethiopia


BBC News – Swedes Schibbye and Persson ‘pardoned’ by Ethiopia.

Ethiopia has pardoned two Swedish journalists jailed last year for supporting terrorism, an official has said, adding they would be freed soon.

Martin Schibbye and Johan Persson are serving an 11-year jail term after they were captured in July 2011 with rebels in eastern Ethiopia.

Prime Minister Meles Zenawi pardoned the journalists before his death last month, the official said.

They have always argued they were in Ethiopia just to do their job.

Schibbye and Persson appealed for clemency following their conviction in December 2011 for supporting the Ogaden National Liberation Front (ONLF), which Ethiopia regards as a terrorist group.

The official, who spoke on condition of anonymity, said they would be freed this week along with about 1,900 other prisoners.

“It was never the intention of the government to see them languish in jail,” he is quoted by AP news agency as saying.

The Ethiopian New Year – when prisoners are often released – will be celebrated on Tuesday.

‘Weapons training’

Mr Meles, who was in power for 21 years, died last month after a long illness.

The government said his deputy, Hailemariam Desalegn, would be sworn in to serve as prime minister until the next election, due in 2015.

But this has not yet happened, fuelling speculation of a power struggle.

Schibbye and Persson were captured by Ethiopian troops during a clash with ONLF fighters in July 2011.

The men acknowledged during their trial that they had held talks with ONLF leaders in London and Nairobi, before entering Ethiopia from Somalia and meeting about 20 members of the group 40km (25 miles) from the border.

They said their contacts with the ONLF were intended to help them to get into a region the Ethiopian authorities would not allow journalists to enter.

They said they wanted to report on the activities of a Swedish oil company, Lundin Petroleum, in the Ogaden.

Both men denied terrorism charges, including claims that they had been given weapons training.

Rebels in the Ogaden region have been fighting for independence since the 1970s, and the ONLF has been at the forefront of the fight since it was founded in 1984.

The Ogaden is an ethnic Somali part of Ethiopia.

One ONLF faction has signed a peace deal with the government, but another splinter group has continued to fight the army.

Rights groups accuse Ethiopia of trying to cover up abuses by troops in the region.

Compiled Administrattive Directives


Now You can easily get all directive in ONE.

Use Bookmark or Table of Contents to find a specific directive within the compilation.

Ethiopian Revenue and Customs Authority Consolidated Tax and Customs Directives

የተጠቃለሉ የቀረጥ ግብር እና ጉምሩክ መመሪያዎች

National Bank of Ethiopia

LICENSING AND SUPERVISION OF BANKING BUSINESS Consolidated National Bank Directives

LICENSING AND SUPERVISION OF INSURANCE BUSINESS Consolidated National Bank Directives

LICENSING AND SUPERVISION OF THE BUSINESS OF MICRO-FINANCING INSTITUTIONS Consolidated National Bank Directives

Consolidated Foreign Exchange Directives

National Election Board

Consolidated National Election Board Directives (English)

የኢትዮጵያ ብሔራዊ የምርጫ ቦርድ መመሪያዎች

Ethiopian Broadcasting Authority

Consolidated Ethiopian Broadcasting Authority Directives

የመንግስት ቤቶች ኤጄንሲ (Agency for Government Houses Directive)

(የመንግስት ቤቶች ኤጄንሲ በሚያስተዳድራቸው ቤቶች የተፈፀሙ ህገ-ወጥ ተግባራትን ስርዓት ለማስያዝ እንዲቻል ተሻሽሎ የተዘጋጀ መመሪያ)

Consolidated Ministry of Education Directives

ትምህርት ሚኒስቴር

  • በትምህርት ተቋማት የአምልኮ ሥርዓትን በሚመለከት የወጣ መመሪያ
  • የግል ከፍተኛ ትምህርት ተቋም የመጀመሪያ ዱግሪ ትምህርት የዕውቅና አሰጣጥ መመሪያ
  • ከቴክኒክና ሙያ ትምህርትና ሥልጠና መስክ ወደ ከፍተኛ ትምህርት ተቋም መሸጋገሪያ መመሪያ

Consolidated Ethiopian Investment Agency Directives

የተጠቃለሉ የኢትዮጵያ ኢንቨስትመንት ባለስልጣን መመሪዎች

Consolidated Charities and Societies Agency Directives

የተጠቃለሉ የበጎ አድራጎት ድርጅቶችና ማህበራት ኤጀንሲ መመሪያዎች

Consolidated Ethiopian Athletics Federation Directives

የተጠቃለሉ የኢትዮጵያ አትሌቲክስ ፌዴሬሽን መመሪያዎች

Consolidated Ministry of Construction and Urban Development Directives

የተጠቃለሉ የከተማ ልማትና ኮንስትራክሽን ሚኒስቴር መመሪያዎች

For list of Directives included in Each directives CLICK HERE

Pages: 1 2

ASSET CLASSIFICATION AND PROVISIONING FOR DEVELOPMENT FINANCE INSTITUTIONS Directives No. SBB/ 48/2010


LICENSING AND SUPERVISION OF BANKING BUSINESS

Directives No. SBB/ 48/2010     DOWNLOAD (PDF)

ASSET CLASSIFICATION AND PROVISIONING FOR DEVELOPMENT FINANCE INSTITUTIONS

1. Issuing Authority

These Directives are issued by the National Bank of Ethiopia pursuant to the authority vested in it by articles 21 and 22 of Banking Business Proclamation No. 592/2008.

2. Short Title

These Directives may be cited as “Asset Classification and Provisioning for

Development Finance Institutions Directives No. SBB/ 48/2010”.

3. Purpose

The purpose of these Directives is to provide guidelines to development finance institutions to assure that:

3.1loans are regularly reviewed and prudently classified in a manner that appropriately reflect credit risk;

3.2loans which are not performing in accordance with contractual repayment terms are timely recognized and reported as past due ;

3.3accrued but uncollected interest on loans is properly accounted for; and

3.4timely and adequate provisions are made to the “Provisions for Loan Losses Account” in order to ensure that disclosed capital and earnings performance are accurately stated. Continue reading →

Proclamation No. 216 /2000 A PROCLAMATION TO AMEND THE PROPERTY MORTGAGED OR PLEDGED WITH BANKS PROCLAMATION


Proclamation No. 216 /2000

A PROCLAMATION TO AMEND THE PROPERTY

MORTGAGED OR PLEDGED WITH BANKS PROCLAMATION

WHEREAS it has become necessary to amend the Property Mortgaged or Pledged with Banks Proclamation No. 97/1998;

NOW, THEREFORE, in accordance with Article 55/1/ of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

1. Short Title

This Proclamation may be cited as the “Property Mortgaged or Pledged with Banks (Amendment) Proclamation No. 216/2000″.

          2. Amendment

The Property Mortgaged or Pledged with Banks Proclamation No.

97/1998 is hereby amended as follows:

1/ The correction made to Article 3 of the Proclamation under paragraph (1) of Corrigendum No. 1/1998 is hereby deleted and the phrase “or if no buyer appears at the second auction, to acquire the property at the floor 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.

2. Effective Date

This Proclamation shall come into force as of the 6th day of July, 2000.

Done at Addis Ababa, this 6th day of July,2000.

NEGASO GIDADA (DR.)

PRESIDENT OF THE FEDERAL

DEMOCRATIC REPUBLIC OF ETHIOPIA

 

PROCLAMATION NO. 98/1998 A PROCLAMATION TO PROVIDE FOR BUSINESS MORTGAGE


PROCLAMATION NO. 98/1998

A PROCLAMATION TO PROVIDE FOR BUSINESS MORTGAGE

WHEREAS, it is stated under Article 186 of the Commercial Code that the manner of keeping register of mortgage of business and canceling entries shall be specified by law;

WHEREAS, it is also stated under Article 1175(1) of the Commercial Code that the provisions of Article 179 of the code relating to registration of Commercial Mortgage shall come into force on such day and on such conditions as shall be notified by order published in the Negarit Gazeta;

WHEREAS, in order to create conducive environment to the economic development by enabling banks to efficiently collect debts from debtors whose business has been mortgaged with the banks and thereby establishing a good business culture;

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 “Business Mortgage Proclamation No, 98/ 1998″.

2. Definition

In this Proclamation:

1) “Business” means a business specified under the 1960 Commercial Code of Ethiopia;

2) “Bureau” means Regional or City Bureau of Commerce and Industry or a Regional or City authority entrusted with the power to register mortgages;

3) “City” means Addis Ababa, Dire Dawa or any City which is accountable to the Federal Government;

4) “Region” means a region specified under Art. 47 of the Constitution of the Federal Democratic Republic of Ethiopia;

5) “Person” means a natural or juridical Person

PART TWO

REGISTRATION OF BUSINESS MORTGAGE

3. Keeping of Register

1) Register of mortgage of business shall be kept in each Region or City.

2) The manner of organizing and keeping of register of mortgage shall be determined by the Executive Organ of the Region or City.

4. Requirement ofBusiness License

In order to mortgage a business, the business shall be one which has been registered and given business license by the appropriate Federal or Regional authority.

5. Application for Registration

1) Any request for registration mortgage of business may be submitted by the concerned person.

2) The request for registration of mortgage shall be submitted by filling in two copies the application forms for registration prepared by the Bureau.

3) The Applicant shall attach the contract or other evidence which is the basis for the request of registration.

4) When the forms are presented to the Bureau, the Bureau shall, after verifying the forms, give consecutive numbers in the order of their submission.

6. Content of Application form for Registration

1) The Bureau shall prepare application form for registration.

2) The application form for registration shall include the following:

a) the name and address of the applicant or agent requesting for registration;

b) if the business has been mortgaged previously the registry number and date of registry;

c) whether the mortgage emanates from the law or contract;

d) whether the application for registration is for making new registration or amending the existing registration;

e) the day, month and year of the filling of the form.

7. Identification Marks

1) The secured creditor may put identification mark on the property mortgaged based on Article 175(1)(g) and Article 179(1)(e) of the Commercial Code.

2) The identification marks made in accordance with sub- Article (1) of this Article shall be entered in the Register.

8. Information entered in the Register

1) Important information entered in the register, in particular:

a) the day, month and year of the entry of the mortgage in the Register;

b) any amount of money or other sums both in numbers and words;

shall be written clearly.

2) any information entered in the register shall be written in ink which does not fade-out.

9. Registration and Registration Fee

If an application form for registration of mortgage with the necessary documents has been presented and verified by the Bureau, the applicant shall pay registration fee.

10. Correction of Information Entered in the Register

1) Any information entered in the register, may be corrected if it is found to be incomplete or incorrect.

2) The Bureau shall issue directives regarding correction of information entered in the register.

11. Inspection

The Bureau may, in order to investigate or inspect the status of the business registered as a mortgage, inspect the said business on site or request information. The owner has an obligation to cooperate thereto.

 

12. Cancellation Procedure

1) A person who requests for the cancellation of a mortgage from the register shall submit the agreement allowing the release of the mortgage or the final judgment of the court.

2) The registrar shall, after verifying the document submitted to it, cancel the mortgage from the register.

PART THREE

SELLING OF BUSINESS MORTGAGE BY AUCTION

13. Agreement of Mortgage

Notwithstanding the provisions of Art. 189 of the Commercial Code, an agreement which authorizes a secured creditor bank whose claim is not paid to sell the mortgaged business, by auction upon giving a prior notice of at least 30 days to the debtor, and to transfer the ownership of the business to the buyer or to take over the business, 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 second public auction having been held shall be valid.

14. Claim on Mortgaged Business

A secured creditor bank which, prior to the effective date of this Proclamation, has a claim on business mortgage, registered in the Awraja Court in accordance with Article 1175(2) of the Commercial Code as a result of a legal imposition to register mortgage on a business, may sell the business by auction upon by giving a prior notice of at least 30 days to the debtor and transfer the ownership to the buyer or take over the business, 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 second public auction having been held.

15. Relationship between the Bank and the Debtor

The sale made in accordance with Articles 13 and 14 of this proclamation shall be deemed to have been executed on behalf of the debtor.

16. Application of the Civil Procedure Code to Auction

The provisions of Article 394-449 of the Civil Procedure Code shall, mutatis mutandis, be applicable while the Bank is exercising its power of selling the business mortgage by auction.

17. Liability of the Bank

The Bank shall be liable for any damage it causes to the debtor in the process of selling in violation of the relevant provisions of the Civil Procedure Code specified under Article 16 of this Proclamation.

18. Powers and Duties of the Bureau

1) The Bureau which has registered the business mortgage shall have the powers and duties to take the necessary measures for carrying out the sale by auction.

2) If the Bureau, while taking action in accordance with sub- Article (1) of this Article, finds it necessary to use police force, it may order police.

19. Cases Pending before the Court

Any suit or decree on execution, pending before a court prior to the coming into force of this Proclamation, may be terminated upon application by the creditor bank with which the business has been mortgaged and the bank may sell the business by auction and transfer the property to the buyer in accordance with this Proclamation.

PART FOUR

MISCELLANEOUS Provision

20. Applicability of the Commercial Code

1) The relevant provisions of the 1960 Commercial Code shall be applicable in mortgage of business.

2) For the purpose of this Proclamation, the provisions in the commercial Code concerning mortgage of business shall be read as follows:

a) if it concerns a region the word “Teklay-gizat” shall be read as “Region” and the “Ministry of Commerce and Industry” shall be read as “Bureau”.

b) if it concerns city the word “Teklay-gizat” shall be read as “City” and the “Ministry of Commerce and Industry” shall be read as “Bureau”.

21. Fees

Fees for registration of mortgage and related services based on the Commercial Code and this Proclamation shall be determined by City or Regional law.

22. Effective Date

The provisions of Art. 179 of the Commercial Code on registration of mortgage and the provisions of this Proclamation shall enter into force as of the 19th day of February, 1998.

Done at Addis Ababa, this 19th day of February, 1998.

NEGASO GIDADA (DR.)

PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

 

Corrigendum No. 1/1998

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 second public auction having been held.”

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 loan, 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.”

 

PROCLAMATION NO. 97/1998 A PROCLAMATION TO PROVIDE FOR PROPERTY MORTGAGED OR PLEDGED WITH BY BANKS


PROCLAMATION NO. 97/1998

A PROCLAMATION TO PROVIDE FOR PROPERTY MORTGAGED OR PLEDGED WITH BY BANKS

WHEREAS, it takes rather too long a time to obtain judgment, from courts of law, for sale of property mortgaged or pledged with banks and to subsequently have it executed;

WHEREAS, consequently, banking business thriving on interest payments on loans it provides from public moneys received by way of saving deposits or acquired from other sources, has been adversely affected.

WHEREAS, in order to create a conducive environment to economic development by enabling banks to collect their debts from debtors efficiently and thereby promoting a good business culture, it is necessary to amend the Civil Code concerning the sale of property mortgaged or pledged with banks;

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

1. Short Title

This Proclamation may be cited as the “property Mortgaged or Pledged with Banks Proclamation No. 97/1998″.

2. Definition

In this Proclamation “Registrar” means in the case of mortgage, a Regional or City organ responsible for registering an immovable property or in the case of pledge, an organ with the power to witness the signing of a contract of pledge and deposit same.

3. Contract of Mortgage or Pledge

Notwithstanding the provisions of Articles 2851 and 3060 of the Civil Code, an agreement authorizing a creditor bank with which a property has been mortgaged or pledged and whose claim is not paid within the time stipulated in the contract, to sell the said property by auction upon giving a prior notice of at least 30 days to the debtor and to transfer the ownership of the property to the buyer, shall be valid.

4. Claim on Mortgaged or Pledged Property

A creditor bank which, prior the effective date of this Proclamation, has a claim on property mortgaged or pledged with it, may sell the property by auction upon giving a prior notice of at least 30 days and transfer the ownership of the property to the buyer.

5. Relationship between the Bank and the Debtor

The sale made in accordance with Article 3 and 4 of this Proclamation shall be deemed to have been executed on behalf of the debtor.

6. Application of the Civil Procedure code to Auction

The Provisions of Article 394-449 of the Civil Procedure Code shall, mutatis mutandis, be applicable while the Bank is exercising its power of selling the mortgaged or pledged property by auction.

7. Liability of the Bank

The Bank shall be liable for any damage it causes to the debtor in the process of selling by auction in violation of the relevant provisions of the Civil Procedure Code specified under Article 6 of this Proclamation.

8. Powers and Duties of the Registrar

1. The Registrar shall have the powers and duties to take the necessary measure for carrying out the sale by auction.

2. If the Registrar, while taking action in accordance with sub- Article (1) of this Article, finds it necessary to use police force, he may order the police.

9. Cases Pending before Court

Any suit or decree on execution pending before a court prior to the coming into force of this Proclamation may be terminated upon application by the creditor bank with which the property has been mortgaged or pledged and the bank may sell and transfer the property to the buyer in accordance with this Proclamation.

10. Repealed Law

The Civil Code (Amendment) Proclamation No. 65/1997 is hereby repealed.

11. Transitional Provision

Any action taken in accordance with the Civil Code (Amendment) Proclamation No. 65/1997 prior to the effective date of this Proclamation shall be governed by this Proclamation.

 

12. Inapplicable laws

Any law which is inconsistent with this Proclamation shall not be applicable.

13. Effective Date

This Proclamation shall enter into force as of the 19th day of February, 1998.

Done at Addis Ababa, this 19th day of February, 1998.

NEGASO GIDADA (DR.)

PRESIDENT OF THE FEDERAL DEMOCRATIC

REPUBLIC OF ETHIOPIA

 

PROCLAMATION No. 718/2011 A PROCLAMATION TO PROVIDE FOR NATIONAL PAYMENT SYSTEM


PROCLAMATION No. 718/2011

A PROCLAMATION TO PROVIDE FOR NATIONAL PAYMENT SYSTEM

WHEREAS, the national payment system is an essential component of the financial infrastructure of the country, whose safety, security and efficiency is critical to ensure financial stability, economic growth and financial inclusiveness;

WHEREAS, it has became necessary to provide rules on establishment, governance, operation, regulation and oversight of the national payment system so as to ensure its safety, security and efficiency;

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 “National Payment System Proclamation No.718/2011″.

2. Definitions

In this Proclamation unless the context requires otherwise:

1/ “book, record, account, document or information” means a book, record, account, document or information recorded or stored in any media including paper or data stored by electronic, optical, magnetic or in any other form;

2/ “card” means any card, or other device, including a code or any other means of access to an account, that may be used from time to time to obtain or deposit money or to make payment, and includes a debit, credit and stored-value card;

3/ “central counter party” means an entity that is the buyer to every seller and the seller to every buyer in a settlement system;

4/ “central securities depository” means an entity in whose register securities or other financial instruments are immobilized so as to enable their transactions to be finally processed by book entry;

5/ “clearing” means the process of transmitting, reconciling and confirming funds or securities transfer instructions prior to settlement and includes the netting of instructions and the establishment of final positions for settlement;

6/ “clearing house” means the National Bank or an entity authorized by the National Bank that provides clearing services but excludes a clearing house recognized under any other law;

7/ “clearing system” means a system whereby participants present and exchange information relating to the transfer of funds, securities or other financial instruments to each other through a centralized system or at a single location and includes mechanisms for the calculation of participants’ positions on a bilateral or multilateral basis with a view to facilitating the settlement of their obligations;

8/ “electronic” mans electrical, digital, magnetic, optical, biometric, electrochemical, wireless or electromagnetic technology or any other technology used in relation to the national payment system;

9/ “electronic communication” mans electronic exchange of messages in a standardized format that allows:

a)visual display or listening of data that is clear and readily understandable; and

b)receiving and retaining the information in the message for subsequent retrieval such as by printing, recording or any other means for later use;

10/ “electronic equipment” means electronic terminal including computer, points of sale, automated teller machine, telephone and other similar devices;

11/ “electronic signature” means a data in an electronic form, affixed to or logically associated with, an electronic message, which may be used to guarantee the authenticity and identify the signatory in relation to the date message and to indicate the signatory’s approval of the information contained in the data message;

12/ “financial institution” means a bank, a micro-financing institution, postal savings, money transfer institution, an insurance company or such other similar institution as determined by the National Bank;

13/ “funds transfer” means any transfer of funds, either representing an order of payment or a transfer of money, which is initiated by a person by way of instruction, authorization or order to a financial institution to debit or credit an account maintained with that financial institution and includes point of sale transfers, automated teller machine transactions, direct deposits or withdrawal of funds, transfers initiated by telephone, internet, card or other devices;

14/ “large value funds transfer system” means large value electronic fund transfers, the amount of which shall be determined by the National Bank, which consists of:

a)an inter-bank funds transfer system;

b)high priority and time critical government fund transfer;

c)clearing and settlement of securities of the government; or

d)any other fund transfer system prescribed by the National Bank as large value.

15/ “National Bank’ means the National Bank

of Ethiopia;

16/ “national payment system” means a system in the Federal Democratic Republic of Ethiopia that consists of the following :

a)sending, receiving and processing of orders of payment or transfers of money in domestic or foreign currencies:

b)issuance and management of payment instruments;

c) payment, clearing and settlement systems;

d)arrangements and procedures associated to those systems specified under paragraph (c) of this sub-article; and

e)payment service providers, including operators, participants, issuers of payment instruments and any third party acting on behalf of them, either as an agent or by way of outsourcing agreements, whether entirely or partially operating in the country;

17/ “netting” means the determination of the net payment obligations or the determination of the net termination value of settlement obligations by setting off or adjusting the payment obligations between two or more participants within the payment system;

18/ “operator” means the National Bank, a financial institution or any other entity authorized by the National Bank as operator;

19/ “participant” means a party who participates in a payment, clearing or settlement system as a direct participant which opens and maintains a settlement account at the National Bank or any other settlement entity or an indirect participant which shall only be able to settle its obligations due through the account of a direct participant;

20/ “payment instrument” means any instrument, whether tangible or intangible, that enables a person to obtain money, goods or service or to otherwise make payment or transfer money such as cheques, drafts and cards;

21/ “person” means any natural or juridical person;

22/ “retail funds transfer system” means a fund transfer system consisting of the cheque clearing system operated and administered by the National Bank and any type of retail fund transfer system authorized by the National Bank;

23/ “settlement” means the act of discharging obligations by transferring funds, securities or financial instruments between two or more parties;

24/ “settlement rule” means the rule that provide the basis upon which payment obligations are calculated, netted or settled;

25/ “settlement system” means a system for the discharge of payment and settlement obligations established and operated by National Bank or any other settlement system authorized by the National Bank;

26/ “stored value” means a representation of value that is intended to be used to make a payment which includes units of value recorded in a computer chip or any other device and may or may not be denominated by reference to units of a currency;

27/ “stored value card” means a prepaid card in which the record of funds can be increased or decreased;

28/ “system” includes a payment, clearing and settlement system;

29/ any expression in the masculine gender includes the feminine.

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