Charities and Societies Proclamation (proc. no.621/2009)

SECTION ONE GENERAL
1. Short Title
This Proclamation may be cited as the “Charities and Societies Proclamation No.621/2009.”
2. Definition
In this Proclamation, unless the context requires otherwise፡
1/ “Budget Year” shall mean the period from Hamle 1 to Sene 30 (E.C) or from 1st January to 31st of December (G.C);
2/ “Ethiopian Charities” or “Ethiopian Societies” shall mean those Charities or Societies that are formed under the laws of Ethiopia, all of whose members are Ethiopians, generate income from Ethiopia and wholly controlled by Ethiopians. However, they may be deemed as Ethiopian Charities or Ethiopian Societies if they use not more than ten percent of their funds which is received from foreign sources;
3/ “Ethiopian Residents Charities” or “Ethiopian Residents Societies” shall mean those Charities or Societies that are formed under the laws of Ethiopia and which consist of members who reside in Ethiopia and who receive more than 10% of their funds from foreign sources;
4/ “Foreign Charities” shall mean those Charities that are formed under the laws of foreign countries or which consist of members who are foreign nationals or are controlled by foreign nationals or receive funds from foreign sources;
5/ “Mass-Based Societies” shall include professional associations, women’s associations, youth associations and other similar Ethiopian societies;
6/ “Ministry” and “Minister” shall respectively mean the Ministry and Minister of Justice of the Federal Democratic Republic of Ethiopia;
7/ “Officer” shall mean a person who has the general control and management of the day to day administration of a Charity or Society and shall not include an auditor;
8/ “Person” shall mean any physical or juridical person;
9/ “Place of Work” shall mean the place where a person’s records and books of account are kept or the place where a person conducts work;
10/ “Public Collection” shall mean an appeal in any public place or by means of visits to places of work or residence; for money or other property whether for consideration or otherwise and which is made in association with a representation that the whole or any part of its proceeds is to be applied for charitable purposes and shall not include appeal made on a land or building used for the purposes of worship or burial or any land adjacent to it;
11/ “Rules” shall include the objects for which a Charity or Society is formed, or which it may pursue, or for which its funds may be applied; the qualifications for membership and for the holding of any office; the method of appointment or election to any office; the rules by which the Charity or Society is to be governed; and the method and manner by and in which any of the above matters may be amended;
12/ “Sector Administrator” shall mean a Federal Executive Office designated as such in accordance with Article 66 of this Proclamation;
13/ “State” shall mean a State specified under Article 47 of the Constitution of the Federal Democratic Republic of Ethiopia as a member state of the Federal Democratic
Republic of Ethiopia;
14/ “Administrative costs” shall mean those
costs incurred for emoluments, allowances, benefits, purchasing goods and services, traveling and entertainments necessary for the administrative activities of a Charity or society;
15/ “Income from Foreign source” means a donation or delivery or transfer made from foreign source of any article, currency or security. Foreign sources include the government, agency or company of any foreign country; international agency or any person in a foreign country
16/ “Religious Organization” means an institute ion established by believers to organize and propagate their religion and shall not include organizations established for the achievement of any charitable purpose as defined in this proclamation or charities established by the religious organizations.
3. Scope of Application
1/ This proclamation shall be applicable to;
a) Charities or Societies that operate in more than one regional state or Societies whose members are from more than one regional state;
b) Foreign Charities and Ethiopian Resident Charities and Societies even if they operate only in one regional state;
c) Charities or Societies operating in the City Administration of Addis Ababa or Dire-Dawa.
2/ This proclamation shall not be applicable to;
a) religious organizations;
b)international or foreign organizations operating in Ethiopia by virtue of an agreement with the Government of The Federal Democratic Republic of Ethiopia;
c) “Edir”, “Ekub” and other similar cultural or religious associations;
d/ Societies governed by other laws.

Ethiopia

Published by

Abrham Yohannes

Abrham Yohannes Hailu Licensed Lawyer & Consultant

3 thoughts on “Charities and Societies Proclamation (proc. no.621/2009)”

  1. I need a lawyer who can assit a foreign NGO registration in Ethiopia. The purpose of the NGO is to assit Amhara freedom fighters and tackling the TPLF criminal leaders in throughout the country. I mean it.

  2. It is nice to hear this good news! I want to thank you so much, this site has been very useful regarding Ethiopian legal issues. Please keep on what you are doing!!! Keep it up!

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.