WHEREAS, for the reduction of the sea port congestion, avoidance of damage to cargo and the proper implementation of the multi-modal transport, to conform the legal liability of the dry port with the existing international laws has been found necessary;
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 “Proclamation
Defining the Liability of the Dry Port to the Consignee No. 588/2008”.
In this Proclamation, unless the context requires otherwise,
1/ “Dry Port” means the enterprise rendering services of dry port within the place designated to render dry port services.
2/ “Goods” means any import or export good including livestock, packages and containers.
3/ “Port Service” means loading, unloading storing, stowing in containers, and rendering container warehousing services of import and export good and includes other related activities.
4/ “Price” means the total sum price of transportation, insurance, tax, custom duty and related expenditures added to the export or import good selling or buying price.
5/ “SDR” shall have the meaning provided by Article 2(12) of the Multi-Modal Transportation Proclamation No. 548/2007.
3. Scope of application
The provisions of this Proclamation shall apply to any liability of dry port established in Ethiopia toward the right of claim of consignees.
PART TWO DRY PORT’S BASIS OF LIABILITY
4. Basis of Liability
1/ The dry port shall be liable for the loss, damage or delay in delivery of the goods while under its custody.
2/ Unless otherwise there is an agreement or regulation, without prejudice to Article 8 of this Proclamation the delivery of good shall be deemed delayed where the dry port can not deliver the good within three days from the day required within the period provided under the agreement or regulation.
3/ The dry port shall be exempted from liability if it is proved that the loss or damage of the good or delay of delivery of the good was caused by, the wrongful act of the consignee or transporter or the inherent nature of the goods or force majeure.
5. Limits of Liability
1/ With respect to the loss or damage of good the extent of liability of the dry port shall be equal to the price of the good; where the price of the good was not expressed in the document at the time of delivery, the extent of liability shall be on the basis of the weight of the good per kilogram SDR 2.5.
2/ With respect to delay of delivery of the good the liability of the dry port shall be equal to 2.5 (two and half) times the charges payable to the port service in respect of the goods delayed.
6. Abandoned good
1/ The manner by which good stored in the dry port is deemed as abandoned good with in a limited period and the consequent measure shall be determined by the appropriate provisions of the Re-establishment and Modernization of Customs Authority Proclamation No. 60/1997 (as amended).
2/ The dry port shall have the right to pay with respect to abandoned good after deducting the amount payable to its services from the proceeds of the sale of the good pursuant to Sub-Article 1 of this Article.
PART THREE MISCELLANEOUS PROVISIONS
7. Period of Limitation
1/ Any action with respect to delivery of good or claim of payment under this Proclamation shall be barred if not instituted with in a period of two years.
2/ The limitation period shall commence:-
a)on the day the dry port delivered or has to deliver the goods in whole or in part to a person entitled to take delivery of them, or
b)in cases of total loss of the goods, on the day the dry port notifies the person entitled to make a claim as to the loss of the goods.
3/ Any action by a person, in respect of the remaining amount of the proceeds of the sale of abandoned good after deducting customs duty and tax, and dry port service fee and expenditure, shall be barred if not instituted with in a period of two years.
4/ The day on which the limitation period commences shall not be included in the period.
8. Inapplicable Laws
Any laws, regulations or directives that contradicts with the provisions of this Proclamation shall not apply in the execution of this Proclamation.
9. Effective Date
This Proclamation shall enter into force up on the date of publication in the Federal Negarit Gazeta.
Done at Addis Ababa, this 14th day of July, 2008
PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA