Finance

PROCLAMATION No. 57 /1996 FINANCIAL ADMINSTRATION PROCLAMATION OF THE FEDERAL GOVERNMENT OF ETHIOPIA


PROCLAMATION No. 57 /1996 FINANCIAL ADMINSTRATION

PROCLAMATION OF THE FEDERAL

GOVERNMENT OF ETHIOPIA

WHEREAS, a modern and efficient financial administration system is essential to a well-functioning government;

WHEREAS, it has become necessary to set out the basic concepts, principles and elements which govern the management of financial resources in the Federal Government of 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.

 

PART ONE

General

1. Short Title

This Proclamation may be cited as the “Federal Government of Ethiopia Financial Administration Proclamation No. 57/1996.”

2. Definitions

In this Proclamation,

1. “Aid in kind” means any assistance received by the Federal Government under a bilateral or multilateral agreement, or from other sources, that is received in the form of goods or services or any other form other than money.

2. “Appropriation” means any authorization of the council of Peoples’ Representatives to pay money out of the Consolidated Fund.

3. “Capital Expenditure” means an outlay for the acquisition of or improvements to fixed assets, and includes expenditures made for consultancy services.

 

 

 

 

4. “Consolidated Fund” means all public moneys that are on deposit at the credit of any public body where the bank account has been opened by the Ministry under this Proclamation; all public moneys held in cash by any public body pending disbursement; and all aid in kind.

5. “Commitment” means an obligation that becomes a liability if and when the terms of existing contracts, agreements or laws are met.

6. “Disbursement” means the release of any public money from the consolidated Fund.

7. “Federal Government” means the Federal Government of Ethiopia.

8. “Fiscal Year” means the period beginning Hamle 1st and ending Sene 30th.

9. “Grace Period” means the thirty (30) days immediately following Sene 30th during which invoices received in the previous fiscal year for goods and services received in that year shall be paid from the previous fiscal year’s appropriation.

10. “Lapse” means termination of spending approval.

11. “Minister or Ministry” means the Minister of Finance or the Ministry of Finance respectively.

12. “Other Receivables” means any amount owing to the Federal Government other than a tax or penalty.

13. “Public Body” means any organ of the Federal Government which is partly or wholly financed by Government allocated budget;.

14. “Public Money” means all money belonging to the Federal Government received or collected (or receivable) by the Minister or by any official of the Federal Government or by any person authorized to receive and collect such money on behalf of the Federal Government and includes,

(a) special funds of the Federal Government and the income and revenue from them;

(b) revenues of the Federal Government,

(c) money raised by the Federal Government by the issuuance and sale of securities;

(d) money received by the Federal Government or any public body as loans or as assistance under bilateral or multilateral agreements or from other sources; and

(e) aid in kind.

15. “Public Property” means all property, except public money and land, belonging to the Federal Government.

16. “Remission” means the discharge or release from taxes, penalties or other receivables due to the Federal Government.

17. “Write-off” means the cancellation from the books of accounts, of receivables or obligations due to the Federal Government or any claims by the Federal Government.

18. “Security” means something given or pledged to secure a financial promise or a financial obligation and includes a treasury bill, a note or a bond.

19. “Sinking Fund” means a fund invested to repay a long-term debt, replace fixed assets or for any other public purpose determined by regulations issued by the Council of Ministers.

20. “Budget Subsidy” means the annual budgetary amount provided by the Federal Government to a Regional government.

21. “Transfer” means the authorized movement of funds in an approved budget from one head, subhead or item to another.

22. Special Purposemeans an activity of the Federal Government which in accordance with legislative authority is carried out by earmarked public money.

3. Scope of Application

1. This Proclamation applies to public bodies

2. The Council of Ministers may from time to time, issue the list of public bodies to be governed by this proclamation

4. Responsibility and Accountability

The head of every public body is accountable to the Council of Ministers for the responsibility to ensure that the provisions of this Proclamation and of Regulations made under it are fully and properly implemented by the public body for which he or she is responsible

 

PART TWO

COLLECTION AND DEPOSIT OF BUPLIC MONEY

5. Consolidated Fund

1. There shall be one Consolidated Fund into which all public money shall be paid except that otherwise allowed by law.

2. Aid in kind shall be recorded in the Consolidated Fund at a value to be determined by the Ministry.

3. The Consolidated Fund shall be maintained and administered by the Ministry.

4. The Ministry may open, in the name of any public body, bank accounts for the deposit of public money and such accounts shall form part of Consolidated Fund.

6. Collections

1. No public money shall be collected except when authorized by law.

2. No public money shall be collected without the use of the official receipts of the Ministry.

3. Every authorized person who collects or receives public money shall keep a record of receipts and deposits of it in the form and manner prescribed in directives issued by the Ministry.

 

7. Deposits

1. All public money shall be deposited in the Consolidated Fund to the credit of the Ministry, except aid in kind which shall be recorded in the Consolidated Fund and therefore deemed to be deposited.

2. Money paid into the consolidated Fund for a special purpose may be paid out of the consolidated Fund, according to the Proclamation which established the special purpose.

8. Interest

1. Interest may be paid from the Consolidated Fund on the money paid into the Consolidated Fund for a special purpose.

2. Subject to the approval of the Council of Ministers the rate of interest shall be fixed by the Ministry in consultation with the depositor.

3. The National Bank of Ethiopia shall pay interest on all accounts held by it in the name of the Ministry or any public body. The rate of interest shall be fixed by a mutual agreement of the Ministry and the bank.

 

PART THREE

Remissions, Write-Offs, Fees and Charges

9. Remissions

1. The Council of Ministers may, for good cause and upon the recommendation of the minister or the minister of the Federal Government Revenues Board, remit any tax, including any interest paid or payable on it.

2. The minister of the Federal Government Revenue Board may, for good cause and in accordance with directives issued by the board, remit any penalties on tax, including any interest paid or payable on them.

3. The Minister may, upon approval by the Council of Ministers, for good cause remit any other receivable and any interest paid or payable on it.

10. Conditions for Remissions

A remission of the types described under Article 9 above may be total or partial or conditional or unconditional and may be granted.

1) before, after or pending any suit for the recovery of the tax, penalty or other receivable in respect of which the remission is granted;

2) before or after any payment of the tax, penalty or other receivable has been made or enforced by process or execution; and

3) with respect to a tax or other receivable in any particular case of class of cases and before the liability for it arises.

11. Remissions of Amounts Paid

Remissions of amounts paid, under this proclamation or any other proclamation shall be paid out of funds appropriated specifically for this purpose.

12. Reporting of Remissions

Remissions granted under this Proclamation or any other proclamation during a fiscal year shall be reported in the Public Accounts for that year.

13. Write-offs

1. The Ministry may issue Regulations regarding the writing off of all or part of any receivable or obligation due to the Federal Government or any claim by the Federal Government. Such Regulations may prescribe:

(a) the criteria for determining whether any receivable, obligation or claim may be written-off;

(b) the requirements to be met and the procedures to be followed before any receivable, obligation or claim may be written-off; and

(c) the information and records to be kept in respect of receivable, obligations and claims that are written-off.

2. No receivable, obligation or claim, the writing-off which would result in a charge to an appropriation, shall be written-off unless the amount written-off is included as a budgetary expenditure in an appropriation Proclamation or any other proclamation.

3. The writing-off of any receivable, obligation or claim does not affect any right of the Federal Government to collect or recover the receivable, obligation or claim.

4. Any receivable, obligation or claim written-off under this Proclamation or any other proclamation during a fiscal year shall be reported in the Public Accounts for that year.

14. Fees and Charges

1. The Council of Ministers may issue regulations with respect to fees and charges levied by public bodies for providing goods, services or use of facilities.

2. Sub-Article (1) of this Article shall not apply where another proclamation provides specific authority for the matters described therein.

 

PART FOUR

BUDGET

  1. Format and Ceiling of Budget
    1. The Ministry and the Ministry of Economic Development and Cooperation in consultation with the appropriate government authority shall establish the format for annual budgetary submissions and the maximum amount on which each budget request is to be based.
    2. The ministry of Economic Development and Cooperation shall establish the format for the multi-year Public Investment Programme.

16. Budget Approval and Notification

The Budget Appropriation shall be approved by the Council of peoples’ Representatives by Sene 30th and all public bodies shall be notified by Hamle 7.

17. Budget Transfer

1. Transfers shall be allowed from the Recurrent Budget to the Capital Budget subject to regulations issued by the Council of Ministers.

2. No transfers shall be allowed from the Capital Budget to the Recurrent Budget.

18. Budget Transfers within Public Bodies

1. The Minister may delegate any authorization to transfer funds to the appropriate head of the public body provided such transfers are within major items of the recurrent Budget.

2. The Minister of Economic Development and Cooperation may delegate the appropriate head of the public body any authorization to transfer budget from one capital project to another.

19. Budget Transfers between Public Bodies

The Council of Ministers may authorize the transfer of funds from the capital budget of one public body to the capital budget of another public under the following conditions.

1. where such transfer is necessitated by an approved reorganization of the public body or by a reallocation of responsibilities or

2. where a deficiency in one public body’s capital budget can be met by an offsetting transfer from another public body’s capital budget provided the capital budget receiving additional funds is a previously approved capital budget.

20. Transfer for Emergency Expenditures

Emergency expenditures may be provided on the authority of the Council of Ministers by transfer from the Provision for Unforeseen Expenses, subject to any limitations imposed by the budget Proclamation for the current fiscal year, where additional funds are requested on the basis that they are urgently required for the current year’s operations and could not have been foreseen in the Annual Budget.

21. Supplementary Budget

Supplementary Budget appropriations may be authorized by the Council of Peoples’ Representatives, on the recommendation of the Council of Ministers.

22. Delay in budget Approval

1. If the Council of Peoples’ Representatives has not approved the annual Budget by the beginning of the fiscal year to which it relates, then the approved recurrent budget of the previous fiscal year shall be implemented on a monthly basis until the Annual Budget for the current fiscal year is approved.

2. Notwithstanding sub-Article (1) of this Article, funds for previously approved capital projects shall be released by the Ministry in consultation with the Ministry of Economic Development and Cooperation.

 

PART FIVE

PUBLIC DISBURSEMENTS

23. Disbursements Out of the Consolidated Fund

1. No disbursements shall be made out of the Consolidated Fund without the prior authorization of the Council of Peoples’ Representatives in the form of an appropriation.

2. No expenditure or commitment of expenditure can be incurred from an appropriation without the approval of the Ministry.

24. Disbursement Limits

Except as provided in Articles 17 to 22, no disbursements to public bodies shall be made in a fiscal year which exceed the amounts appropriated in the budgetary proclamation for that fiscal year.

25. Commitments

1. No commitment shall be made against an appropriation except by requisition of the head of the public body or by a person authorized by him in writing.

2. No contract or other arrangement requiring payment shall be entered into by any public body unless there is a sufficient unencumbered balance from the budget to discharge any debt that will be incurred during the fiscal year in which the contract or other arrangement is made.

3. The Ministry shall establish the procedures to be followed and the form in which records for the control of financial commitments chargeable to each budgetary item will be registered.

4. The head of the public body shall maintain the records for the control of financial commitments chargeable to each budgetary item.

26. Payments for Goods and Services

1. No payment shall be made by any public body unless, in addition to any other voucher or certificate required, the head of the public body or other person authorized by him certifies:

(a) in the case of a payment for the performance of work, the supply of goods or the rendering of services,

i) that the work has been performed, the goods supplied or the services rendered, and that the price charged is according to the contract, or if not specified by the contract, is reasonable,

ii) that a payment is to be made, under the terms of the contract, before the completion of the work, delivery of the goods or rendering of the service, that the payment is according to the contract, or

iii) that, in accordance with the procedures prescribed by the Ministry, payment is to be made in advance of verification, that the claim for payment is reasonable; or

b) in the case of any other payment, that the payee is eligible for or entitled to the payment.

2. The Ministry may prescribe the procedures to be followed to give effect to the certification and verification required by this Article.

27. Grace Period at the End of the Fiscal Year

In the 30 days period immediately following the end of each fiscal year, every public body shall pay all invoices received before the end of that year for:

1) goods ordered and received prior to the end of the fiscal year; and

2) services ordered and rendered prior to the end of the fiscal year;

3) any amount due or owing under a contract, contribution or other similar arrangement entered into before the end of the fiscal year.

28. Special Conditions for Capital Budget

Notwithstanding Article 27 above payments for capital expenditures may be made in the 30 days period, after the end of the fiscal year provided such payment has been approved by the Council of Ministers prior to the end of the fiscal year.

PART SIX

MANAGEMENT OF UNSEPENT FUNDS

29. Unspent Funds

1. With the exception of Articles 27 and 28 of this Proclamation and subject to directives issued by the Ministry, the unspent balance of an appropriation granted for a fiscal year shall lapse and shall be credited to the Treasury Account of the Ministry.

2. Notwithstanding the provisions of sub-Article 1 of this Article, unspent balances of grants and loans shall be retained in the consolidated fund for continued use as may be necessary.

30. Advances

Every advance that is not repaid, accounted for or recovered by the end of the fiscal year in which it was made shall be reported in the Public Accounts for that year.

31. Set-off

Any advance or any portion of it that is not repaid, accounted for or recovered in accordance with the regulations covering such advances may be recovered:

1) out of any money payable, except for pension money payable, by the Federal Government to the person to whom the advance was made or,

2) where the person is deceased, out of any money payable, except for pension money payable, by the Federal Government to the heirs of that person.

32. Refunds of expenditure

Any amount received by the Federal Government in a fiscal year as,

(a) a refund of an expenditure,

(b) a repayment of an advance,

(c) a refund or repayment of an overpayment,

(d) a rebate, including a tax rebate or some other price adjustment on payment,

(e) recovery from an indemnification, or

(f) a recovery under a claim for loss of or damage to the asset of a public body,

shall be credited to the appropriation against which the related expenditure, advance or payment was charged.

PART SEVEN

PUBLIC DEBT

33. Authority to Borrow

Without prejudice to Articles 35, 36 and 37 of this proclamation no money shall be borrowed or security issued by or on behalf of the Federal Government without the authorization of the Council of Peoples’ Representatives.

34. Power to Raise Money

1. Where authority is given to raise money, by or on behalf of the Federal Government, the Council of Ministers may, subject to the Proclamation auhtorizing the raising of that money, subsequently authorize the raising of all or part of that money by direct advance, or security.

2. For the purpose of implementing sub-Article (1) of this Article the Council of Ministers may authorize the Minister or such other officer of the Ministry designated by him to:

(a) determine issuance and maturity dates, and dates of payment and rates of interest,

(b) sell any securities as may be necessary,

(c) enter into, and to renegotiate, such agreements determined relating to the issuance and sale of advances or securities as is considered necessary, and

(d) on-lend all or a portion of a borrowing, subject to terms and conditions satisfactory to the Minister.

35. Loans for Redemption of Direct Advances, or Securities

Except for borrowing under Article 37 below, the Council of Ministers may direct the Minister to borrow such sums of money as are required for the payment of any direct advances, or securities that are maturing or have been called for redemption.

36. Loans for the Management of the Consolidated Fund

The Council of Ministers may authorize the Minister to borrow for the efficient management of the Consolidated Fund.

37. Temporary Loans

Where it appears to the Council of Ministers that the Consolidated Fund will be insufficient to meet the disbursements lawfully authorized, it may direct the Minister to borrow, for a repayment period not exceeding six months, and an amount not exceeding such amount necessary to ensure that the Consolidated Fund will be sufficient to meet those disbursements.

38. Currency of Borrowings

1. Direct advances, and securities issued or guaranteed by the Federal Government may be denominated and repaid in the currency of any other country or countries.

2. If denominated in foreign currencies, subject to directives issued by the Ministry, equivalent amounts in Ethiopian Birr shall be determined by the rates of exchange quoted by the National Bank of Ethiopia.

39. Debt Limits

Debt limits may be determined by the Council of Ministers, and may pertain to debt issued directly or guaranteed, or both, and to internal or external debt, or both, and such limits shall be consistent with those contained in relevant proclamations.

40. Payment of Loan Obligations

The payment of the principal of, interest on, and administrative expenses related to direct advances and securities issued by or on behalf of the Federal Government, is a charge on and payable out of the Consolidated Fund.

41. Losses

The Minister may pay out of the Consolidated Fund:

a) any losses sustained by subscribers for securities who have paid all or part of the purchase price for those securities but have not received the security or repayment of the amount so paid; and

b) losses sustained by any person in the redemption or securities.

42. Guarantees

1. The Federal Government may guarantee the performance of an obligation provided such guarantees is in compliance with regulations issued by the Council of Ministers,

2. Payment in respect of a guarantee shall be paid out of the Consolidated Fund.

43. Management of Public Debts

The Council of Ministers may issue regulations necessary for the management of the public debt of the Federal Government the payment of interest thereon, and for guarantees.

 

 

 

44. Assignment of Federal Debts

1. The Council of Ministers may issue regulations for the assignment of debts of the Federal Government.

2. The council of Ministers may issue regulations for the assignment of debts by third parties to the Federal Government.

3. Except as provided by regulations to be issued pursuant to sub- Article (1) and (2) of this Article no debts are assignable.

45. Records of Public Debt

The Ministry shall maintain a comprehensive and detailed record

(1) showing all money authorized by the Council of Peoples’ Representatives to be borrowed by the issuance and sale of direct advances, and securities,

    1. containing a description of all money so borrowed,
    2. showing all amounts paid on respect of the principal of and interest on all money so borrowed,

(4) showing all amounts paid to registers, fiscal agents and others for administrative services relating to the issuance, management and redemption of direct advances, and securities, and for administrative services relating to the issuance, management and payment of guarantees,

(5) containing authorizations, descriptions, amounts paid, and all administrative expenses relating to guarantees.

 

PART EIGHT

AUTHORITY TO INVEST PUBLIC MONEY

46. Investment of Surplus Funds

Where money of the Consolidated Fund is not immediately required for payments, the Minister may, subject to regulations issued by the Council of Ministers, invest such money in eligible securities as determined by the Council of Ministers.

47. Establishment and Management of Sinking Funds

1. The Council of Ministers may provide for the creation and management of sinking funds

2. All money required for sinking funds is paid out of the Consolidated Fund.

 

PART NINE

PUBLIC PROPERTY

48. Acquisition and disposition

Subject to any other proclamation, no public property shall be acquired or disposed of by the Federal Government unless it is done so in accordance with regulations issued by the Council of Ministers.

49. Records for Custody and Control

The head of each public body shall keep adequate records in relation to public property for which his public body is responsible and shall comply with directives of the Ministry on the custody and control of such property.

PART TEN

PUBLIC ACCOUNTS

50. Preparation and Reporting of Accounts

The Ministry shall prepare Public Accounts for each fiscal year and submit to the Council of Peoples’’ Representatives as soon as possible.

51. Contents

The Public Accounts shall be in a form directed by the Ministry and shall include:

(1) a statement of:

(a) the financial transactions of the fiscal year,

(b) the expenditures and revenues of the Federal Government for the fiscal year,

(c) the Consolidated Fund,

(d) debt, guaranteed debt and contingent liabilities of the Federal Government,

(e) sums appropriated, expended and unexpended for the fiscal year,

(f) sinking funds, if any, and

(g) such other accounts and information as are necessary to show, with respect to the fiscal year, the financial transactions and position of the Federal Government.

(2) the opinion of the Auditor General concerning his examination of the financial statements of the Federal Government and,

(3) such other information as the Ministry considers appropriate.

52. Currency

The accounts of the Federal Government shall be kept and reported in Birr.

53. Records

1. The head of each public body shall keep and provide to the Ministry financial records for the responsibilities of his public body, in a form directed by the Ministry.

2. Each public body shall close its accounts and report to the Ministry as soon as possible after the end of the fiscal year.

 

PART ELEVEN

PROCUREMENT AND CONTRACTS

54. Mode of Procurement

All goods and services shall be procured on the basis of directives issued by the Ministry, and these directives shall outline the manner in which goods and services are procured and the form in which information pertaining to such procurement is made public.

55. Contractual Obligations

1. The head of any public body shall not conclude a contract providing for the payment of any money by the Federal Government unless he/she has ascertained that a budget appropriation has been made for such payment.

2. Notwithstanding the provisions of sub article (1) of this article, in the case of concluding a long-term contract relating to a project lasting for more than one fiscal year, the ascertainment of budget appropriation for the first fiscal year of the project shall be sufficient.

56. Regulations Governing contracts

The Council of Ministers may issue regulations on the issuance and payment of contracts, and such regulations may include, performance and security requirements of such contractual arrangements and holdback provisions.

57. Review of Procurement Regulations

The Ministry is responsible for ensuring that administrative policies and Regulations relating to procurement of the Federal Government are widely disseminated and regularly updated.

PART TWELVE

FEDERAL AND STATE FINANCIAL RELATIONS

58. Tax Harmonization

1. Tax Systems at the federal and Regional levels shall have harmonized and standardized tax bases.

2. The Ministry, through research and administrative support, shall facilitate such harmonization and standardization.

59. Internal Borrowing

1. The Regional Governments shall provide the Ministry with all information required to allow it to determine the amounts to be borrowed by individual Regions, taking into account national fiscal policy and borrowing limitations imposed by law or agreements.

2. Disbursements on borrowings of Regional Governments shall be managed by the National Bank of Ethiopia, unless these borrowings are from entities other than the National Bank of Ethiopia.

3. If Regional Governments borrow from entities other than the National Bank of Ethiopia, the respective Regional Government and the ministry shall jointly agree on the administrative arrangements related to such borrowings.

60. Foreign Currency

1. The management of foreign currency is the responsibility of the Federal Government.

2. To facilitate such responsibility of the Federal Government Regional Governments shall provide sufficient information on their foreign currency needs.

61. Reporting

1. The Council of Ministers shall determine all reporting requirements.

2. The Federal and Regional Governments shall report in accordance with the requirements of the Council of Ministers.

62. Management of Budgetary Subsidies

1. In providing Budget Subsidies to the Regional Governments, the Council of Ministers shall on the recommendations of the minister, ensure that Regional Governments remain accountable for such subsidies.

2. For the purpose of sub-article (1) of this Article each Regional Government shall have a financial management and reporting system, which in the opinion of the Council of Ministers is consistent with this Proclamation.

 

PART SEVENTEEN

MISCELLANEOUS PROVISIONS

63. Losses of Public Money and Public Property

The Council of Ministers, on the recommendations of the Ministry, may issue regulations:

(1) prescribing the actions to be taken whenever there are losses of public money or public property,

(2) regarding how losses of public money are to be charged against the appropriations to which they relate; and

(3) prescribing the records to be kept and providing for the reporting in the Public Accounts of every loss referred to in sub-Article (1) of this Article.

64. Offences and Punishment

1. Every person appointed to or employed by public body to collect, manage or disburse public money who:-

(a) receives any payment for the performance of his official duty, except as prescribed by law,

(b) conspires or colludes with any person to defraud the Federal Government, or provides an opportunity for any person to defraud the government,

(c) intentionally permits any contravention of the law by any person,

(d) wilfully makes or signs any false entry in any book, or wilfully makes or signs any false certificate or return in any case in which it is the duty of that person to make an entry, certificate or return,

is liable on conviction to a fine not less than birr 25,000 and not more than birr 35,000 and to rigorous imprisonment for a term of not less than 10 years and not more than 15 years.

2. Every person appointed to or employed by a public body to collect, manage or disburse public money who demands or accepts or attempts to collect, directly or indirectly, as payment or gift or otherwise, any sum of money, or other thing of value, for the compromise, adjustment or settlement of any charge or complaint for any contravention is liable on conviction to a fine not less than birr 25,000 and not more than birr 35,000 and to rigorous imprisonment for a term of not less than 15 years and not more than 25 years.

3. Every person appointed to or employed by public to collect, manage or disburse public money who having knowledge or information of the contravention or of fraud committed by any person against this proclamation or any regulations issued under it, fails to report that knowledge to a superior is liable on conviction to a fine not more than birr 10,000 to and rigorous imprisonment for a term of not more than 5 years.

4. The Head of public body who, in contravention of Article 54 of this Proclamation and without ascertaining that a budget appropriation has been made, concludes or authorizes the conclusion of a contract is liable on conviction to a fine not less than birr 5,000 and not exceeding birr 20,000 and to rigorous imprisonment for a term not less than 5 years and not more than 10 years.

5. Every person who, promises, offers or gives any bribe to any person appointed to or employed in any public body connected with the collection, management or disbursement of public money, with intent:

(a) to influence the decision or action of that person on any question or matter that is pending, or may, by law, be brought before him in his official capacity, or

(b) to influence that person to commit, or aid or abet in committing any fraud on the revenue, or to connive at, collude in, or allow or permit any opportunity for the commission of any such fraud,

is guilty of an offence and liable on conviction to a fine not exceeding three times the amount so offered or accepted and to rigorous imprisonment for a term of not less than 10 years and not more than 15 years.

6. Every person who is engaged in the offences as described in sub-Article(5) above, and who, before the case is taken to court, provides significant information about the offence and his partner’s role in it, may be given immunity by the Ministry of Justice from prosecution under this Proclamation.

65. Access to Records

1. The Ministry or any other organ authorized by law shall have unrestricted access to all books, papers, accounts and records of all public bodies which it deems to be essential to the performance of its duties.

2. notwithstanding sub-Article (1) of this Article the access to books, papers , accounts and records of public bodies which do no report to the Executive Branch of The Federal Government shall mutually be determined by the Ministry or other empowered body and the appropriate public body.

66. Delegation of Powers

The Minister may delegate his powers under this Proclamation to the officials of his Ministry and to the officials of other public bodies and may specify the circumstances in which those powers may be exercised.

67. Retention of Records

Retention periods for individual categories of financial records shall be established by directives issued by the Ministry.

68. Issuance of Regulations

1. The Council of Ministers may issue Regulations necessary to facilitate financial relations between the Federal and Regional Governments.

2. Without being limited to sub-Article (1) of this Article or other provisions of this Proclamation, the Council of Ministers may issue Regulations for the proper implementation of this Proclamation.

69. Directives

The Ministry may issue directives for the proper implementation of this Proclamation.

70. Non-applicability

No law, regulations directives or practices inconsistent with this proclamation shall have effect with respect to matters provided for in this proclamation.

71. Transistory Provisions

Notwithstanding the provisions of Article 13, 14, 17, 42, 43, 44, 46, 47, 48, 54 and 63, directives or practices with respect to such matters shall have effect, in so far as they are not inconsistent with this proclamation, until replaced by regulations to be issued by the Council of Ministers.

72. Effective Date

This proclamation shall enter into force as of the 19th day of December, 1996.

Done at Addis Ababa, this 19th day of December, 1996.

 

NEGASO GIDADA (DR.)

PRESIDENT OF THE FEDERAL DEMOCRATIC

REPUBLIC OF ETHIOPIA

 

 

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