A PROCLAMATION TO PROVIDE FOR SOCIAL HEALTH INSURANCE (Proclamation No. 690/2010 )

WHEREAS, expansion of health service coverage plays a significant role to an accelerated socio-economic development of the country;
WHEREAS, cost sharing between beneficiaries and government in the health sector is critical to achieve universal health care coverage;
WHEREAS, social health insurance is one of the sustainable health care financing mechanisms which enhances equitable access to improved health services through cross-subsidization;
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 “Social Health Insurance Proclamation No.690 /2010.”
2. Definitions
In this Proclamation, unless the context otherwise requires:
1/ “employer” means a public office, a public enterprise or any person that employs at least ten employees;
2/ “employee” means any employee having a three month and above period of service and includes public officials, management staff, judges, prosecutors, members of the police, members of the House of Peoples’ Representatives, salaried members of the House of the Federation and salaried labor union officials, and may not include members of the Defense Forces;
3/ “pensioner” means any person receiving monthly pension payments from the Social Security Agency and includes survivors of a pensioner;
4/ “health facility” means any health facility that have concluded an agreement with the Agency to provide services for beneficiaries;
5/ “member” means a person registered for the social health insurance scheme and paying contribution to the scheme;
6/ “salary” means the monthly remuneration paid to an employee for the service he renders during regular working hours;
7/ “beneficiary” means a person entitled to receive the benefit packages under the social health insurance scheme;
8/ “child” means the natural, adopted or stepchild of a member who has not attained the age of 18 years and includes any child who is under the guardianship of the member in accordance with the law;
9/ “spouse” means a person married to a member;
10/ “family” comprises the spouse and children of a member and includes mentally or physically impaired children of the member who have attained the age of 18 years but cannot sustain themselves;
11/ “health service package” means health services covered by the social health insurance scheme;
12/ “Agency” means an agency established by regulation to be issued by the Council of Ministers for the implementation of this Proclamation;
13/ “person” means any natural or juridical person;
14/ any expression in the masculine gender includes the feminine.
PART TWO
SOCIAL HEALTH INSURANCE SCHEME
3. Establishment
A social health insurance scheme is hereby established.
4. Objective
The objective of the social health insurance scheme shall be to provide quality and sustainable universal health care coverage to the beneficiary through pooling of risks and reducing financial barriers at the point of service delivery.
5. Membership
1/ Employees and pensioners shall be members of the social health insurance scheme.
2/ Every employer shall get registered all its employees with the Agency for the social health insurance scheme.
3/ The Social Security Agency shall get registered all pensioners with the Agency.
4/ The Agency shall provide guidelines on registration of members.
6. Sources of Finance
The social health insurance scheme shall have the following sources of finance:
1/ members’ contributions;
2/ employers’ contributions;
3/ investment income; and
4/ other related sources.
7. Beneficiaries
1/ Beneficiaries of the social health insurance scheme shall be members and their families.
2/ Any member shall have the obligation to provide accurate information about his family composition and use the service properly.
8. Health Service Package
1/ The health service package to be provided to beneficiaries shall include essential health services and other critical curative services.
2/ The particulars of the health service package referred to in sub-article (1) of this Article shall be determined by regulation taking into consideration the contributions to be collected pursuant to Article 9 of this Proclamation.
9. Contributions
1/ Members and employers shall contribute to the social health insurance. The Government shall also make additional contributions for pensioners.
2/ The amount and payment modality of contributions to be made pursuant to sub-article
(1) of this Article shall be determined by regulation to be issued for the implementation of this Proclamation; provided, however, that an employee and employer shall make equal percentage contributions based on the salary of the employee.
3/ Any employer shall withhold the contributions of employees from their monthly salaries and timely transfer the same to the Agency together with its own matching contributions.
4/ The Social Security Agency shall transfer to the Agency the monthly contributions of pensioners together with the matching contributions of the government.
5/ Any pensioner who is re-employed without foregoing his monthly pension allowance shall be considered as an employee for the purpose of this Article.
6/ Any employer shall furnish the Agency with particulars regarding each employee’s salary and other related information as may be required by the Agency.

PART THREE

                                                                                                                                      MISCELLANEOUS PROVISIONS
10. Power to Issue Regulation
The Council of Ministers may issue regulations necessary for the implementation of this Proclamation.
11. Inapplicable Laws
1/ No law, regulation, directive or practice shall, in so far as it is inconsistent with this Proclamation, be applicable in respect of matters provided for by this Proclamation.
2/ Notwithstanding the provisions of sub-article (1) of this Article, this Proclamation shall not affect:
a)additional medical benefits granted under collective agreements concluded in accordance with the Labour Proclamation No. 377/2003; and
b)additional medical benefits granted by police health institutions to members of the police.
12. Effective Date
This Proclamation shall come into force a year after its publication in the Federal Negarit Gazeta..
Done at Addis Ababa, this 19th day of August, 2010

                                                                                                                                                                  GIRMA WOLDEGIORGIS
                                                                                                   PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

A PROCLAMATION TO PROVIDE FOR THE AMENDMENT OF THE CIVIL CODE (PROCLAMATION NO. 639/2009 )

WHEREAS, the formality provided under the Civil Code for the conclusion of mortgage contracts is exerting negative impact on the efficiency of loan provision service which is the day-to day activity of banks and micro-financing institutions;

WHEREAS, the invalidation of existing contracts of mortgage concluded under the prevailing practices of banks and micro-financing institutions for not being notarized, as provided for by the Civil Code, may leave most of the existing loans unsecured with a serious threat to the existence of the banks and the micro-financing institutions and to the country’s overall economy;

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 “Civil Code As Amended Proclamation No. 639/2009”.

2. Amendment

The following new sub-article (3) is added under Article 1723 of the 1960 Ethiopian Civil Code.

“3/ Notwithstanding the provisions of sub-article

(1) of this Article, a contract of mortgage concluded to provide security to a loan extended by a bank or a micro-financing institution may not require to be registered by a court or a notary.”

3. Transitory Provisions

1/ The validity of any contract of mortgage concluded, prior to the effective date of this Proclamation, to provide security to a loan extended by a bank or a micro-financing institution, may not be challenged for not being registered by a court or notary in accordance with Article 1723 of the Civil Code.

2/ Any court decision, rendered prior to the effective date of this Proclamation, to invalidate a contract of mortgage concluded to provide security to a loan extended by a bank or a micro-financing institution, for not being registered by a court or notary in accordance with Article 1723 of the Civil Code shall have no effect. Any such case pending before any court as of the effective date of this Proclamation shall also be terminated.

4. Effective Date

This Proclamation shall enter into force up on the date of publication in the Federal Negarit Gazeta.

Done at Addis Ababa, this 30th day of June, 2009

GIRMA WOLDEGIORGIS

PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

 

A Proclamation on anti-terrorism Proclamation No. 652/2009

Download Anti-Terrorism Proclamation no.652 (pdf)

A PROCLAMATION ON ANTI-TERRORISM Proclamation No. 652/2009

WHEREAS, the right of the people to live in peace, freedom and security has to be protected, at all times, from the threat of terrorism;
WHEREAS, terrorism is a danger to the peace, security and development of the country and a serious threat to the peace and security of the world at large;
WHEREAS, it has become necessary to legislate adequate legal provisions since the laws presently in force in the country are not sufficient to prevent and control terrorism;
WHEREAS, it has become necessary to incorporate new legal mechanisms and procedures to prevent, control and foil terrorism, to gather and compile sufficient information and evidences in order to bring to justice suspected individuals and organizations for acts of terrorism by setting up enhanced investigation and prosecution systems;
WHEREAS, in order to adequately fight terrorism, it is necessary to cooperate with governments and peoples of our region, continent and other parts of the world that have anti-terrorism objectives and particularly, to enforce agreements that have been entered into under the United Nations and the African Union;
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 “Anti-Terrorism Proclamation No.652/2009”.
2. Definitions
In this Proclamation, unless the context otherwise requires:
1/ “property” means any asset whether corporeal or incorporeal or movable or immovable, and includes deeds and instruments evidencing title to or interest in such asset such as bank accounts;
2/ “proceeds of terrorism” means any property, including cash, derived or obtained from property traceable to a terrorist act, irrespective of a person in whose name such proceeds are standing or in whose possession or control they are found;
3/ “terrorist property” means proceeds of terrorism, properties of a terrorist organization or property which has been or is being or will be used to commit a terrorist act;
4/ “terrorist organization” means:
a)a group, association or organization which is composed of not less than two members with the objective of committing acts of terrorism or plans, prepares, executes or cause the execution of acts of terrorism or assists or incites others in any way to commit acts of terrorism; or
b) an organization so proscribed as terrorist in accordance with this Proclamation;
5/“hostage taking or kidnapping” means seizing or detaining and threatening to kill, to injure or to continue to detain a person in order to compel the government to do something as a condition for the release of the hostage;
6/“incitement” means to induce another person by persuasion, promises, money, gifts, threats or otherwise to commit an act of terrorism even if the incited offence is not attempted;
7/“public services” means electronic, information communication, transport, finance, public utility, infrastructure or other similar institutions or systems established to give public service;
8/“digital evidence” means information of probative value stored or transmitted in digital form that is any data, which is recorded or preserved on any medium in or by a computer system or other similar device, that can be read or perceived by a person or a computer system or other similar device, and includes a display, printout or other output of such data;
9/“government” means the federal or a state government or a government body or a foreign government or an international organization;
10/“court” means Federal High Court or Federal
Supreme Court, as the case may be;
11/ “police” means Federal Police or Regional State Police to whom the power of the Federal Police is delegated;
12/“person” means a physical or juridical person;
13/any expression in the masculine gender includes the feminine.

PART TWO

TERRORISM AND RELATED CRIMES

3. Terrorist Acts
Whosoever or a group intending to advance a political, religious or ideological cause by coercing the government, intimidating the public or section of the public, or destabilizing or destroying the fundamental political, constitutional or, economic or social institutions of the country:
1/causes a person’s death or serious bodily injury;
2/creates serious risk to the safety or health of the public or section of the public;
3/commits kidnapping or hostage taking;
4/causes serious damage to property;
5/causes damage to natural resource, environment, historical or cultural heritages;
6/endangers, seizes or puts under control, causes serious interference or disruption of any public service; or
7/threatens to commit any of the acts stipulated under sub-articles (1) to (6) of this Article; is punishable with rigorous imprisonment from 15 years to life or with death.
4. Planning, Preparation, Conspiracy, Incitement and Attempt of Terrorist Act
Whosoever plans, prepares, conspires, incites or attempts to commit any of the terrorist acts stipulated under sub-articles (1) to (6) of Article 3 of this Proclamation is punishable in accordance with the penalty provided for under the same Article.
5. Rendering Support to Terrorism
1/ Whosoever, knowingly or having reason to know that his deed has the effect of supporting the commission of a terrorist act or a terrorist organization:
a)provides, prepares or gives forged or falsified document;
b)provides a skill, expertise or moral support or gives advice;
c)provides, collects or makes available any property in any manner;
d)provides or makes available monetary, financial or other related services;
e)provides or makes available any explosive, dynamite, inflammable substances, firearms or other lethal weapons or poisonous substances; or
f)provides any training or instruction or directive;
is punishable with rigorous imprisonment from 10 to 15 years.
2/Whosoever harbors or helps to escape or conceals someone whom he knows to have committed terrorist act mentioned under this Proclamation is punishable with rigorous imprisonment from 10 years to life.

6. Encouragement of Terrorism
Whosoever publishes or causes the publication of a statement that is likely to be understood by some or all of the members of the public to whom it is published as a direct or indirect encouragement or other inducement to them to the commission or preparation or instigation of an act of terrorism stipulated under Article 3 of this Proclamation is punishable with rigorous imprisonment from10 to 20 years.
7. Participation in a Terrorist Organization
1/Whosever recruits another person or takes training or becomes a member or participates in any capacity for the purpose of a terrorist organization or committing a terrorist act, on the basis of his level of participation, is punishable with rigorous imprisonment from 5 to 10 years.
2/Whosever serves as a leader or decision maker in a terrorist organization is punishable with rigorous imprisonment from 20 years to life.
8. Possessing or Using Property for Terrorist Act
Whosoever possesses or uses property knowing or intending it to be used to committing or facilitating a terrorist act is punishable, subject to the property being forfeited, with rigorous imprisonment from 5 to 20 years.
9. Possessing and Dealing with Proceeds of Terrorist Act
Whosoever knowingly or having reason to know that a property is a proceed of terrorist act acquires or possesses or owns or deals or converts or conceals or disguises the property is punishable, subject to the property being forfeited, with rigorous imprisonment from 5to 15 years.
10. Inducing or Threatening Witness and Destroying Evidence
Whosoever:
1/induces or threatens a person who is or can be a witness for an act of terrorism or uses violence against the witness or a person who has close relationship with the witness to prevent the witness from testifying; or
2/destroys or hides evidence;
is punishable with rigorous imprisonment from 5 to 20 years.
11. False Threat of Terrorist Act
Whosoever while knowing or believing that the information is false, intentionally communicates or makes available by any means that a terrorist act has been or is being or will be committed, is punishable with rigorous imprisonment from 3 to 10 years.
12. Failure to Disclose Terrorist Acts
Whosoever, having information or evidence that may assist to prevent terrorist act before its commission, or having information or evidence capable to arrest or prosecute or punish a suspect who has committed or prepared to commit an act of terrorism, fails to immediately inform or give information or evidence to the police without reasonable cause, or gives false information, is punishable with rigorous imprisonment from 3 to 10 years.

PART THREE
PREVENTIVE AND INVESTIGATIVE MEASURES

13. Protecting Individuals Exposed to Terrorist Attacks
1/ A police officer, having reasonable grounds to believe that a terrorist act has been or is being or will be committed in a particular place, or that people around such place are exposed or may be exposed to terrorist attacks, may:
a)order people around the place to enter into a premise or prevent their entry into a premise or order them to evacuate a premise or keep them in a secluded area;
b)destroy, take away or remove the thing which is or may be a source of the danger;
c)order individuals to follow any procedures which protects them from poisoning;
d)put under control the contaminated building or land; or
e)take any measure that enable to prevent or reduce the danger or contamination; by issuing oral or written order and, if necessary, by using compeling measure.
2/An order given under sub-article (1) of this Article, may be lifted or extended by way of police annocument.
3/Any individual exposed to danger of terrorism shall have the duty to execute and cooperate in the execution of the order given by the police. Furthermore, an owner or person in charge of any building or premise, or place shall have the duty to enforce the order given under this Article.
4/The government, when finds it necessary, may, by issuing a directive, make any manufacturing or service rendering institution to have contingency plan in order to save people from danger in case of emergency.

14. Gathering Information
1/ To prevent and control a terrorist act, the National Intelligence and Security Service may, up on getting court warrant:
a)intercept or conduct surveillance on the telephone, fax, radio, internet, electronic, postal and similar communications of a person suspected of terrorism;
b)enter into any premise in secret to enforce the interception; or
c)install or remove instruments enabling the interception.
2/ Information obtained through interception shall be kept in secret.
3/Any communication service provider shall cooperate when requested by the National Intelligence and Security Service to conduct the interception.
4/The National Intelligence and Security Services or the Police may gather information by surveillance in order to prevent and control acts of terrorism.
15. Information about a Lessee
1/Whosoever leases a house, place, room, vehicle or any similar facility shall have the duty to register in detail the identity of the lessee and notify the same to the nearest police station within 24 hours.
2/Any person, who lets a foreigner live in his house, shall have a duty to notify the nearest police within 24 hours, about the identity of the foreigner and submit a copy of his passport.
16. Sudden Search
Where a police officer has reasonable suspicion that a terrorist act may be committed and deems it necessary to make a sudden search in order to prevent the act, with the permission of the Director General of the Federal Police or a person delegated by him, may stop vehicle and pedestrian in an area and conduct sudden search at any time, and seize relevant evidences.
17. Covert Search
A police may request the court in writing or, in urgent cases, by telephone for covert search warrant where he has reasonable grounds to believe that:
1/a terrorist act has been or is likely to be committed; or
2/a resident or possessor of a house to be searched has made preparations or plans to commit a terrorist act; and
3/covert search is essential to prevent or to take action against a terrorist act or suspected terrorist activity.
18. Warrant Given to Conduct Covert Search
1/ The court on the basis of the information presented to it by the applicant, may give covert search warrant by having into consideration:
a)the nature or gravity of the terrorist act or the suspected terrorist act; and
b)the extent to which the measures to be taken in accordance with the warrant would assist to prevent the act of terrorism or arrest the suspect.
2/ A warrant issued in accordance with this
Article shall specify:
a)the address of any premise to which the warrant relates, and the names of the occupiers, if known;
b)the maximum duration being 30 days, the period during which the warrant is valid and the date on which the warrant is issued; and
c)if necessary, the type or description of evidences to be searched for and seized.
19. Powers of Arrest
1/The police may arrest without court warrant any person whom he reasonably suspects to have committed or is committing a terrorist act as provided under this Proclamation.
2/The arrested person shall have the right to be brought before a court within 48 hours of his arrest. Such time shall not include the time reasonably required for the journey from the place of arrest to the court.
20. Detention and Remand Order
1/The court, before which an arrested person is presented in accordance with Article 19 of this Proclamation, may give an order to remand the suspect for investigation or trial.
2/If the investigation is not completed, the investigating police officer may request the court for sufficient period to complete the investigation.
3/Each period given to remand the suspect for investigation shall be a minimum of 28 days; provided however, that the total time shall not exceed a period of four months.
4/Public prosecutor may appeal on bail cases.
5/If a terrorism charge is filed in accordance with this Proclamation, the court shall order the suspect to be remanded for trial until the court hears and gives decision on the case.
21. Duty to Giving Samples
The police may order a person suspected of acts of terrorism to give samples of his hand writing, hair, voice, finger print, photograph, blood, saliva and other body fluids, for investigation. Moreover, he may order the suspect to undergo medical test. If the suspect is not willing for the test, the police may use necessary and reasonable force to take samples.
22. Duty to Give Information
The police may request from any government institution, official, bank or a private organization or an individual to be given information or evidence which he reasonably believes could assist to prevent or investigate terrorism cases. Any one so requested shall have the duty to give the information or evidence.

PART FOUR
EVIDENTIARY AND PROCEDURAL RULES

23. Admissible Evidences
Without prejudice to the admissibility of evidences to be presented in accordance with the Criminal Procedure Code and other relevant legislations, the following shall be admissible in court for terrorism cases:
1/intelligence report prepared in relation to terrorism, even if the report does not disclose the source or the method it was gathered;
2/hearsay or indirect evidences;
3/digital or electronic evidences;
4/evidences gathered through interception or surveillance or information obtained through interception conducted by foreign law enforcement bodies; and
5/confession of a suspect of terrorism in writing, voice recording, video cassette or recorded in any mechanical or electronic device.
24. Inapplicability of Statue of Limitation for Terrorism Cases
Criminal liability of persons who commit terrorism crimes as stipulated under this Proclamation shall not be barred by statue of limitations.

PART FIVE
MEASURES TO CONTROL TERRORIST ORGANIZATIONS AND PROPERTY

25. Procedure of Proscribing Terrorist Organization
1/The House of Peoples’ Representatives shall have the power, upon submission by the government, to proscribe and de-proscribe an organization as terrorist organization.
2/Any organization shall be proscribed as terrorist organization if it directly or indirectly:
a)commits acts of terrorism;
b)prepares to commit acts of terrorism;
c)supports or encourages terrorism; or
d)is otherwise involved in terrorism.
3/Where any organization is proscribed as terrorist in accordance with sub-article (1) and (2) of this Article, its legal personality shall cease.
4/The body that administers the terrorism victims fund to be established in accordance with this Proclamation shall assign a liquidator to the organization the legal personality of which has ceased pursuant to sub-article (3) of this Article, and enforce the process of the liquidation.
26. Freezing and Seizure of Terrorist Property
1/Where the police, while conducting investigation, has reasonable ground to suspect that any property including bank account has been or may be used to commit terrorist act as stipulated under this Proclamation, he may seize the property in accordance with court authorization.
2/The court shall, in the authorization issued pursuant to sub-article (1) of this Article, pass a temporary freezing order to prevent the transfer of such property to a third party and any other legal transactions involving such property.
3/A copy of the freezing order shall be given to the concerned administrative office and to the owner or possessor of the property.
4/If the owner or possessor of the seized or frozen property is aggrieved by the order, he may lodge an appeal.
5/When the court finds that the property was seized or frozen contrary to the provisions of sub-article (1) and (2) of this Article, it may order the release of the property or the lifting of the freezing.

27. Forfeiture of Terrorist Property
1/Proceeds of terrorism or property of a terrorist organization or a terrorist shall be forfeited by the government.
2/Where a criminal charge is instituted on the matter the public prosecutor may request for an order of forfeiture within the same criminal charge file. If criminal charge is not instituted the application may be presented to the court under a separate file.
3/Before making forfeiture order under sub-article (1) of this Article, the court shall give every person appearing to have an interest in the property an opportunity to be heard.
4/The property shall be transferred to the terrorism victims fund established in accordance with this Proclamation.

PART SIX
INSTITUTIONS THAT FOLLOW UP CASES OF TERRORISM

28. Prosecutor and Police Following up Cases of Terrorism
1/ A public prosecutor or police officer who follows up terrorism cases in accordance with the powers conferred up on by law shall:
a)have more than five years of relevant work experience and the appropriate training and be hard working; and
b)have obtained testimonials from the relevant senior officials of the Ministry of Justice or the Federal Police as to his professional competency and ethics.
2/The Ministry of Justice shall organize a separate specialized department which follow up terrorism cases.
3/The Federal Police shall organize a separate specialized department which follow up terrorism cases.

29. Intelligence Personnel Following up Cases of Terrorism
The National Intelligence and Security Service shall select and assign officers who follow up cases of terrorism. It shall organize a separate specialized department which follow up terrorism cases.

30. National Anti-Terrorism Coordinating Committee
1/In order to prevent and control terrorist acts a National Anti-Terrorism Coordination Committee comprising the heads of the Ministry of Justice, National Intelligence and Security Service and Federal Police shall be established.
2/The Director General of the National Intelligence and Security Service shall lead the Committee.
3/The Committee shall draw up joint counter terrorism plan and set up joint counter terrorism task force and shall work together in coordinating their efforts.
31. Jurisdiction over Terrorism Crimes
1/ The Federal High Court and the Federal Supreme Court shall have jurisdiction over:
a)cases presented in accordance with this Proclamation;
b)other crimes committed together with crimes mentioned under this Proclamation; or
c)criminal cases presented in accordance with this Proclamation, which the court changes the article of the charge.
2/The power to determine the status of a prisoner, captured by the Defense Forces during war conducted to defend the sovereignty of the country, as a prisoner of war or not is hereby given to the Primary Military Court.
3/Articles 13 and 17(1)(b) of the 2004 Criminal Code of the Federal Democratic Republic of Ethiopia relating to jurisdiction shall also include terrorism offences.

PART SEVEN MISCELLANEOUS PROVISIONS

32. Protection of Witnesses
1/Where the court, on its own motion or on an application made by the public prosecutor or by the witness, is satisfied that the life of such witness is in danger, it may take the necessary measure to enable the withholding of the name and identity of the witness. The measures it takes may, in particular, include:
a)holding of the proceedings at a place to
be decided by the court;
b)avoiding of the mention of the names and addresses of the witnesses in its orders, judgments and in the records of the case;
c)issuing of any directions for securing that the identities and addresses of the witnesses are not disclosed; and
d)ordering that all or any of the proceedings pending before the court shall not be published or disseminated in any manner.
2/Any person who contravenes any decision or order issued under sub-article (1) of this Article shall be punishable with rigorous imprisonment from five to ten years and with fine from Birr 10,000 to Birr 30,000.
33. Assisting Judicial Proceedings
The court may mitigate the punishment, upon a request made by the public prosecutor where the defendant repents about his act of committing any of the crimes mentioned under this Proclamation and cooperates in elaborating in detail the manner of the commission of the crime or discloses the identities of the persons who participated in the commission of the crime.
34. Establishment of Fund
Upon the issuance of regulation by the Council of Ministers, terrorism victims fund shall be established.
35. Breach of Duty to Cooperate
Whosoever fails or is unwilling to make the requested cooperation, pursuant to Article 13, 14, 15, 21 or 22 of this Proclamation, or intentionally makes any hindrance on the crime prevention or investigation functions of the police is punishable with rigorous imprisonment from three to ten years.
36. Inapplicable Laws
1/No law, regulation, directive or practice shall, in so far as it is inconsistent with this Proclamation, be applicable with respect to matters provided for by this Proclamation.
2/Without prejudice to the provisions of sub-article (1) of this Article, the provisions of the Criminal Code and Criminal Procedure Code shall be applicable.
37. Power to Issue Regulations
The Council of Ministers may issue regulations necessary for the implementation of this Proclamation.
38. Effective Date
This Proclamation shall enter into force up on the date of publication in the Federal Negarit Gazeta.

Done at Addis Ababa, this 28th day of August, 2009
GIRMA WOLDEGIORGIS
PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

A PROCLAMATION TO PROVIDE FOR THE DISCLOSURE AND REGISTRATION OF ASSETS PROCLAMATION NO. 668/2010.

A PROCLAMATION TO PROVIDE FOR THE DISCLOSURE AND REGISTRATION OF ASSETS
(PROCLAMATION NO. 668/2010) (12th April, 2010) 16thYear No. 18

WHEREAS, the disclosure and registration of assets is important to enhance transparency and accountability in the conduct of public affairs;
WHEREAS, the disclosure and registration of assets is of paramount importance in the prevention of corruption and impropriety and helps to enhance good governance;
WHEREAS, it is necessary to put in place a transparent system that would help the conduct of public affairs and private interest go separate without intervening into one another’s territory so as to avoid possible conflict of interest;
NOW, THEREFORE, in accordance with Article 55 sub article (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 “Disclosure and Registration of Assets Proclamation No.668 /2010.”
2. Definitions
In this Proclamation, unless the context requires otherwise:
1/ “asset” means any movable or immovable or tangible or intangible property and includes landholdings and debts;
2/ “Commission” means the Federal Ethics and Anti-Corruption Commission;
3/ “ethics liaison unit” means a unit entrusted with the duty to coordinate and advise on ethical issues in a public office or a public enterprise;
4/ “appointee” includes the following:
a) the President of the Republic, the Prime Minister, the Deputy Prime Minister, Ministers, State Ministers, Deputy Ministers, ommissioners, Director Generals and Deputy Director Generals;
b) Mayors and other appointees of the Addis Ababa and Dire Dawa city administrations;
c) Presidents, Deputy Presidents and judges of regular and municipal courts;
d) appointees of the defense forces and police;
e) ambassadors, heads of consuls and other diplomatic missions;
f) the Auditor General and the Deputy Auditor General;
g) the Governor and Deputy Governor of the National Bank;
h) Members of Board of Directors, Managers and Deputy Managers of Public Enterprises;
i) Presidents and Deputy Presidents of government higher education
5/ “elected person” includes members of :
a) the House of Peoples’ Representatives;
b) the House of the Federation; and
c) the Addis Ababa and Dire Dawa city
administration councils;
6/ “public servant” includes the following:
a) department heads, directors and service
heads of public offices and public
enterprises and other employees
having equivalent or higher ranks;
b) advisors of appointees;
c) employees of public offices performing
licensing, regulating or tax collection
functions, prosecutors, investigators,
traffic police officers; and
d) other employees of public offices and
public enterprises to be specified by
directives of the Commission;
7/ “family” means the spouse or a dependant child, under the age of 18, or an appointee, elected person or a public servant and include a person living together under irregular union and an adopted child;
8/ “close relative” includes ascendants, descendants, siblings and other persons related to an appointee, elected person or a public servant by consanguinity or affinity up to the third degree;
9/ “public office” means any office the budget of which is fully or partially allocated by government and in which legislative, judicial or executive activities of government are performed;
10/ “public enterprise” means any public enterprise or a share company in which the total or part of the holdings is owned by government.
11/ “person” means a natural or juridical person;
12/ any expression in the masculine gender includes the feminine.
3. Scope of Application
This Proclamation shall be applicable to appointees, elected persons and public servants of the Federal Government and the Addis Ababa and Dire Dawa city administrations.

Trade practice and consumer protection proclamation No.685/2010

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TRADE PRACTICE AND CONSUMERS’ PROTECTION PROCLAMATION
Proclamation No. 685/2010
(Year No. 49 ADDIS ABABA 16th August, 2010)

Whereas, it is necessary that commercial activities must be undertaken in accordance with appropriate practices based on free market economic policy of the country;
Whereas, it is desirable to protect the business community from anti-competitive and unfair market practices, and also consumers from misleading market conducts, and to establish a system that is conducive for the promotion of competitive market;
Whereas, it is necessary to prevent the proliferation of goods and services that endanger the health and well being of consumers, following the expansion of commercial activities, and to ensure their safeness and suitableness to human health in a sustainable manner, and to create the possibility that consumers get goods and services equivalent to the price they pay;
Whereas, it is found important to determine the powers and duties of organs that will be in charge of the responsibility to carry on executive and judiciary activities in order to ensure the implementation of this Proclamation;
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 PROVISIONS
1. SHORT TITLE
This Proclamation may be cited as “Trade Practice and Consumers’ Protection Proclamation No. 685/2010.”
2. DEFINITIONS
In this Proclamation, unless the context otherwise requires:
1/ “Basic Goods or Services” mean goods or services related to the daily need of consumers, the shortage of which in the market may lead to unfair trade practice;
2/ “Basic Public Utilities” means utilities such as water, electricity, telephone and the like;
3/“Authority” means Trade Practice and Consumers Protection Authority established pursuant to Article 31 of this Proclamation;
4/ “Consumer” means a natural person who buys goods and services for his personal or family consumption, where the price is being paid by him or another person and not for manufacture or resale;
5/ “Business Person” means any person who professionally and for gain carries on any of the activities specified under Article 5 of the Commercial Code, or who dispenses services, or who carries on those commercial activities designated as such by law;
6/ “Commercial Activity” means any activity carried on by a business person as defined under sub article (5) of this Article;
7/ “Essential Facility” means an infrastructure or resource that cannot easily or reasonably be found, and which is very important to competitors in order to supply their goods and services to their customers;
8/ “Goods“ means movable commodities that are being purchased or sold or leased or by which any commercial activity is conducted between persons except monies in any form and securities;
9/ “Minister” or “Ministry” means the Minister or the Ministry of Trade and Industry;
10/ “Person” means any natural or juridical per son;
11/ “Service” means any commercial dispensing of service for consideration other than salary or wages;
12/ “Unfair Trade Practice” means any act in violation of provisions of trade related Laws;
13/ “Bureau” means regional state trade and industry bureau or another appropriate bureau;
14/ “Importer” means any person who imports goods from abroad via land or sea or air into Ethiopia;
15/ “Exporter” means any person who exports goods abroad via land or air or sea from Ethiopia;
16/ “Wholesaler” means any person who sells goods to a retailer after buying them from a manufacturer or an importer, or when a manufacturer or an importer sells goods to a retailer or to a wholesaler is considered to have been engaged in wholesale business.
17/ “Retailer” means any person who sells goods to consumers or users after buying them from a wholesaler or a manufacturer or an importer, or when a wholesaler or a manufacturer or an importer sells goods to consumers or users is considered to have been engaged in retail business;
18/ “Anti Competitive or Acts Restricting Market Competition” means acts limiting the competitive capacity of other business persons in commercial activities through acts of putting business persons engaged in selling similar goods and services at loss by reduction of prices or through acts of taking over of businesses and technologies of business persons engaged in similar businesses or through act of restricting the entry of other business persons in to market or through acts of restricting the suppliers of goods and services from determining their selling prices or through the tying of the sale of certain goods and services with the sale of other unlike goods and services by limiting the choices of consumers or users or are the acts prohibited under Articles 5, 11, 15 and 21 of this Proclamation and the like;
19/ “Manufacturing Activity” includes any formulation, alteration, and assembling and prefabrication activity carried on by an industry;
20/ “Regulation” means regulation issued to implement this Proclamation;
21/ “Public Enterprise” means an enterprise established in accordance with Public Enterprises Proclamation № 25/1992 or a business organization whose shares are totally owned by the federal government or public enterprise established by a regional state;
22/ any expression in the masculine gender includes the feminine.

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