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Proclamation No. 482 -2006 Access to Genetic Resources and Community Knowledge

[Article] 35. Penalty

1/ Any person who:

a) Accesses genetic resources or community knowledge without obtaining an access permit from the Institute;

b) Provides false information in the access application or in the course of subsequent monitoring of access agreement;

c) Subsequently changes the purpose of access specified in the access agreement without obtaining permit from the Institute to the effect.

d) Explores genetic resources without obtaining exploration permit from the Institute or provides false information in the application for exploration permit;

Shall, with out prejudice to the confiscation of the genetic resource accessed, the cancellation of the access permit granted, and the civil liability arising thereof, be punished, depending on the gravity of the circumstance, with rigorous imprisonment of not less than three years and a fine of not less than ten-thousand and not exceeding thirty-thousand birr.

2/ Where the offence committed is in relation to genetic resources endemic to Ethiopia:-

The punishment shall be, depending of the circumstance, rigorous imprisonment of not less than five years and not exceeding twelve-years and a fine ranging from fifty thousand birr to hundred-thousand birr.

3/ Where the offences under this Article are committed in negligence, the penalty shall be a fine of not less than five thousand birr or, depending on the circumstance and the gravity of the offence, simple imprisonment of not less than three months.

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