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Proclamation No. 616-2008 Civil Aviation Proclamation

[Article] 71. Jurisdiction

1/ Ethiopian federal courts shall have jurisdictions over any criminal offence committed:

a) against or on board any aircraft registered in Ethiopia, wherever such aircraft may be located;

b) in the territory of Ethiopia, irrespective of the nationality of the aircraft;

c) aboard an aircraft in flight outside Ethiopia which lands in Ethiopia with the alleged offender on board;

d) aboard an aircraft which is leased without crew members to a lessee who has his principal place of business in Ethiopia or if the lessee has no such place of business, his permanent residence is in Ethiopia; and

e) by an offender and where the alleged offender is present in the territory of Ethiopia and is not extradited to any other state pursuant to a treaty to which Ethiopia is a party.

2/For the purpose of any criminal proceedings in Ethiopia, any criminal offence referred to in sub-article (1) of this Article and committed outside of Ethiopia shall be deemed to have occurred in Ethiopia.

3/If, pursuant to this Proclamation or any other law, a person has been tried in Ethiopia or elsewhere, in respect of an act or omission, which, by the terms of this Proclamation, constitutes a criminal offence and has been convicted or acquitted, he shall not be tried in Ethiopia, thereafter, in respect of the same act or omission.

  1. Prohibited Activities on Board a Civil Aircraft

1/ Any person who, on board a civil aircraft, unlawfully and intentionally:

a) smokes anywhere including in the lavatories; or

b) operates a portable electronic device when such act is prohibited;

shall be liable to a fine not exceeding Birr15,000 or to a term of imprisonment not exceeding two months.

2/Any person who unlawfully and intentionally tampers with a smoke detector or any other safety related devices installed on board an aircraft, shall be liable to a fine not exceeding Birr100,000 or to a term of imprisonment not exceeding two years, or both.

  1. Removal of Parts of Aircraft Involved in Accident

Any person who intentionally and without authority removes, conceals or withholds any part of a civil aircraft involved in an accident, or any property which was aboard such aircraft at the time of the accident, shall be liable to a fine not exceeding Birr100,000 or to a term of imprisonment not exceeding two years, or both.

  1. Reporting and Record Keeping Violations

Any person who:

1/fails to make a report to the Authority as required by this Proclamation or regulations, directives or orders issued hereunder;

2/ fails to keep records in the form and manner prescribed or approved by the Authority;

3/ mutilates or alters any such report or record; or

4/ files a false report or record;

shall be liable to a fine not exceeding Birr100,000 or to a term of imprisonment not exceeding two years, or both.

  1. Violating Emergency Orders

Whosoever violates the provisions of an order made by the Ministry in accordance with Article 5(1) of this Proclamation shall be liable to a fine not exceeding Birr50,000 or an imprisonment not exceeding three years, or both.

  1. General Criminal Provisions

Without prejudice to the provisions of this Part, any criminal act committed in an aircraft flying in the Ethiopian airspace shall be punishable in accordance with the relevant provisions of the Criminal Code.

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