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Proclamation No. 718-2011 National Payment System Proclamation

[Article] 35. Offences and Penalties
1/ Unless a higher penalty is applicable under any other law any person who contravenes the provisions of sub-article (1) of Article 5 or sub-article (1) of Article 8 of this Proclamation shall be punished with a rigorous imprisonment from 10 to 15 years and with a fine of Birr 20,000 in respect of each day on which the contravention continues.
2/ If a director, a manager or an employee of an operator, a participant, or issuer of payment instrument:
a)obstructs the proper performance, to be conducted in accordance with this Proclamation, of an auditor or an inspector duly authorized by the National Bank; or
b) damages, destroys, alters or falsifies accounts, books or records of the operator, participant or issuer of payment instrument; or
c) makes false entries or fails to enter material items in the accounts of an authorized system; or
d)fails to provide information which is required to be disclosed pursuant to this Proclamation or regulation or directive issued hereunder or give false or inaccurate information; or
e)discloses any confidential information relating to any person except required or ordered by court, law, legally authorized person or National Bank; shall be punished with a rigorous imprisonment from 10 to 15 years and with a fine from Birr 50,000 to Birr 100,000.
3/ Whosoever without lawful authority makes, or forges or alters any payment instrument shall be punished with rigorous imprisonment from 10 to 15 years and with a fine from Birr 50,000 to Birr 100,000.
4/ Whosoever uses or attempts to use, exports, imports, purchases, acquires, accepts in trust, sells or offers for sale or donates any payment instrument which he knows to be forged, fictitious, altered, lost, stolen, expired, revoked or fraudulently obtained shall be punished with rigorous imprisonment from 5 to 15 years and with a fine from Birr 50,000 to Birr 100,000.
5/ Whosoever, with the intent of unlawful use of them, possesses, imports, exports or transfers machinery, mould, die, paper, metal or other material to be used for making any forged payment instrument shall be punished with rigorous imprisonment from 7 to 10 years and with a fine from Birr 50,000 to Birr 100,000.
6/ Whosoever:
a)furnishes goods, services or any other valuable interest upon presentation of a payment instrument which he knows is forged, fictitious, altered, lost, stolen, expired, revoked or fraudulently obtained; or
b)knowingly receives, conceals, uses, transfers or transports money, goods or services obtained by use of any forged, fictitious, altered, lost, stolen, expired, revoked or fraudulently obtained payment instrument; shall be punished with imprisonment from 2 to 5 years and with a fine.
7/ Whosoever:
a) without being an issuer or agent thereof, sells a payment instrument; or
b) buys a payment instrument from a person other than the issuer or its agent;
shall be punished with an imprisonment up to 3 years and with a fine up to Birr 5000.
8/ Without prejudice to the provisions from sub-article (1) to (7) of this Article, any person who contravenes or obstructs the implementation of other provisions of this Proclamation or regulations or directives issued hereunder shall be punished with an imprisonment up to 3 years and with a fine up to Birr 10,000.
9/ Without prejudice to the rights of third parties, any asset derived from the commission of an offence referred to in this Article shall be confiscated by the government.

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