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Proclamation No. 813-2013 Trade Competition and Consumers’ Protection Proclamation

[Article] 43. Criminal penalties

1/ Any business person or any person other than a business person who fails to observe, administrative measure ordered by the adjudicative bench of the Authority pursuant to Article 32( 1 ) (a) of this Proclamation or, penalty imposed by the Federal Appellate Tribunal pursuant to Article 33(3) of this Proclamation or, decision or order of the Federal Supreme Court in its appellate jurisdiction pursuant to Article 39(2) of this Proclamation, shall be guilty of a criminal offence and punishable with rigorous imprisonment from 1 year to 5 years .

2/ Any business person who violates Article 22(6) or (I 0) of this Proclamation shall be punished With a fine from 7% up to 1 0% of his annual turnover and with rigorous imprisonment from 3 years to 7 years.

3/ Any business person who violates any of the provisions of Article 22 of this Proclamation other than sub-article (6) and (10) shall be punished with a fine from 5% up to I 0% of his annual turnover and with rigorous imprisonment from 1 year to 5 years.

4) Any business person who has been found hoarding or diverting or transporting goods in violation of Article 24 of this Proclamation shall, in addition to confiscation of the goods, be punished with a tine from 5% up to 10% of his annual turnover and with rigorous imprisonment from 1 year to 5 years.

5/ Any driver of a vehicle who participated in hoarding or diverting or illegally transporting goods in violation of Article 24 of this Proclamation shall be punished with a fine from Birr 10,000 to Birr 50,000.

The vehicle shall be confiscated with the goods if it is constructed, adopted or fitted with a compartment to conceal goods or the owner of the means of transport, being aware of the illegal transportation, fails to take appropriate measure to prevent or stop the commission of the act.

6) Any business person or any person other than a business person who violates the provisions of this Proclamation other than those provided from sub-article (1) lo (5) of this Article or the provisions of regulations, directives or public notice issued to implement this Proclamation shall be punished with a fine from Birr 5,000 to Birr 50,000 and with simple imprisonment.

7/ Any person who opposes, obstructs or unduly influences an investigation process of the Authority shall be guilty of a criminal offence and be punished with simple imprisonment.

8/ The federal court hearing a criminal action regarding an offence committed in violation of sub-article (1) of this Article may not have the power to examine the merit of the decision of the adjudicative bench of the Authority other than examining the observance or non-observance of the administrative measure or penalty imposed by the bench.

9/ The criminal penalty imposed pursuant to sub-article (1) and (8) of this Article may not affect the execution of the administrative measures taken, and the penalty imposed, by the adjudicative bench of the Authority

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