Category: Draft Laws

DRAFT INVESTMENT PROCLAMATION

PROCLAMATION No…/2019
INVESTMENT PROCLAMATION

RECOGNIZING that increasing the role of private sector investment in all sectors of the
economy including in productive and enabling sectors has become necessary to accelerate the
economic development of the country, ensure its sustainability, strengthen domestic production
capacity and thereby improve the living standards of its people;
WHEREAS it has become necessary to create an economic framework that fast-tracks
the global competitiveness of the national economy, increases export performance, generates
more and better employment opportunities, and facilitates sustainable and entwined linkage
among various economic sectors;
WHEREAS it has become necessary to further increase and diversify foreign
investment inflow to accelerate inward transfer and diffusion of knowledge, skill, and
technology;
RECOGNIZING that it has become necessary to maximize linkages between foreign
and domestic investments, promote equitable distribution of investments among regions, and
leverage foreign capital to promote the competitiveness of domestic investors;
RECOGNIZING that it has become essential to put in place a system of monitoring and
supervision to ensure that investments deliver on promised potentials stated in national
investment objectives and are operated in accordance with the law;
WHEREAS the investment administration system has to be transparent, predictable, and
efficient to increase investment attraction, retention, and expansion;
WHEREAS, to these ends, it has become necessary to revise the existing law on
investment;
NOW, THEREFORE, in accordance with Article 55(1) of the Constitution of the
Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

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Draft Investment proclamation Ethiopia (amharic)

Draft Investment proclamation Ethiopia (commentary)

Draft Investment proclamation Ethiopia (english)

Amended /Draft/ Proclamation to regulate transaction of minerals

Proclamation No……/2019
A Proclamation to Regulate Transaction of Minerals


WHEREAS, the constitution of the Federal Democratic Republic of Ethiopia, provides that the right to ownership of all-natural resources of Ethiopia is exclusively vested in the government and its people. Thus, it becomes necessary to regulate the transaction of mineral resources after production;
WHEREAS, it has become necessary to put in place a regulatory framework that promote, regulate and control the transaction of all mineral resources;
WHEREAS, it has become necessary to modernize the mineral transaction scheme so as to create a proper structure that enhances the contribution of the sector to the national economy;
WHEREAS, it has become crucial to determine the roles, powers and duties of all stakeholders that participate in mineral transaction;
NOW, THERFORE, 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 “Transaction of Minerals Proclamation No. …./2019.”
2. Definition
In this Proclamation, unless the context otherwise requires:
1. “Mineral” means any mineral substance of economic value produced, whether in solid, liquid or gaseous form, occurring naturally on or within the earth or in or under water and which is formed by or subjected to geological process and includes any mineral occurring in residue stockpiles or in residue deposits but excludes:
a) Any other water and Geothermal water used for industrial, bathing, recreational and medical purpose other than water used for the extraction of any mineral such as brine;
b) Products of Natural gas and Petroleum as defined in the relevant petroleum law;
c) Top soil and products of oil shale;
2. “Precious Mineral” means precious metallic mineral such as platinum, gold, silver or precious stones such as diamond, ruby, emerald, sapphires products and includes other minerals as the ministry may, by directives, so designate;
3. “Semi-Precious Mineral” means mineral used for jewelers such as opal, rhodolite, olivine, jadite, lazurite and includes any other mineral the ministry may, by directives designate as such, excluding precious minerals;
4. “Metallic Mineral” means any produced metallic mineral such as iron, copper, zinc, lid, chromites, nickel, tantalum and manganese and includes any other mineral the ministry may, by directives, designate as such, excluding precious and semi-precious minerals;
5. “Construction Mineral” means any mineral directly or indirectly used as an input for construction purposes such as marble, granite, limestone, basalt, sand, aggregate, ignimbrite, and clay and includes any other nonmetallic minerals the ministry may designated as such by directives;
6. “Industrial Mineral” means any mineral directly or indirectly used as industrial input such as kaolin, bentonite, quartz, coal, limestone, potash, gypsum, pumice, clay, graphite and includes any other minerals the ministry may, by directives, designate as such, excluding metallic, precious or semi-precious minerals;
7. “Transaction” means any activity related to the purchase, custody, transport, crafting, refining, smelting, sale locally or export of minerals for commercial purposes;
8. “Suppliers” means a buyer of locally produced minerals from legal miners and sale gold and silver to national bank or other legally authorized entity; precious or semi-precious minerals to exporters or holders of lapidary license and the remaining minerals to the users;
9. “Crafting” means the activity of molding precious, semi-precious or metallic minerals in their final shape by means of smithery, lapidary or by combining the output from the two;
10. “Smithering” means undertaking smelting, molding and other similar activities of precious, semi-precious or metallic minerals to finished products for consumption by end users;
11. “Lapidary” means the cutting, molding, polishing and any other similar activities carried out on precious and semi-precious stone to shape them to be ready for use;
12. “Combining” means using processed or semi processed ornament to produce a combined ornament that has final shape by means of smithery or lapidary;
13. “Smelting” means the process of giving final shape to gold, silver or metallic minerals through smelting and make them ready for sale;
14. “Refining” means the process of taking out of impurities or separation of different associated metals from any metallic minerals to increase their carat amount or purity;
15. “License” means a trade license issued pursuant to the provisions of this proclamation that gives a mineral transaction right;
16. “Certificate of competence’’ means a certificate granted to approve the capability of an applicant to get a trade license to engage in minerals transaction;
17. “Processing” means washing, smelting, smithering, crushing, cutting, decorating minerals by using different methods and undertaking other related activities to give their final shape;
18. “Foreign Investors” means foreign national or an enterprise owned by foreign nationals, having invested foreign capital in Ethiopia, and includes an Ethiopian permanently residing abroad preferring treatment as a foreign investor;
19. “Local Investors” means an Ethiopian having made an investment, or government and public enterprises as well as a foreign national of Ethiopian origin and preferring treatment as a domestic investor;
20. “Exporting” means the activity of buying gold and silver which are in their final shape, other mineral in their processed or semi processed form, from miners, holder of crafting or suppliers license for the purpose of exporting;
21. “Transfer” means sale, encumbrance, inheritance, assignment or any other means of transferring of the rights and obligations to another party;
22. “By-products” means debris, discard, tailings, slimes, slurry, waste, ash or any other products derived from processing minerals including those that have value or no value, or that causes or may not cause harm to the environment;
23. “Personal use” means the custody of gold and precious metallic minerals, precious ornament or semi-precious mineral by individual for non-commercial purpose which is in their final shape ready for ornamental purpose;
24. “License issuing Authority” means as the case may be the Ministry of Trade and Industry or any relevant regional authority.
25. ’’certificate of competence issuing authority’’ means as the case may be the Ministry or any regional authority responsible for managing the mineral sector
26. “Ministry” means the Ministry of Mines and Petroleum;
27. “State” means any regional state specified under article 47 (1) of the constitution of the Federal Democratic Republic of Ethiopia, and includes the Addis Ababa and Dire Dawa city administrations;
28. “Bank” means the National Bank of Ethiopia;
29. “Duration of a License or certificate of competence” means a duration of one year from the issuance of a license or certificate of competence, in the Ethiopian Calendar;
30. “Budget Year” means from the period of July 08 up to July 07, according to the Ethiopian calendar;
31. “Person” means any natural or juridical person;
32. “Final Shape” means to add value to minerals to produce jewelry and ornaments to get final aesthetic value.
33. Any expression in the masculine gender shall also include the feminine gender. Continue reading “Amended /Draft/ Proclamation to regulate transaction of minerals”

Customs Amendment /draft/ Proclamation

 

 

Proclamation No_______/2019

Customs Amendment Proclamation

 

Where as it becomes necessary to amend customs Proclamation 859/2014,

Now therefore, the following is proclaimed in accordance with article 55/1/ of the constitution of the Ethiopian Federal Democratic Republic.

 

1. Short Title

This proclamation may be cited as “Customs Amendment

Proclamation No-/2019”

 

2. Amendment

 

The customs proclamation No.859/2014 is amended as follows.

1/ Sub articles (49) ,(52),(54) and (55) of article 2 of the proclamation are  deleted and replaced respectively by the following  new Sub articles (49),(52),(54) and (55).

49) “Concealing Goods” shall mean an act of import or export of undeclared goods which are different from declared goods in kind, amount or size, measurement, Quality, Quantity, description and country of origin.

52) “Personal effects” means articles which a traveler may require for his personal use and the aggregate value or quality of which does not exceed the amounts laid down in directive issued by the Ministry of finance.

  • “Ministry or Minister” shall mean Ministry or Minister of Revenues.”

 

  • “Commission or Commissioner” shall mean customs Commission or

2/ The following new sub article (7) is added next to sub article (6) of article 10   of the proclamation.

 

7/ Notwithstanding the provisions under sub article (6) of article 7 of the proclamation, where the declarant cannot provide some of the documents necessary to accomplish customs formalities, the commissioner may allow the customs formality be accomplished without such documents being submitted to the customs  as the case may be.

 

3/ A new sub article (3) is added after sub article (2) of article 14 of the    proclamation.

 

  • Notwithstanding the provisions of sub articles (1) and (2) of article 14 of the

proclamation where goods of low risk are released and post clearance Audit is undertaken at the warehouse or business premise of the declarant, the commission may, with reasonable grounds, allow amendment of the declaration provided that the statements delivered thereunder are erroneous.

Continue reading “Customs Amendment /draft/ Proclamation”

The Ethiopian Electoral and Political Parties /DRAFT/ Proclamation

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The Ethiopian Electoral and Political Parties Proclamation

የኢትዮጵያ የምርጫና የፖለቲካ ፓርቲዎች  /ረቂቅ/ አዋጅ

WHEREAS, it has become necessary to enable all Ethiopians to exercise their right to self-administration, without any discrimination, through their representatives elected in a direct and free election;
WHEREAS, it has become necessary to establish an electoral institution that conducts free, fair and peaceful elections at every level in an impartial manner in which Ethiopians freely express their will on the basis of equal popular suffrage and secret ballot system;
WHEREAS, it has become necessary that any electoral activity shall be guided by an electoral law that meets international standards;
WHEREAS, the National Electoral Board of Ethiopia has been re-established by Proclamation No…. to administer elections impartially;
WHEREAS, it has become necessary to establish an electoral system that enables political parties with different views to participate in the election and introduce their objectives to the electorate in a peaceful and legal manner, and that enables the people to elect their representatives based on informed decisions and free expression of their will;
WHEREAS, it is necessary to lay down the rights and duties of citizens to establish and become members of political parties in exercising their freedom of association and, the basic principles that political parties must abide by;
WHEREAS, it is necessary to regulate the manner in which political parties can merge, form alliances or build coalitions;
WHEREAS, it has become necessary to put in place an instrument that enables political parties and independent candidates running for elections to play a constructive role in ensuring fair, peaceful, free and democratic elections;
WHEREAS, it is necessary to issue a code of conduct for political parties, candidates and members of political parties to promote elections that are guided by ethical behavior, and that are transparent, free, fair, peaceful, legitimate, democratic and credible;
WHEREAS, it has become necessary to establish a joint political parties’ forum and other bodies that give administrative decisions to resolve disputes that occur in the election process, and to put in place a clear and effective system of looking info complaints and appeals
NOW, THEREFORE, in accordance with Article 55 (1) and Article 102 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 proclamation on The Electoral and Political Parties Law of Ethiopia Proclamation No…
Unless the context otherwise requires, in this proclamation:
1.”FDRE” means the Federal Democratic Republic of Ethiopia;
2.”Constitution” means the Constitution of the FDRE;
3.”Region” means one of the regions established in accordance with Article 47 of the Constitution and, for the purposes of this Proclamation, shall include the two chartered cities of Addis Ababa and Dire Dawa;
4.“Board” shall mean the Ethiopian National Electoral Board re-established by Proclamation No 1133/2011
5.”Election” means general elections, local elections, by elections and re-elections conducted in accordance with the FDRE and regional constitutions, and other relevant laws.
6.”General elections” means the elections held every five years to elect members of the House of Peoples’ Representatives and Regional State councils;
7.”Local Elections” means the elections held to elect representative to zonal, woreda, city municipality and sub-city or Kebele councils conducted in accordance with relevant laws;
8.”By-election” means an election held in a single political constituency to fill a vacancy arising during a government’s term of office.;
9.“Re-Election” means a rerun of an election on the order of Ethiopian National Electoral Board as per the authority given to it by Proclamation No 1133/2011; on the order of the Federal Supreme Court; or when the election candidates received equal number of votes and were tied for the seat.
10.”Referendum” means voting by the electorate on a particular proposal presented to it in accordance with the FDRE Constitution or other relevant laws.
11.”Electoral Register” means a record wherein voters are registered at polling stations as voters for elections at all levels;
12.”Voter Identification Card” means a certificate issued to voters upon registration at polling stations;
13.”Political Party or Political Organization” means an entity with a political program created by an organized group of people in accordance with this Proclamation to hold power by contesting in elections at the national, regional or local levels.
14. “Political Party Leaders” means members of the executive committee -or equivalent- of a political party.
15. “Constituency” means an electoral district established by dividing the nation’s territories in accordance with the law and in a manner conducive for the execution of elections and for the people to elect their representatives;
16. “Polling Station” means a place where voter registration, the casting of votes and vote counting take place during elections.
17. “Election Executive” means a person, including the Board, in charge of executing elections.
18. “Candidate” means any person nominated by a political party or registered independently to compete in an election;
19. “Observer” means both local and international organizations observers.
20. “Local Election Observer” means a legally registered, independent and not for profit domestic organization which the Board has authorized to observe elections through its representatives.
21. “International Election Observer” means foreign governments or international, regional or sub regional organizations, or governmental and nongovernmental agencies operating in or out of the country which the Board has invited to observe elections in observance of international treaties to which Ethiopia is a party.
22. “On-site Representative” means a person assigned by a political party or an independent candidate to a specific constituency or polling station to observe the election process on-site and ensure that the rights of the candidate he represents are respected.
23. “Mobile Observer” means a person assigned by a political party or an independent candidate to observe the election process on-site and ensure that the rights of the candidate he represents are respected by moving from one polling station to another
24. “Grievance Hearing Committee” means a committee established in accordance with this Proclamation during elections to give administrative decisions to complaints lodged at a regional electoral office, a constituency and a polling station level;
25. “Merger” means the formation of a new party by two or more legally registered parties which have dissolved themselves.
26. “Front” means an alliance formed by two or more political parties that have distinct legal status following their agreement to have common name, political agenda and rules;
27. “Coalition” means an alliance between two or more political parties who agree to work together for a common objective while maintaining respective legal personalities.
28. “Substitution” means the replacement by a political party of its old name and program by a new one and its registration under a new name when the request made to the Board is accepted following the submission of the required information to the Board.
29. “Person” means natural or legal person.
30. Words used in the masculine include the feminine
3. Scope of Application
This proclamation shall be applicable to;
1.All general elections conducted in Ethiopia as well as local elections, by-elections, reelections, and referendums.
2.citizens who have formed a political party to contest in elections; political parties along with their leaders, chairpersons, members, supporters, representatives, party or individual candidates; fronts, coalitions, alliances and mergers