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
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.
Customs Proclamation No.859-2014
20th Year No. 82 ADDIS ABABA 9th December, 2014
This is the final draft customs proclamation. So what is new? Almost everything is new. The part dealing with offences and penalty has significantly eased the harsh punishments of customs proclamation No. 622/2009.
Article 91(1) of the customs proclamation No. 622/2009 crime of contraband i.e. importing or exporting prohibited or restricted goods was punishable with rigorous imprisonment from 7 to 15 years and fine equivalent to the amount of the customs duties and taxes payable on the goods. Additionally, the goods and equipments used in the commission of the offence and the proceeds will be confiscated.
According to the new draft, the punishment is rigorous imprisonment not less than five years and not exceeding 10 years and fine not less than Birr 50,000 and not exceeding Birr 200,000.
The conditions, under which the means of transport could be confiscated, have also been significantly changed. The draft provides that any means of transport used to carry goods liable to forfeiture shall be forfeited to the Government if:
a) the means of transport is constructed, adopted or fitted with a compartment to conceal goods;
b) the owner of the means of transport, being aware of the fact, fails to take appropriate measure to prevent or stop the commission of the act; or
c) if the owner of the means of transport fail to appear after being summoned
In the previous proclamation, punishment for obstruction of customs formalities was a fine of Birr 5,000 up to 10,000 and imprisonment from 3 to 5 years. If the crime is committed by use of force or by an organized group, the punishment extends from five to ten years rigorous imprisonment. According to the new draft, obstruction of customs control entails punishment of simple imprisonment not less than six months and not exceeding one year and fine not less than Birr 5,000 and not exceeding Birr 10,000. In case of use of force or commission of the offence by an organized group, the imprisonment shall extend from one to five years rigorous imprisonment.
The new draft also authorizes the Director General of the Authority to decide that criminal charges not to be instituted where:
1/ the alleged offender cannot follow the proceedings due to old age or chronic disease;
2/ it is believed that the proceeding of the case in court will harm national security or international relations;
3/ instituting proceedings may cause an unbalanced side effect;
4/ the charge has not been instituted in time and thus has lost its relevance;
5/ there are other similar reasons.
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