Tag: mineral transaction

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”