COUNCIL OF MINISTERS REGULATIONS NO. 36/1998
COUNCIL OF MINISTE5RS REGULATION TO AMEND
THE INVESTMENT INCENTIVES REGULATIONS
These Regulations are issued by the Council of Ministers pursuant to Article 5 of the Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 4/1995 and Article 9 of the Investment Proclamation NO. 37/1996 (as amended).
1. Short Title
These Regulations may be cited as the “Investment Incentives council of Ministers (Amended) Regulation No. 36/1998.”
The Investment Incentives council of Ministers Regulations No. 7/1996 are amended as follows;
1. Sub-Article 2 (a) of Article 6 of the Regulations is hereby deleted and replaced by the following new sub-Article 2(a).
a. Where the capital is up to Birr 2,000,000 … 45%. However, the capital allocated for the expansion or upgrading of the project should increase the total capital of the company to at least Birr 250,000
2. Sub-Articles 4, 5 and 6 of Article 11 of the Regulations are deleted and replaced by the following new sub-Articles 4 and 5:
“4. Capital goods shall be imported free of customs duty; provided, however, where substitutes of capital goods to be so imported are locally produced, the Board may by directives to be issued from time to time prohibit the importation of such capital goods.
5. Goods imported free of customs duty shall not be transferred to third parties not entitled to duty-free privileges, unless prior payment of customs duty is effected thereon.”
3. The following new Article 23,24,25,26 and 27, are added after Article 22 of the Regulations;
“23. Equipment to be Imported Duty Free for Defence Industries
The Provisions of Article 13 of these Regulations (as amended) shall apply to investment in defence industries.
24. Equipment ot be Imported Duty Free for Setting up Industrial Estates
Machinery and equipment necessary for setting up industrial estates as well as equipment and materials to be used directly for the construction of industrial estates and not locally produced shall be allowed to be imported free of customs duty.
25.Equipment to be Imported Duty Free for Telecommunication Services
Machinery and equipment of durable nature together with spare parts of up to 15% of their value necessary for telecommunication services shall be exempt from payment of customs duty.
26. Equipment to be Imported Duty Free for Research and Development Purposes
Machinery and equipment of durable nature necessary for research and development investment purposes shall be exempt from payment of customs duty.
27. Equipment and Machinery to be Imported Duty Free for Investment in Leasing of Capital Goods
With respect to activities enumerated under Articles 13, 18-22 of these Regulations as well as to mining and petroleum operations, machinery and equipment necessary to be used for leasing of capital goods shall be exempt from payment of customs duty.”
4. Articles 23, 24 and 25 of the Regulations are re-numbered as Article 28,29 and 30, respectively.
5. The following new items No. 50 and 51 are added under Schedule One “D” of the Regulations:
“50. Defence Industries (2927);
51. Industrial estates (7010);
6. The following new headings “F”, “G”, “H” and “I” are added under schedule one of the Regulations:
“F. Telecommunication services (6420);
G. Research and Development (7310,1320);
1. General Secondary Level Education (80210)
2. Technical and Vocational Secondary Education (80220, 80901)
3. Higher Education (80300);
1. Hospitals (85110) (outside Addis Ababa only)
2. Diagnostic Centres (85190) (outside Addis Ababa only).”
7. Under the heading “F” of Schedule Two of the Regulations items 3,4 and 5 are deleted.
8. The heading “G” of Schedule Two is hereby deleted and replaced by the following new heading “G”;
1. Hospitals (85110) (within Addis Ababa)
2. Health Centres (85120)
3. Diagnostic Centres (85190) (within Addis Ababa only).
4. Clinics (85120)”
9. The following new heading “G” is added under Schedule Three of the Regulations;
“G. Leasing of Capital Goods (7112,7113,7129).;
3. Effective Date
These Regulations shall enter into force as of the date of their publication in the Federal Negarit Gazeta.
Done at Addis Ababa, this 12th day of June, 1998.
PRIME MINISTER OF THE FEDERAL DEMOCRATIC
REPUBLIC OF ETHIOPIA