COUNCIL OF MINISTERS REGULATIONS No. 20/1997
COUNCIL OF MINISTERS REGULATIONS TO
PROVIDE FOR THE ESTABLISHMENT OF THE
ETHIOPIAN TRADE POINT
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.
1. Short Title
These Regulations may be cited as the “Ethiopian Trade Point Establishment Council of Ministers Regulations No. 20/1997.”
In these Regulations, unless the context otherwise requires:
1. “Ministry” of “Minister” means the Ministry or the Minister of Trade and Industry, respectively.
2. “Trade Point Participants” means government and private organizations which play a major role in facilitating foreign trade activities.
1. There is hereby established the Ethiopian Trade Point (hereinafter “the Trade Point”) as an autonomous government institution having its own legal personality.
2. The Trade Point shall be accountable to the Minister.
The Trade Point shall have the following objectives:
1. To collect, compile process and appropriately disseminate trade related information so as to promote the country’s foreign trade:
2. To make foreign trade procedures efficient by facilitating a situation whereby the Trade Point participants provide a co-ordinate service;
3. To facilitate electronic trade transactions based on international standards.
5. Powers and Duties of the Trade point
Without prejudice to specific powers and duties given by law to other government institution, the Trade Point shall have the following powers and duties:
1. to receive, collect, compile and disseminate to users trade-related information by becoming part of the international information network and by using modern communication systems;
2. To process and disseminate to users information necessary for foreign trade activities by purchasing and collecting them from foreign or domestic sources;
3. To submit proposals on foreign trade policies and strategies to the Ministry;
4. To cause the establishment of strong cooperation and relations with similar Trade Points in other countries; collect and disseminate foreign trade laws, regulations directives and technical standards of other countries;
5. To promote domestic products on international markets by using the communication system of the Trade Point;
6. To facilitate the coordination of services rendered by institutions relevant to foreign trade activities;
7. To charge fees for the services it renders;
8. To establish relations with relevant domestic and foreign organizations with a view to carry out functions assigned to it under these Regulations;
9. To own property, enter into contracts, sue and be sued in its own name;
10. To engage in other activities necessary to accomplish its objectives.
6. Office of the Trade Point
The office of the Trade Point shall be in Addis Ababa.
7. Organization of the Trade Point
The Trade Point shall have:
1. A board of Management (hereinafter “the board”);
2. A Director to be appointed by the Minister upon the recommendation of the board; and
3. The necessary staff.
8. Members of the board
1. The Board shall constitute seven members to be designated by the Government from the private sector and government institutions.
2. The Chairperson shall be assigned by the Government from among the members of the Board.
9. Powers and Duties of the Board
The Board shall have the following powers and duties:
1. To supervise and follow up the activities of the Trade Point and ensure that IT functions in accordance with its objectives;
2. To determine the organizational structure of the Trade Point; issue directives which assist in the efficient provision of the services of the Trade Point and ensure the implementation of same;
3. To prepare and submit to the Ministry draft directives, based on the general principles of federal civil service laws, for the employment and administration of the staff of the Trade Point and supervise the implementation of same upon approval;
4. To approve the employment, assignment and dismissal of officials directly accountable to the Director;
5. To deliberate on foreign trade policies and strategies and submit proposals on same to the Ministry;
6. To determine fees to be charged by the Trade Point for the services it provides;
7. To evaluate and endorse agreements to be concluded by the Trade Point with local or foreign institutions;
8. To submit the work program and budget of the Trade Point to the Ministry and, upon approval, supervise the implementation of same;
9. To approve the internal regulations of the Trade Point to be prepared pursuant to these Regulations and follow up the implementation of same;
10. To deliberate and decide on other policy issues proposed by the Director;
11. To give general directives to the Director;
12. To evaluate the performance-report of the Trade Point, quarterly, and submit same to the Ministry together with its comments.
10. Meetings of the Board
1. The Board shall have a regular meeting every month; it may, however, convene extraordinary meetings and deemed necessary.
2. There shall be a quorum where more than half of the members of the board are present.
3. Without prejudice to the provision of sub-Article (2) of this Article, the Board shall decide by a majority vote. In case of a tie the chairperson shall have a casting vote.
4. Subject to the provisions of this Article, the board may issue its own rules of procedure.
11. Powers and duties of the Director
1. The Director shall be the chief executive officer of the Trade Point and, as such shall, subject to the general directives of the Board, direct and administer the activities of the Trade Point.
2. Without limiting the generality of sub-Article (1) of this Article, the Director shall:
a. Exercise the powers and duties of the Trade Point specified in Article 5 of these Regulations;
b. Employ, administer and dismiss the staff of the Trade Point in accordance with the directives issued pursuant t Article 9 sub-Article (3) of these Regulations;
c. Prepare and submit to the Board the work program and budget of the Trade Point and implements same upon approval;
d. Effect payment in accordance with the approved budget and work program of the Trade Point;
e. Represent the Trade Point in its dealings with third parties;
f. Submit to the Board the performance and financial reports of the Trade Point.
3. The Director may delegate part of his powers and duties to other officers and employees of the Trade Point to the extent necessary for the effective performance of the activities of the Trade Point.
1. The budget of the Trade Point shall be drawn from the following sources:
a. Budget allocated by the Federal Government
b. Fees collected for its services; and
c. Grants, donations, and any other sources income.
2. The allocation of budget by the Federal Government shall continue only until such time as the Trade Point is fully financially self-sufficient.
3. The funds raised from the sources referred to in sub article (1) (b) and (c) of this Article, shall be deposited in a bank account to be opened in the name of the Trade Point and shall be expended towards the fulfillment of its objectives.
13. Books of Account
1. The Trade Point shall keep complete and accurate books of account.
2. The books of account and financial documents of the Trade Point shall be annually audited by the Auditor General or by an external auditor assigned by him.
14. Effective Date
These Regulations shall come into force as of the date of their publication in the Federal Negarit Gazetta.
Done at Addis Ababa, this 20th day of October, 1997.
PRIME MINISTER OF THE
FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA