OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 9th Year No. 82 ADDIS ABABA 22nd day of July – 2003 CONTENTS Proclamation No. 360/2003 Ethiopian Information and Communication Technology Development Authority Establishment Proclamation Page 2325 PROCLAMATION NO . 360/2003 A PROCLAMATION TO PROVIDE THE ESTABLISHMENT OF ETHIOPIAN INFORMATION AND COMMUNICATION TECHNOLOGY DEVELOPMENT AUTHORITY WHEREAS , it has become necessary to guide the syner Technologies ( ICTS ) in a direction that enable the technology to contribute its critical role for accelerated attainment of political , social and economic development ; WHEREAS , it is necessary to a ascertain a national development cognizant of the dynamism , peculiarities , extent and coverage of information and communication tech nologies ; WHEREAS , it is necessary to a ascertain the develop ment of information communication technology as a nationally and globally competitive economic sector through coordinated measures ; WHEREAS , it is deemed necessary to establish a communication technology development ; NOW , THEREFORE , in accordance with Article 55 ( 1 ) Ethiopia , it is hereby Proclaimed as follows : Unit Price The African Law Archive PART ONE 1. Short Title This Proclamation may be cited as the ' Ethiopian Information and Communication Technology Develop ment Authority Establishment Proclamation No. 360 / 2. Definition In this Proclamation , unless the context otherwise requires : 1. “ Governmental Organizations ” means Federal government and Regional State , others accountable organs under the same , and Addis Ababa Adminis tration as well as Dire Dawa Council . “ Data ” means a source of information directly gathered from the field or first hand , unprocessed and uninterrupted but could be put in use . 3. “ Information ” means a resource generated from an existing knowledge or data and that can be presented to the user in the form of audio , text and visual forms or in the combination of either of the two or all of them . 4. “ Primary Data ” means first hand data gathered from the origin for the purpose of indicating federal , regional or economic sector activities . 5. “ Information and Communication Technology ” means the technologies and systems supporting the collection , processing , inalysis , disseemination , ac cess , and preservation of data or information . 6. “ Information and Communication Technology In dustry ” means information and communication tech nology related to manufacturing , development or service provision activity or a work undertaken by any person or institution . 7. “ Computer Network ” means a system of intercon necting computers in a government institution or between more than one institution to transmit , aggregate or deliver services . 8. “ Application " means a computer programme set to process certain activities or works by a computer . 9. “ Domain Name ” means a name given to an Or ganization or an entity that locates an organization or an entity on the Internet . 10. “ Country code Top level Domain ” means the suffixes attached to a name given to identify an organization or the Internet domain name . 11. “ Person ” means a natural or juridical person . The African Law Archive PART TWO 3. Establishment 1. Ethiopian Information Communication Technology Authority ( hereinafter referred as “ The Authority ” ) is established as an autonomous Federal government Public office having its own juridical personali The authority shall be accountable to the Ministry of Capacity Building Head Office The Head Office of the Authority shall be in Addis Ababa and it may establish branch offices , in Regions , as may be necessary . 5. Objective to use Information and Communication technology in such a way that it contributes to the nation's socio economic development and the building of democracy and good governance . 6. Power and Duties The Authority shall have the powers and duties to : 1. Present study based proposals to formulate and amend Information Communication Technology Development Policy , strategy , codes and directives and implement same upon approval .. Advice and support the concerned organs to protect violations of social and individual constitutional rights that may be caused by the use of the tech rology , and to deter and offset national security problems that may arise from the utilization of information and communication technology . 3. Facilitate the building of information munication technology policy implementation capacity of government institution ; and ensure im plementation of same upon approval . Issue standards necessary for the collection , preservation , aggregation , analysis and semination of information as well as for ascertaining the security and reliability of same ; and follow up its implementation . 5. Initiate laws necessary to facilitate the utilization of products , services and activities related with infor mation and communication technologies ; and ensure the implemeniation of same upon approval . 6. Regulate the allocation , give address register and monitor government domain names for a coor dinated and standardized development of national , institutional and sectorial information . The African Law Archive ( Country Code Top Level Domain ) ሀገራዊ utilization of Country Code tope Level Domain ( CCTLD ) and facilitate proper implementation . 8. Design favorable mechanisms for the development of information communication technologies industry and implement it . 9. Conduct studies and submit decision proposals for fast and affordable access of information and communication technologies and follow up its implementation upon approval . 10. Ensure , support and follow up the implementation of modern information network within and between federal and regional government institutions . 11. Provide a system where unilateral undertakings that are underway or shall in the future be , in using information communication technology , could be better organized at a national level and could be of better use . 12. Ensure mission critical systems and services in public services are computerized and services are available on line to the users on steady bases . other stakeholders in the development , use and advan cement of information communication technology ; and assists in strengthening public private partnership working modalities . 14. Make information and communication technology play the vital role in the implementation national development programmes to fasten economic development of the nation . 15. Build a national system and capacity that allows the follow up , collection and analysis of the ICT develop ment trends . 16. Ensure the integration and interoperability of operational and forthcoming computer networks and applications . 17. Sensitize , at all levels , the diffusion and exploitation of the practice application of information and com munication technology products and services at gras sroots level . 18. Give national awards for outstanding achievements by institutions and professionals in diffusing and effectively applying information communication technologies for development ; and also coordinate forums for introducing the technology . implementation , releases directives and follow through its implementation to facilitate the utilization of infor mation and communication technology in government organizations . The African Law Archive LawArch9 APR No. 82 22 July , 2003- ~ Page 2329 20. From time to time design evaluation standards that help measure the progress and level of achievement of information and communication technology and shall gather and analyze data that serve the same purpose . 21. Extend advice for coordinated and secured infor mation flow and exchange between governmental institutions , follow their proper implementation and recommends for timely updates inline with the development of the technology . 22. Work in collaboration with those concerned organs in designing information communication tech nology focused education and training programmes ; and follows up the implementation of same upon approval . 23. Coordinate and support research and development activities that focus on introducing information and communication technology to the community . 24. Ensure in collaboration with concerned organs , that information communication technology education and training as well as supplementary technologies deployed are up to the standard . 25. Generate and contribute proposals that enhance the participation of the private sector in national infor mation communication technology development . 26. Make sure the availability of systems , which guide and control the collection , analysis and dis semination of primary data . 27. Own property , inter into contracts and sue and be sued in its own name . 28. Collect fee for the services rendered , as it deems necessary . 29. Carry out such other activities as are necessary for the attainment of its objectives . 7. Organization of the Authority The Authority shall have : National Information Communication Technology Development Advisor body . A Director General and Deputy Directors shall be appointed by the government upon nomination by the Ministry of Capacity Building ; and 3. The necessary staff . National Information and Communication Technology Development Advisory body 1. National Information and Communication Tech nology Development Advisory body ( hereinafter referred as “ The advisory body ” ) is established per this Proclamation . The advisory body shall be accountable to the Minister of Capacity Building . The Advisory body shall have not less than seven members nominated by the Minister of Ministry of Capacity Building and designated by the Govern ment . Power and Duty of the Advisory body The Advisory body shall have the power and duties : 1. Submit decision proposals on short , medium and long - term information and communication tech nology development programmes and strategies based on the national Information and Com munication Technology Policy . The African Law Archive Evaluate draft proposed by the Director General and submits for decision . 3. Evaluate draft laws and directives proposed by the Director General and submits for decision for the appropriate government organ . 4. Evaluate achievements in connection with national information and communication technology de velopment . 5. May issue its own internal rules of procedure . 10. Meeting 1. The Advisory body shall have a meeting once in six months ; provided however , that it may meet at any necessary . There shall be quorum where the majority of members are present at meetings of the Advisory body . 3. Decision of the advisory body shall be passed by majority vote ; however , that the chairman shall have a casting vote in case of a tie . 4. Notwithstanding the provisions of this Article the Advisory body may design its own meeting procedures . time as may 11. Power and Duties of the Director General The Director General shall be accountable to Minis try of Capacity Building and shall act as chief executive of the Authority in directing and adminis tering the activities of the Authority . 2. Notwithstanding what is stated in Sub - Article ( 1 ) of this Article the Director General shall : ( a ) Execute the power and duty of the Authority stated under Article ( 6 ) of this Proclamation . ( b ) Hire and administer employees as per the Federal Civil Service code . ( c ) Prepares activities plan and Budget of the Authority and implements when approved . ( d ) Disburse money as per the approved budget and activity plan of the Authority . ( e ) Represent the Authority in all its dealings with a third party . ( f ) Report the activities of the Authority . ( g ) May delegate his powers and duties to one of the deputy Director General . 12. Power and Duties of the Deputy Director Generals 1. The Deputy Director Generals shall be accountable to the Director General . 2. Shall perform duties of the Authority defined direc tion by the Director General . 3. Upon delegation , Shall perform the duties of the authority in the absence of the Director General . The African Law Archive PART THREE MISCELLANEOUS PROVISIONS 13. Budget The budget sources of the Authority are : A budget to be allocated by the Federal government . A service fee that authority collects . 3. Income from Other sources . 14. Account records 1. The Authority shall keep completed and accurate account records . 2. The books of accounts and financial documents of the Authority shall be audited annually by the auditor General or by auditors designated by him . 15. Obligation of collaboration 1. Any governmental and non - governmental or ganization is obliged to abide by the directives , regulations , laws in respect to Information Com munication Tech designed under the coor dination of the authority to be applied nationwide . 2. Any governmental organization shall be obliged to notify the authority regarding basic undertakings in the course of fulfilling its duties that have to do with procedural development plans or that is already underway , meant to be supported by Information and Communication Technology . It shall be set by law as to the obligation of private organizations , non - governmental organizations and individual regarding their national of collaboration . 16. Duty to Cooperate Every person shall be obliged to cooperate for the implementation of this Proclamation . 17. Power to Issue Regulation The Council of Ministers shall issue regulation to implement this Proclamation 18. Inapplicable Laws Establishment Proclamation of Ethiopian Science and Technology Commission No. 7/1995 shall not apply to matters covered hereunder . good ive . Choppen 19. Transitory Provision The activities and responsibilities of the National Com puter and Information Center of the Ethiopian Science and Technology Commission are hereby transferred to the authority . 20. Effective Date This Proclamation shall enter into force as the 22nd day of July , 2003 . done at Addis Ababa this 22nd day of July , 2003 . PRESIDENT OF THE ETHIOPIAN DEMICRATIC REPUBLIC OF ETHIOPIA The African Law Archive