OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 9th Year No. 61 ADDIS ABABA- 27 " May , 2003 CONTENTS Proclamation No. 341/2003 Chambers of Commerce and Sectorial Association Establishment Proclamation Page 2190 PROCLAMATION NO . 341/2003 CHAMBERS OF COMMERCE AND SECTORIAL ASSOCIATION ESTABLISHMENT : . PROCLAMATION WHEREAS , it has been necessary to re - establish Cham bers of Commerce and Sectorial Association in line with the WHEREAS , it is believed that Chambers do play significant role in the promotion of trade , industry and investment . WHEREAS , it has been necessary to use Chambers of are engaged in and on economic development issues in general ; and submit their proposals or recommendations to the Government . NOW , THEREFORE , 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 “ Chambers of Commerce and Sectorial Association Establishment Proclamation No. 341/2003 . ” Unit Price The African Law Archive 2. Regional Sectorial Assocations shall have the following powers and duties : ( a ) to coordinate the activities of woreda Sectorial Associations ; ( b ) to conduct studies on problems affecting producers ; and propose solutions in consul tation with the concerned organ of the regional government ; ( c ) to organize or participate in local or foreign exhibitions upon obtaining license from the concerned organ ; ( d ) to consult each other on the possibility of enhancing their common production and marketing capacity ; and implement same ; ( e ) to settle disputes that arise between members , by way of arbitration ; when the parties so request , ( f ) to prepare production gazettes ; bulletins , reports , and disseminate technology and market information to their members , ( g ) to provide different trainings to their members ; ( h ) to create awareness among members on gover nment policies ; proclamations ; regulations and directives ; and participate at discussion forums prepared by the Government ; ( i ) to determine contributions to be made by members ; j ) to charge fees for the services it provides ; ( k ) to own property ; enter into contract ; sue and be sued in its own name ; ( 1 ) to perform such other duties as are necessary for the attainment of its objective . 3. Woreda Chamber of Sectorial Associations shall have the following powers and duties : ( a ) to conduct studies on problems affecting their members , and propose solutions in consultation with the concerned organs of the Government of the woredas ( b ) to create the possibility of enhancing the production and marketing capacity of their members ; ( c ) to organize or participate in local or foreign exhibitions upon obtaining license from the concerned organ ; ( d ) to settle disputes that arise between members ; by way of arbitration ; when the parties so request ( e ) to prepare production gazettes bulletins , reports , and disseminate technology and market information to their members ; ( f ) to provide different training to their members ; ( g ) to create awareness among members on gover nment policies , proclamations , regulations and directives ; and participate at discussion forums perpared by the Government ; ( h ) to determine contributions to be made by members ; ( i ) to charge fees for the services it provides ; ( j ) to own property ; enter into contract ; sue and be sued in its own name ; ( k ) to perform such other duties are necessary for the attainment of its objective . The African Law Archive 28. Applicable provisions Article ( 6 ) , ( 8 ) , ( 9 ) , ( 11 ) , ( 12 ) , and ( 13 ) , of this Proclamation shall as appropriate De appřidáble for : Chambers to be established at natignal , Regional and Wereda level . PART SIX 3.1 ን ፤ °° Miscellaneous 29. RegistrationbfChambers !! - 2 Pt.s of ; 2 ኖ 1. The Ethiopian Chamber of Commerce and Sectorial Associations and other Chambers to be established at Regional and City levels shall obtain certifcate of registration , after begning registered by the Ministry and by the regional concerned Bureaus respectively ; 2. The Ministry and Regional concerned ' Bureaus are empowered by this proclamation to register and issue cerfificates to Chambers ; 3. The Ministry or Regional concerned Bureaus shall issue certificates or notify the reasons for rejection in writing within 30 days acceptance of application ; l'IÙ * 4.9 . Chambers estabished at Reginal ; Wareda or City level shall submit copies of their certificates to the Ethiopian Chamber of Commerce 900 Sectorial Association . 30. Source of Income Income souręs of chambers Established at different levels are : 1. Membership contributions ; 2. service fees ; and 3. grant and subsides 31. Transitory Provisions 1. Chambers functioning before the effective date of this Proclamation shall be reorganized in line with the provisions of this Proclamation ; 2. The rights and obligations of Chambers established in accordance with Proclamation No. 148/1978 are hereby trasferred to Chambers to be reorgsnzatioed in accordance with this Proclamation ; 3. Chambers to be established after the coming into force of this Proclamation , shall have juridical personality from the date they obtain certificate in accordance with Article 29 of this Proclamation . Auditors 1. The Books of accounts and financial documents of every Chamber shall be audited annually by exter nal auditors ; 2. Copies of audit reports shall as appropriate be submitted to the Council , Board and to the office who issued certificate of registration . The African Law Archive 33. Fiscal Year The fișcal year of Chambers shall be from Hamle 1 upto 34. Power to Issue Regulations The Council of Ministrs as deemed necessary shall issue Regulation to implement this proclamation . Power to Issue Directives The Ministry shall issue dirctives which are necessary to implement this proclamațion . 36. Repealed laws 1. Chambers of Commerce Proclamation No. 148 / 1978 is hereby repealed ; 2. No other law or customary practice which is inconsistent with this " Proclamation shall have effect . 37. Effective Date Som This Proclamation shall come into force as of 27th day of May , 2003 . Done at Addis Ababa , this 27 " day of May , 2003 . PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA The African Law Archive 2. Definition context otherwise requires , in this Proclamation : 1 ) “ Ministry ” means the Ministry of Trade and Indus “ Chamber ” or “ Chambers ” means Chambers of Commerce and Sectorial Associations or Sectorial Association to be established pursuant to this Proclamation , as approriate ; 3 ) “ Region ” means any of those Regions specified under Article 47 ( 1 ) of the Constitution of the Federal Democratic Republic of Ethiopia , and includes Addis Ababa and Dire Dawą ; 4 ) * " Sectoral Association ” means an association es tablished in accordance with Article 404 the Civil Code , by producers for the purpose of perusing their common interest ; 3 ) " Business » Person " and " Commerical Activity ” shall have the meanings assigned to them under Article 2 ( 2 ) and 2 ( 3 ) of the Commercial Registration and Business Licensing Proclamation No. 67/1997 , res pectively ; 3. Objectives Chambers shall have the following objectives : i ) to provide different services to the business - com munity ; 2 ) to safeguard the overall rights and benefits of their members ; 3 ) to promote and publicize products and services of the country ; 4 ) to enhance trade and investment of the country ; .. 5 ) to serve as a bridge between the business community and the Government ; PART TWO The Ethiopian Chambers of Commerce and Sectorial Association 4. Establishment The Ethiopian Chamber of Commerce and Sectorial Association having its own juridical personality and its 7. head office in Addis Ababa , is hereby , established . 5. Powers and Duties The Ethiopian Chamber of Commerce and Sectorial Association shall have the following powers and duties : T ) • to encourage the establishment of Chambers at different levels and provide necessary supports after being established ; 2 ) to find local and foreign makets for products and services : " 3 ) i to participate with the concerned organs , in iden " tifying export produts , improving their quality and quantity and in finding solution to problems per taining to trade activities ; 4 ) to establish relations with foreign chambers in order to exchange information and share experience ; 5 ) to organize or participate in local or foreign trade exhibitions upon obtaining licens from the concer 6 ) to settle disputes arising out of business transactions between members , by way of arbitration ; when the parties so request ; 7 ) to issue product certificate of country of origin upon delegation by the Government ; to prepare commercial gazettes , bulletins , reports , compile statistical information and provide different trainings ; MANCE The African Law Archive 9 ) to make members aware of business related govern ment policies , proclamations , regulations and direc tives ; and participate at discussion forum prepared by the Government ; 10 ) to determine the contribution to made by members ; 11 ) to charge fees for the services it provides ; 12 ) to own property , enter into contract , sue and be sued in its own name ; 13 ) to perform such other duties deemed necessary for the attainment of its purposes . Organization The Ethiopian Chamber of Commerce and Sectorial Associations shall have : 1 ) a Council ; a Board of Management / hereinafter the “ Board ” ' / a President , a Vice - president , a Secretary , and ; the neccessary staff 7. Members 1 ) Without prejudice to the Directive to be issued by the Ministry pursuant to Article 24 ( 2 ) of this Proclamation , the Ethiopian Chamber of Commerce and Sectorial Associations shall have the following members . ( a ) Representatives of Regional Chambers of Com merce and Sectorial Associations . ( b ) Representatives of the Chamber of the National Sectorial Associations . ( c ) Representatives of City Chambers of Com merce and Sectorial Associations . 2 ) Members shall establish the Council . 3 ) Number of representatives in the Chamber shall be determined by the Council . 4 ) Chambers of Commerce and Sectorial Associations established in Addis Ababa and Dire Dawa shall become members of the Ethiopian Chmber of Commerce and Sectorial Associations . 5 ) Where there are more than one Chmbers of Com merce and Sectorial Associations in aregion , these Chmbers , shall be represented in the Ethiopian Chamber of Commerce and Sectorial Associations only through the regional Chmber of Commerce and Sectorial Associations . 6 ) Vote appointment in the Ethiopian Chamber of Commerce and Sectorial Association shall be deter mined by the Council on the basis of number of members as stated below . ( a ) Number of members of City Chambers of Commerce and Sectorial Associations that have estbalished their regional Chmber of Commerce and Sectorial Associations ; ( b ) Number of members that have established their city Chmber of Commerce and Sectorial Associations ; ( c ) Number of members of Chambers of Regional Sectorial Associations that have established their National Chamber of Sectorial As sociations ; Charrpersan from omang its mumers ; and those alected shall be the president and the vice president of the Chamber The African Law Archive Powers and Duties 1 ) The Council shall have the following powers and duties : ( a ) to approve annual budget and work program of the Chamber ; ( b ) to elect Board members of the Chamber ; ( c ) to assign an Auditor for the audit of the books of accounts and financial documents of the Cham ( d ) to examine and approve reports submitted to it from the secretary and the Auditor ; ( e ) to approve internal regulations of the Chamber , and give decisions on other matters concerning the Chamber ; 2 ) The Council may delegate its powers and duties to the Board , the President , the Vice President or the Secretary as appropriate . 9. Meetings 1 ) The Council shall have a regular meetings once a year ; it may , however , convene extraordinary meetings as deemed necessary ; 2 ) There shall be a quorum where more than half of the members of the Council are present ; 3 ) The Council shall decide by a majority vote ; provided , however , the chairperson shall have a casting vote in case of a tie 10. Members of the Board 1 ) The Council shall elect the president and his deputy and Board members not exceeding 11 from among its members ; 2 ) The president shall be the Chairperson of the Board ; 3 ) The term of office of the Board members shall be two years ; 4 ) The Board may prescribe its own rules of procedure . 11. Powers and Duties The Board shall have the following powers and duties : 1 ) to ensure the implementation of the decisions of the Council ; 2 ) to employ and dismiss the Secretary of the Chamber ; 3 ) to decide on the employment and dismissal of the heads of departments and services of the Chamber , submitted to it by the Secretary ; 4 ) to call through the president extraordinary meetings of the Council as it deemes necessary or when one third of the members of the council demand ; 5 ) to submit annual budget and work program of the Chamber to the Council ; 6 ) to decide on matters submitted to it by the Secretary ; 7 ) to establish Different commitees to assist the Board in carrying out its duties ; 8 ) to perform such other duties as are necessary for the attainment of its purposes . Powers and Duties of the President and the Vice President 1 ) The President shall : ( a ) be the Chairperson of the meetings of the Council and the Board ; ( b ) call extraordinary and regular meetings of the council . 2 ) The Vice - President shall assume the powers and duties of the president during the latter's absence ; 3 ) The term of office of the President shall be two years . The African Law Archive Powers and Duties of the Secretary 1 ) The Secretary shall be accountable to the Board , and as such shall , subject to the directives of the Board , direct , supervise and administer the Chamber ; 2 ) Without limiting the generality provided under Sub Article ( 1 ) of this Article , the Secretary shall : ( a ) exercise the powers and discharge the duties of the Chamber in accordance with the directives given to him by the Board ; ( b ) organize the office of the chamber , employ , administer , and dismiss personnel and fix their salaries and allowances , in accordance with directives given to him by the Board ; ( c ) submit to the Board candidates for heads of departments and services ; ( d ) examine and decide on applications for mem bership in accordance with directives given to him by the Board ; ( e ) ensure that the revenue of the Chamber is collected ; ( f ) assist and coordinate activities of different committees established by the Board ; ( g ) operate the bank account of the Chamber in accordance with the directives issued by the Board ; ( h ) prepare and submit to the Board , annual budget and work program of the chamber , three months before the beginning of each fiscal year ; and implement same upon approval ; ( i ) prepare and submit to the Board reports on the financial standing and performance of the Chamber , within three months after the clossure of the fiscal year ; ( j ) perform such other duties deemed necessary for the attainment of the purpose of the Chamber . PART THREE Regional Chambers of Commerce and Sectorial Associations 14. Establishment 1 ) City Chambers of Commerce and Sectorial As sociations established in any Region and Regional or Woreda Sectorial Associations of the same region may establish their Regional Chambers of Com merce and Sectorial Associations . 2 ) The head office of each Chamber established in accordance with Sub - Article ( 1 ) of this Article shall be the capital city of the region . 3 ) Chambers to be established in accordance with Sub Article ( 1 ) of this Article shall have their own juridical personality . Powers and Duties Regional Chambers of Commerce and Sectorial As sociations shall have the following powers and duties : 1 ) to coordinate the activities of City Chambers of Commerce and Sectorial Associations and woreda Sectorial Associations ; 2 ) to find local and foreign markets for products and services ; The African Law Archive 3 ) to settle disputes arising out of business transactions between members by way of arbitration , when the parties so request ; 4 ) to provide support and assistance for cities where Chambers are not established ; 5 ) to create awareness among members of the business community of the Region the policies , Proclamations , Regulations and directives to be issued by Federal as well as Regional Government ; and to participate at discussion forums prepared by the Gover nment ; 6 ) to determine the contributions to be made by Chambers ; 7 ) to prepare commercial gazettes , bulletins and reports ; compile the statistical informations of the foreign and provide different trainings ; 8 ) to conduct studies on problems pertaining to trade activities , and propose solutions in consultation with the concerned Regional organs and the Ethiopian Chamber of Commerce and Sectorial Associations ; 9 ) to establish relations with local as well as foreign Chambers inorder to exchange information and share experience ; 10 ) to organize or participate in local or foreign trade exhibitions upon obtaining license from the concerned organ ; 11 ) to issue certificate of country of origin upon delegation by the government ; 12 ) to charge fees for the services it provides ; 13 ) to own property , enter into contract , sue and be sued in its own name ; attainment of its purposes . 16. Members 1 ) Without prejudice to the directives to be issued by the Ministry pursuant to Article 24 ( 2 ) of this Proclamation , regional Chambers of Commerce and Sectorial Associations shall have the following members : ( a ) Representatives of City Chambers of Com merce and Sectorial Associations ; ( b ) Representatives of Regional Sectorial As sociations ; and ( c ) Representatives of Woreda Sectorial As sociations . 2 ) Members shall establish the Council ; 3 ) Number of representatives in the Chamber shall be determined by the Council ; 4 ) Vote appointment of the Council members in the regional Chamber of Commerce and Sectorial Associations shall be determined by the Council on the basis of numbers as stated below ; ( a ) Number of members that have established the City Chamber of Commerce and Sectorial Associations ; ( b ) Number of members of the Woreda Sectorial Associations that have established the regional Sectorial Associations ; ( c ) Number of members of that have established the Woreda Sectorial Associations . 5 ) The Council shall elect the Chairperson from among its members ; and those elected shall be the president and the Vice President of the Chamber . The African Law Archive 17. Applicable Provisions Article ( 6 ) , ( 8 ) , ( 9 ) , ( 10 ) , ( 11 ) , ( 12 ) , ( 13 ) of this Proclamation shall as appropriate be applicable for Regional Chambers of Commerce and Sectorial As sociations . PART FOUR City Chambers of Commerce and 18. Establishment 1 ) City Chambers of Commerce and Sectorial As sociations may be established in the cities of the regions or Administrations ; 2 ) In one city there shall be one City Chamber of Commerce and Sectorial Associations only ; 3 ) Chambers to be established in accordance with Sub Article ( 1 ) of this Article , shall have their own juridical personality ; 4 ) City Chambers may establish branch offices in the same city deemed necessary . City Chambers of Commerce and Sectorial As sociations shall have the following powers and duties : 1 ) to find local and foreign markets for products and services ; 2 ) to participate with the concerned organs , in respect of identifying export products , improving their quality and quantity and in finding solutions for problems pertaining to trade activities ; 3 ) to settle disputes arising out of business transac tions ;, between members , by way of arbitration , when the parties so request ; 4 ) to determine contribution to be made by mem bers ; 5 ) to charge fees for the services it provides ; 6 ) to establish relations with local Chambers in order to exchange information and share experiences ; 7 ) to organize or participate in local or foreign trade exhibitions upon obtaining license from the con cerned organ ; 8 ) to issue certificate of country of origin upon delegation from the Government ; 9 ) to prepare commercial gazettes , bulletins and reports ; and compile statistical information and provide different trainings ; 10 ) to members policies , proclamations , Regulations and directives of the Government and participate at discussion forums prepared by the Government ; 11 ) to own property , enter into contract , sue and be sued in its own name ; 12 ) to perform such other duties deemed necessary for the attainment of its purposes . aware The African Law Archive 20. Members 1 ) Those traders having business license and per manent working place in the city ; and Sectorial Associations to be mentioned in the directive to be issued by the Ministry pursuant to Article 24 ( 2 ) of this Procalamation may be members o fthe City Chamber of commerce and Sectorial Associations ; 2 ) Membership shall be voluntary ; 3 ) Members of City Chambers of Commerce and Sectorial Associations shall establish the Council ; 4 ) Traders residing in cities where Chambers are not established may be members in the neighbouring Chambers , until they establish their own . 5 ) Those producers who are members of Woreda Sectional Associations may also be members in City Chambers of Commerce and Sectorial Associations ; 6 ) Each member shall have equal vote in the meeting of the Council ; 7 ) Vote apportionment of Woreda Sectorial As sociations in the City Chambers of Commerce and Sectorial Associations shall be equal to the number of their members . 21. Members of the Board 1 ) The Council shall elect the president and his deputy and Board members not exceeding 11 from among its members ; 2 ) The president shall be the Chairperson of the meetings of the meetings of the Board . 3 ) The term of office of the Board members shall be two years ; 4 ) The Board may prescribe its own rules of procedure . 22. Applicable Provisions Article ( 6 ) , ( 8 ) , ( 9 ) , ( 11 ) , ( 12 ) and ( 13 ) of this Proclamation shall as appropriate be applicable to City Chambers of Commerce and Sectorial Associations . PART FIVE Chambers of Sectorial Associations 23. Foundation Sectorial Associations shall be founded by owners of firms envolved in different sectors of production 1 ) Sectorial Associations may establish their Cham bers at Woreda or Regional or national levels ; ( a ) Sectorial Associations established by owners of different production firms shall organize their respecctive Woreda Chamber of Sectorial Associations , ( b ) Chamber of Sectorial Associations established at different woredas , shall organize their res pective Regional Chamber of Sectorial as sociations ; ( c ) Regional Chambers of Sectocrial Assoiations shall organize the National Chamber of Sec torial Associations . 2 ) The Ministry shall determine by directive ; ( a ) Sectorial Associations to be established from the very beginning at Woreda level or at regional level or at National level . ( b ) Sectorial Associations to be represented in the Chambers of Commerce and Social As sociations , and ( c ) The criteria to be fulfilled by Sectorial As sociations in order to be represented in Cham bers of Commerce and Sectorial Associations . The African Law Archive 25. Objective Sectorial Associations to be established at different levels shall have the following objectives : 1 ) to create conducive environment for producers to be organized and strengthened ; 2 ) to encourage urban and rural producers of han dicrafts ; 3 ) to provide necessary support to up grade the quality of products ; 4 ) to disseminate and compile information on products ; 5 ) to encourage the participation of members in the economy by coordinating their knowledge , wealth and labour ; 6 ) to create conducive environment for members to safeguard their common interest ; 7 ) to create conducive environment for Sectorial As sociations to conduct discussions with the Govern ment on different issues . 8 ) to creat Conducive enviroment for See torial As sociations to conduct discuss with the Government on different issues 1 ) Woreda , Regional and National Sectorial As sociations established in accordance with Article 23 and 24 of this Porclamation shall have their juridical personality pursuant to this proclamation ; 2 ) The head office of Woreda and Regional Secctorial Associations shall be the capital city of that Woreda or Region . The head office of the National Sectorial Associations shall be Addis Ababa , 27. Powers and Duties 1 ) National Sectorial Associations shall have the following powers and duties : ( a ) to coordinate the activities of regional Sectorial Associations , ( b ) to conduct studies on problems affecting producers and propose solutions in consul titution with the concerned organ of the Federal Government . ( c ) to organize or participate in local or foreign exhibitions upon obtaining license from the concerned organ , ( d ) to consult each other on the possibility of enhancing their common production and marketing capacity and implement same ; ( e ) to settele disputes that arise between members , by way of arbitration , when the parties so request ; ( f ) to prepare production gazettes , bulletins , reports ; and disseminating technology and market information to their members ; ( g ) to provide different training to their members ; ( h ) to create awareness among members on gover nment policies ; proclamations ; regulations and directives ; and participate at discussion forums prepared by the government ; ( i ) to determine contributions to be made by members ; ( j ) to charge fees for the services it provides ; ( k ) to own prperty ; enter into contract . Sue and be sued in its own name ; ( 1 ) to perform such other duties deemed necessary for the attainment of its objective . 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