Friday, March 6, 2020

Proclamation No.1132-2019 Prevention and Suppression of the Financing of the Proliferation of Weapons of Mass Destruction


Proclamation No.1132-2019 Prevention and Suppression of the Financing of the Proliferation of Weapons of Mass Destruction Proclamation
WHEREAS, the Proliferation of Weapons of Mass Destruction and its Financing have become a global security problem, making it necessary for all states to collaborate in global initiatives to prevent, suppress and disrupt it;

WHEREAS, Ethiopia has ratified the Conventions and Treaty on the Prohibition of the Development, Production, Use of Weapons of Mass Destruction and their Proliferation;
WHEREAS, it is necessary to prevent and tackle all activities in support of the proliferation of weapons of mass destruction that might take place in or through Ethiopia;
WHEREAS, it is agreed that each state party must adopt the necessary measures to implement its obligations under the conventions and treaty, and to this effect the issuance of a national law has become necessary;
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 GENEAL PROVISIONS
1. Short Title
This proclamation may be cited as “Prevention and Suppression of the Financing of the Proliferation of Weapons of Mass Destruction Proclamation No.1132/2019”.
2. Definition
In this Proclamation unless the context otherwise requires:
1/ “Weapons of Mass Destruction” means nuclear, biological, or chemical weapons that are capable of a high order of destruction and/or of being used in such a manner as to kill, harm, infect or destroy large numbers of people or animals or to cause significant environmental or infrastructural damage as are defined in the nuclear, biological, or chemical weapons law that Ethiopia approved as well as their delivery system
2/ “delivery system” means any combination of instruments that is capable of delivering Weapons of Mass Destruction such as a rocket, a ballistic missile system, a sounding rocket or unmanned air vehicle, cruise missile, and any other things.
3/ “Weapons” of Mass Destruction program” means a plan or a program for proliferation of weapons of mass destruction
 4/ “Proliferation” means the manufacture, acquisition, possession, development, export, shipment, brokering, transport, transfer, stockpiling or use of weapons of mass destruction in contravention of national laws and international agreements ratified by Ethiopia.
5/ “Financial support” means the act of providing funds, any resource or financial services to an individual, an entity or a state with the intention or having the effect of directly or indirectly aiding the proliferation of weapons of mass destruction
6/ “Financial institution” means a bank, an insurance company, a micro finance institution, postal savings, money transfer institution, foreign exchange bureaus or any other institution designated as Financial institution by the National Bank pursuant to the relevant legal framework;
7/ “Designated non-financial businesses and professions” include:
a) Real estate agents and brokers;
b) Dealers in precious metals or precious stones;
c) Lawyers, notaries and other independent legal professionals when they prepare for, carry out or engage in transactions for
their clients concerning:
(1) buying and selling of real estate;
(2) managing of client’s money, securities and other assets;
(3) management of bank, savings or securities accounts;
(4) organization of contributions for the creation, operation or management of companies; or
(5) creation, operation or management of legal persons and buying and selling
of business entities;
d) Independent accountants including sole practitioners, partners or professionals
within the professional firms;
e) Transportation service providers;
f) Research and technology institutions;
g) Manufacturers;
h) Brokers; and
i) Others businesses and professions that may
designate by the Centre.
8/ “Centre” means the Financial Intelligence
Centre established by the Council of Ministers Regulation No 171/2009.
9) ‘Person’ means a natural person or a juridical
person.
0) Any expression in the masculine gender
3. Scope of Application
1/ This Proclamation applies to activities done to protect the financial support of the
proliferation of weapons of mass destruction.
2/ This proclamation doesn’t apply to activities made for the purpose of civil use and /or delivery of nuclear, chemical and biological substances
3/ Nothing in Sub-article (2) of this Article shall be construed to preclude the government from taking the necessary measures to implement obligation against proliferation of weapons of mass destruction financial support.

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