Case Guides

1、 Related legislation;

Ethiopia signed the United Nations Convention against Corruption on December 10, 2003 and ratified it on November 26, 2007, while reserving Article 44 of the Convention. In Ethiopia, courts handle cases independently and the judiciary is independent, with little external influence on case handling.

Article 9 (4) of Ethiopia's highest law, the Constitution (1994), stipulates that; ldquo; The international agreements ratified by Ethiopia are an indispensable part of its domestic laws. & rdquo; Although the main source of law is written law (primarily the Constitution and various announcements, regulations, and directives), case law (decisions of the Supreme Court of Appeals) and customary law (primarily in rural areas) can also serve as sources of law.

Ethiopia's; Anti corruption legislative framework; Including:;

Criminal Law, Criminal Procedure Law, Civil Law, Civil Procedure Law, Corruption Crime Announcement No. 881/2015, and Revised Anti Corruption Special Procedures and Evidence Rules (Amendment) Announcement No. 882/2015 (Evidence Announcement); rdquo; ）Announcement No. 883/2015 on the Establishment (Amendment) of the Federal Ethics and Anti Corruption Commission, Announcement No. 780/2013 on the Prevention and Suppression of Money Laundering and the Financing of Terrorism (Anti Money Laundering Announcement); rdquo; ）Announcement No. 699/2010 on the Protection of Criminal Witnesses and Whistleblowers, Announcement No. 668/2010 on Asset Disclosure and Registration, Announcement No. 515/2005 on Disciplinary Measures and Complaints Procedure for Civil Servants, and Announcement No. 395/2004 on Amnesty Procedure.

The Ethiopian government adopts a federal system. At the federal level, a Federal Ethics and Anti Corruption Commission is established, and each of the nine states has its own fully empowered Ethics and Anti Corruption Commission.

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2、 Regulation and Punishment;

（1） ; Law enforcement agencies;

According to the Ethiopian Constitution, the country implements judicial independence. Judicial power is exercised by both federal and state courts, with the Federal Supreme Court exercising the highest judicial power of the Federation. Government agencies and officials at all levels are not allowed to interfere in judicial affairs. Judges exercise judicial power completely independently according to the law.

At the federal level, there is a Federal Ethics and Anti Corruption Commission (FEACC) responsible to the Office of the Prime Minister; Responsible for preventing corruption, providing moral training and education on preventing corruption; Supervise the behavior of various federal government departments and crack down severely on all kinds of illegal and irregular behaviors, including judicial corruption. Sections 42 (1) (d) and 42 (3) of the Criminal Procedure Code grant the Commissioner of the Federal Ethics and Anti Corruption Commission certain discretionary powers in handling corruption cases, allowing them to refrain from prosecution in the public interest. According to the Federal Ethics and Anti Corruption Commission Announcement, the commissioner of the Federal Ethics and Anti Corruption Commission has the authority to withdraw corruption investigations and charges, as well as pending corruption cases in court, in accordance with the law (Article 2 (9), 2 (14)).

The Federal Police Commission is responsible for investigating corruption crimes, while the Attorney General of the United States is responsible for prosecuting corruption. The task of federal police is to investigate public officials and; ldquo; Public organizations and; rdquo; Corruption crimes. The latter is defined as any institution in the private sector that manages funds, property, or any other resources for public purposes. Such as joint-stock companies, real estate institutions, banks, insurance companies, cooperatives, trade unions, professional associations, etc.

To recover stolen assets and combat corruption, the Office of the Prosecutor General has established a new and integrated anti-corruption bureau. The bureau has been granted the authority to enter into mutual legal assistance treaties or engage in other forms of cooperation with foreign countries to jointly combat corruption.

（2） ; Bribery; Definition of;

The Ethiopian Criminal Code provides for three types of bribery, including< strong> Instigating corrupt behavior and giving valuable things without consideration or insufficient consideration; The situation and; Act as an intermediary; The bribery situation.

Article 427 stipulates Soliciting of Corrupt Practices: Any act of giving or providing benefits or gifts to a civil servant for the purpose of inducing them to act or refrain from acting in violation of their duties, or to an official or employee of an international organization for the purpose of inducing them to act or refrain from acting in violation of their duties in international trade, shall be deemed as soliciting corrupt practices. This article also specifically stipulates the responsibilities of legal persons.

Article 428 stipulates the circumstances in which valuable items are given or agreed to be given to civil servants without consideration or insufficient consideration, and negligent bribery may also be considered a crime.

Article 429 stipulates the situation of acting as an intermediary to bribe, and the act of transferring money, gifts, or lending one's bank account as an intermediary to bribe is considered a crime.

（3） ; Legal consequences;

Personal;

According to Article 427 of the Ethiopian Criminal Code, anyone who gives or provides gifts or benefits to civil servants or officials of international organizations to induce them to act or refrain from acting in violation of their duties shall be sentenced to imprisonment for not more than 7 years and a fine of 15000 birr. For serious cases, imprisonment for 5-15 years and a fine of 50000 birr shall be imposed.

According to Article 428 of the Ethiopian Criminal Code, those who give or agree to give valuable items to civil servants without consideration or insufficient consideration shall be sentenced to imprisonment for not more than 5 years.

According to Article 429 of the Ethiopian Criminal Code, acting as an intermediary to bribe (including lending bank accounts) is punishable by imprisonment for up to 10 years and a fine.

Article 702 of the Ethiopian Criminal Code stipulates that; ldquo; Improper management of personal interests; rdquo; Crime. According to this clause, any person who is legally or contractually obligated to monitor or manage the property rights of others and intentionally damages the property interests of the enterprise they monitor or work for, abuses their power or neglects their duties, shall be punished with imprisonment or a fine. The crime is to seek property benefits for oneself or others, and shall be sentenced to imprisonment for not more than one year and a fine of not more than 30000 birr.

Legal entity;

According to Article 90, Paragraph 3 of the Ethiopian Criminal Code, those who commit simple imprisonment for less than 5 years shall be fined up to 10000 birr; For crimes involving strict imprisonment for less than 5 years, a fine of up to 20000 birr shall be imposed; For crimes involving strict imprisonment for 5-10 years, a fine of up to 50000 birr shall be imposed; For those who are imprisoned for more than 10 years, the fine can be up to 5 times the maximum fine mentioned above.

According to the Federal Public Procurement Directive issued by the Ministry of Finance and Economic Development, companies have committed acts of corruption; mdash; & mdash; If any monitoring value is given to employees engaged in public procurement work in the form of bribery or inducement, the company will be suspended from participating in public procurement as a supplier for at least 2 years or indefinitely.

Article 406 of the Ethiopian Criminal Code provides for immunity from prosecution for corruption crimes. Anyone who participates in corruption crimes and provides important information about the crime committed and the role of its participants before transferring the case to the court may be exempted from prosecution by the competent authority in accordance with the Criminal Code.

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3、 Corporate compliance recommendations;

(1) Conduct a comprehensive anti-corruption risk assessment and inspect various institutions of the company. Expose weaknesses that may lead to corruption risks and compliance issues, and develop compliance plans.

(2) When setting up anti fraud and anti-corruption risk management processes, investigate any new mergers, acquisitions, and partnerships, regularly plan audits, and implement anonymous reporting systems.

(3) Built in review process, improving and standardizing internal review institutions to ensure their integrity and honesty.

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Reference citation:;

Introduction to Anti Bribery Laws and Regulations in Ethiopia;

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