Ethiopian Federal Laws

COUNCIL OF MINISTERS REGULATION TO ESTABLISH THE ETHIOPIAN AGRICULTURAL INVESTMENT AND ADMINISTRATION AGENCY

This Regulation is issued by the Council of Ministers pursuant to Article 5 and Article 34 of the Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No.691/2010.

1. Short Title

This Regulation may be cited as the "Ethiopian Agricultural Investment Land Administration Agency Establishment Council of Ministers Regulation No.283/ 2013".

2. Definitions

1. "agricultural investment" means a capital outlay by an investor to establish a new large scale agricultural investment or expand or upgrade an existing agricultural investment;
2. "agricultural investment land" means a stretched and adjacent agricultural investment land above 5,000 hectare or less but deemed feasible and administered by the federal government on the basis of power of delegation obtained from regional states;
3. "land administration" means an act of identification of agricultural investment lands on the basis of study and demarcating, entrusting, transferring, supervising and controlling same;
4. "investor" shall have the meaning assigned to it under the appropriate investment law;
5. "agricultural investment code of conduct" includes those national and international applicable requirements to ensure that agricultural investment activities are carried on in a friendly manner with environment, safety of the local community and sustainable use of natural resources. and that the products are suitable to human health;
6. "agricultural economy zone" means a land furnished with infrastructures necessary to create conducive atmosphere for investors;
7. "regional state" means any state referred to under Article 47(1) of the Constitution of the Federal Democratic Republic of Ethiopia;
8. "Ministry" means the Ministry of Agriculture;
9. any expression in the masculine gender includes the feminine.

3. Establishment

1. The Ethiopian Agricultural Investment Land Administration Agency (hereinafter the "Agency") is hereby established as an autonomous federal government agency having its own legal personality.
2. The Agency shall be accountable to the Ministry.

4. Head Office

The Agency shall have its head office in Addis Ababa and may have branch offices elsewhere, as may be necessary.

5. Objectives

1. administer agricultural investment lands entrusted to the federal government on the basis of power of delegation obtained from regional states;
2. enhance, facilitate and support expansion of agricultural investment and sustainable growth of production and productivity;
3. create favourable conditions for production of agricultural investment products in sufficient quantity for export and local markets that meet the requirements of agricultural investment code of conduct; and
4. organize and administer agricultural economy zone.

6. Powers and Duties

1. in cooperation with regional states. identify and survey agricultural investment lands; make sure such land . is free from farmers and pastoralists possession and not required by the regional state for any other specific purpose; develop land bank system and collect data on agro-ecology, soil topography, geography and socio-economy;
2. take possession of the agricultural investment lands identified pursuant to sub-article (I) of this Article on the basis of power of delegation obtained from the regional states, demarcate borders and prepare site plans for the lands;
3. prepare agricultural products suitability document of the agricultural investment lands; introduce the crop suitability document to investors in cooperation with regional states, the Ethiopian Investment Agency and the Ministry of Foreign Affairs;
4. enter into contracts with investors and transfer the agricultural investment lands, issue site plans of the lands to the investors; monitor and provide advice and technical support on land use system and take corrective measures when deemed necessary;
5. monitor and ensure that investors to whom agricultural investment lands have been transferred are implementing the business plans they have submitted;
6. collect data on lands transferred to investors and lands under investment and create agricultural investment land information system easily accessible to beneficiaries;
7. study, organize and administer agricultural economy zone to strengthen agricultural investment;
8. facilitate the efficient supply of inputs necessary for agricultural investment in cooperation with other stakeholders; ensure that investment incentives granted are used for their intended purposes; conduct studies on granting additional incentives to strengthen the sector and follow up the implementation of same upon approval by the government;
9. provide capacity building support so as to increase agricultural investment production and productivity and enhance supply of quality products to market; promote agricultural investment code of conduct, monitor its implementation, provide support and facilitate the necessary conditions for recognition;
10. encourage and provide comprehensive support for agricultural products that can be used as an industrial inputs and create job opportunities;
11. study local and international best practice in relation to agricultural investment; prepare and promote implementation manuals; encourage experience sharing and support implementation;
12. own property, enter into contract, sue and be sued in its own name;
13. carry out other related activities necessary for the attainment of its objectives.

7. Organization of the Agency

1. a Director General and, as may be necessary, a Deputy Director. General to be appointed by the government; and
2. the necessary staff.

8. Power and Duties of the Director General

1. The Director General shall be the chief executive officer of the Agency and shall direct and administer the activities of the Agency.
2. Without prejudice to the generality of sub-article (I) of this Article, the Director General shall:
   1. exercise the powers and duties of the Agency specified under Article 6 of this Regulation;
   2. employ and administer employees of the Agency in accordance with the federal civil service laws;
   3. prepare the work program and budget of the Agency and submit to the Ministry, implement same upon approval by the government;
   4. effect payments in accordance with the approved work program and budget of the Agency.
   5. represent the Agency in all its dealings with third parties;
   6. prepare and submit to the Ministry the performance and financial reports of the Agency.
3. The Director General may delegate part of his powers and duties to other officers and employees of the Agency to the extent necessary for the efficient performance of the activities of the Agency.

9. Budget

The Agency's budget shall be allocated by the government.

10. Books of Accounts

1. The Agency shall keep complete and accurate books of accounts.
2. The books of accounts and financial documents of the Agency shall be audited annually by the Auditor General or by other auditors assigned by him.

11. Effective Date

This Regulation shall come into force on the date of publication in the Federal Negarit Gazette.

Done at Addis Ababa, this 4th day of March, 2013.
HAILEMARIAM DESSALEGN
PRIME MINISTER OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA