Ethiopian Federal Laws

COUNCIL OF MINISTERS REGULATION TO PROVIDE FOR THE ESTABLISHMENT OF THE FEDERAL AUTHENTICATION AND REGISTRATION OF DOCUMENTS AGENCY

This Regulation is issued by the Council of Ministers pursuant to Articles 5 and 39 of the Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 916/2015 and Article 4 of the Authentication and Registration of Documents’ Proclamation No. 922/2015.

1. Short Title

This Regulation may be cited as the “Federal Authentication and Registration of Documents Agency Establishment Council of Ministers Regulation No. 379/2016”.

2. Definitions

In this Regulation, unless the context otherwise requires:

1. “Proclamation” means the Authentication and Registration of Documents’ Proclamation No. 922/2015;
2. Definitions provided for under Article 2 of the Proclamation shall be applicable;
3. “Ministry” means the Ministry of Justice;
4. Any expressions in the masculine gender include the feminine.

3. Establishment

1. The Federal Authentication and Registration of Documents Agency (hereinafter the “Agency”) is hereby established as an autonomous federal government office 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 branch offices in Addis Ababa and Dire Dawa cities as may be necessary.

5. Objectives

The Agency shall have the objectives to:

1. Provide services of document authentication and registration at Federal level and in Addis Ababa and Dire Dawa cities; and
2. Coordinate and support activities of document authentication and registration at national level and centrally organize, facilitate and keep authenticated and registered documents.

6. Powers and Duties

The Agency shall have the powers and duties to:

1. Execute provisions specified in the Proclamation with respect to document authentication and registration as well as suspend improperly authenticated and registered documents;
2. Provide professional, technical and other similar assistance for regional document authentication and registration institutions as well as prepare forums of training, discussion and experience sharing;
3. Work in close collaboration with other federal government organs vested with the powers and duties to authenticate and register documents in accordance with Article 6 of the Proclamation and with regional institutions empowered to authenticate and register documents;
4. Organize national central database for authenticated and registered documents and network with other institutions;
5. Draw up model documents for contracts and agreements specified under Article 8 of the Proclamation and others, as may be necessary; prepare and disseminate selected model formats for relevant documents authentication and registration institutions which may help for the establishment of a uniform documents authentication and registration system nationwide;
6. Prepare and forward policy ideas to the relevant organ which may enable it to attain the objectives and implement the same upon approval;
7. Prepare and submit internal regulations and directives to the Ministry and implement same upon approval;
8. Gather, analyze and disseminate information related to its powers and duties;
9. Work in collaboration with the relevant federal and regional state organs;
10. Own property, enter into contracts, sue and be sued in its own name;
11. Perform such other activities as are conducive to the attainment of its objectives.

7. Organization of the Agency

The Agency shall have:

1. A Director General and, as may be necessary, Deputy Director Generals to be appointed by the Government; and
2. The necessary staff.

8. Powers 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 limiting the generality of sub-article (1) 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 law;
   3. Prepare and submit to the Ministry work program and budget of the Agency and implement same upon approval;
   4. Effect expenditure in accordance with the approved budget and work program of the Agency;
   5. Prepare and submit to the Ministry performance and financial reports of the Agency;
   6. Represent the Agency in all its dealings with third parties;
   7. Carry out other related activities that may be assigned to him by the Ministry.
3. The Director General may delegate part of his powers and duties to other officials and employees of the Agency to the extent necessary for the efficient performance of the activities of the Agency.

9. Powers and Duties of the Deputy Director General

1. Assist the Director General in executing the objectives of the Agency specified in this Regulation, in implementing powers and duties of the Agency, planning, organizing and coordinating the activities of the Agency;
2. Follow up the activities of the sectors they lead pursuant to the organizational structure of the Agency;
3. In the absence of the Director General, the Deputy Director General having priority in appointment shall act on his behalf;
4. Carry out such other activities as may be specifically entrusted to him by the Director General.

10. Budget

The Agency’s budget shall be allocated by the Government.

11. 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 auditors assigned by him.

12. Transfer of Rights and Obligations

The powers, rights and duties of the notary offices established in Addis Ababa and Dire Dawa cities under the directions of the ministry, under Authentication and Registration of Documents (Amendment) Proclamation No. 467/2005, are hereby transferred to the Agency.

13. Effective Date

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

Done at Addis Ababa, this 24th day of March, 2016

HAILEMARIAM DESSALEGN
PRIME MINISTER OF THE FEDERAL
DEMOCRATIC REPUBLIC OF ETHIOPIA