PART TEN
Miscellaneous Provisions
35. Allocation of Land
1) Where a Regional Government receives an application for the
allocation of land for an approved investment, it shall, on the basis
of the Federal and its own laws, deliver within 60 days, the
required land to the investor.
2) The Region shall allocate land for investment activities and
transmit information on such allocations to the appropriate
investment organ.
3) Each Region shall, in the allocation of land, give priority to
approved investments.
4) The appropriate investment organ shall, in cooperation with the
concerned regional executive organs, facilitate and follow up the
allocation of land for approved investments.
36. Employment of Expatriates
1) Any investor may employ duly qualified expatriate experts
required for the operation of his business.
2) An investor who employs expatriates pursuant to Sub Article (1) of
this Article, shall be responsible for replacing, within a limited
period, such expatriate personnel by Ethiopians by arranging the
necessary training thereof.
3) Notwithstanding the provisions of Sub-Articles (1) and (2) of this
Article, a foreign investor upon obtaining the prior consent of the
Authority shall, without any restriction, have the right to recruit
expatriate employees on top management positions of an enterprise
of which he is the sole or major owner or shareholder.
37. Foreign Nationals Taken for Domestic Investors
1) Rights and privileges as well as restrictions solely relating to
foreign investors shall not be applicable to a foreign national who
invests in Ethiopia being taken for a domestic investor.
2) A foreign national, excluding an Ethiopian by birth taken for a
domestic investor shall declare same by filling in a form designed
for such purpose by the Authority, and submit it together with his
application for investment permit.
38. Ownership of Immovable Property
1) Notwithstanding the provisions of Articles 390-393 of the Civil Code,
a foreign national taken for a domestic investor or a foreign investor
shall have the right to own a dwelling house and other immovable property
requisite for his investment.
2) The provisions of Sub-Article (1) of this Article shall include those
who have invested prior to the issuance of this Proclamation.
39. Duty to Provide Information
Any executive organ of the Federal or a Regional Government shall
have the duty to provide information relating to investment whenever
so requested by appropriate investment organ.
40. Repealed Laws
1) The Investment Proclamation No.37/1996 (as amended) is hereby repealed.
2) No law, regulation, directive or practice inconsistent with this Proclamation
shall have effect with respect to matters provided for in this Proclamation.
41. Transitory Provisions
1) Notwithstanding the provisions of Article 40, incentives provided for
in the Investment Proclamation No. 37/1996 (as amended) and in regulations
and directives issued thereunder shall remain applicable in respect of
investment approved prior to the issuance of this Proclamation.
2) Where an investor, eligible for incentives under Investment Proclamation
No. 37/1996 (as amended), opts instead to be a beneficiary of incentives
provided for in this Proclamation and in regulations to be issued hereunder,
he may notify the appropriate investment organ and be entitled thereby.
42. Effective Date
This Proclamation shall come into force as of the 2nd day of July,
2002.
Done at Addis Ababa, this 2nd day of July, 2002.
GIRMA WOLDE GIORGIS
PRESIDENT OF THE FEDERAL
DEMOCRATIC REPUBLIC OF ETHIOPIA
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