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Lawyers look at harmonizing regional business relations

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The forum to harmonize business regulations in the Common Market for Eastern and Southern Africa (COMESA) was held at Palace Kempinski Hotel in Djibouti, on December 6 and 7, 2017.
The forum that was organized by ABLE Network/Club 54 came up with legal ways to harmonize business regulations in the regional common market area.
The event held under the title: ‘Forum for Harmonization of Business Regulations in the COMESA Area’ included several legal actors from the region and lawyers from Djibouti.
Souleiman Ali Djama, Prosecutor General of Djibouti, told Capital that the forum is very interesting because it is talking about how to create African regional integration laws.
“It is specifically interesting because it is the first time that this kind of initiative has been hosted by a private network of lawyers,” he added.
“It is a good approach when talking about economic integration, it is in fact about business and contracts that automatically lead to lawyers and people who can help you and of course there is a lot of systems in different countries in the COMESA region so this kind of network of lawyers can help to make it easier to connect business people with different legal systems,” the Prosecutor General said.
“We have been working hard to unify on the common base in different countries on legal integration including the criminal cases,” he added.
The COMESA arbitration court ratified by many of the members is based in Djibouti and it is expected to be effective, according to Souleiman.
The forum includes several participants from different nations and has positively influenced integration and arbitration.
“Meanwhile Djibouti is the only Francophone country in COMESA, Anglophone and Arabic speakers are growing which makes the integration very easy for us,” the Prosecutor General said.
Maitre Ahned Abdourahman Chelk, who is one of the organizers of the forum said, “we decided to move on with the entire subject as the harmonization and facilitation of the economical and business law within the COMESA.”
ABLE Network/Club 54 is a leading Pan-African network and think tank, with members in 45 African countries and a dozen non-African countries.

 

New regulation forces LC to be same as invoice

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The National Bank of Ethiopia (NBE) is going to implement a new scheme for approving letters of credit (LC). Banks are supposed to use the given price of items when they allocate hard currency.
The new scheme that banks are expected to adopt is that the LC amount that individual or companies request needs to be equivalent to the actual price of the imported items.
Currently any importer who wants hard currency for their import is not obliged to submit the price of the imported items at exporting countries’ markets.
Banking experts said that if an individual wants to import a vehicle that may cost USD 10,000 they would not be obliged to request the vehicle purchase price.
Under the current rules individuals or companies who want hard currency can get it from banks and the balance then is filled by different sources mainly from parallel sources or black markets.
A week ago NBE provided an introduction for bank officials and relevant officers about the new scheme, according to sources.
According to the new scheme banks must follow the Ethiopian Revenue and Customs Authority (ERCA) price rate for imported items that ERCA is using for tax and duty calculation.
Sources said that the price list of imported items brought from ERCA has already been distributed to the banks.
Experts said that the new scheme will be applied for imported items and that their price is already listed at the ERCA document. According to the information from ERCA over 5,900 items are imported from abroad.
The hard currency crunch that the country faces has forced the central bank to apply new rules and regulations regarding the management of hard currency at financial institutions.
The new scheme is targeted to cut the black market and illegal systems and force importers to use only the financial institutions as hard currency sources.
Experts at private banks said that the new NBE rule will contribute to increasing banks’ hard currency earnings and reducing illegal remittances, which are one of the major reasons for illicit finance flow.
Even though the issue has not been studied, importers are using finance from outside sources, who collect hard currency secured from illegal money transfers, for their imports, according Teklewold Atnafu, Governor of NBE, who spoke about the issue during his recent appearance at the Budget and Finance Affairs Standing Committee of the Parliament.
He explained in detail about this illegal hard currency market by giving examples.
He told the standing committee that the problem will be solved after the application of the new regulation.
“We are undertaking a study to stop these kinds of transactions,” he told parliament members. “We will follow the decision of the government,” he added.
According to recent statement, NBE, ERCA and the Ministry of Trade are undertaking a study to tackle under invoicing.
The government stated that most of the actual goods imported are not in par with the hard currency amount allocated by banks.
It has raised concerns of illegal hard currency sources and tax evasion.

Lycee Guebre-Mariam organizes Telethon to support research for genetic diseases

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Lycee Guebre-Mariam organized a half a day Telethon and an evening of talent show on Saturday, December 9, 2017 inside the school’s compound.
The school organized the Telethon with the objective of collecting donations that go to scientific research against genetic diseases; more specifically Myopathy, a disease that affects the muscles. lycee
“With the association of high school students and the ADFE, we decided to commit ourselves to this public health cause. We chose this because actions are clearly framed by an association (AFM) which has an irreproachable reputation in terms of monitoring its funds. Genetic diseases are also too often forgotten by research budgets that do not find them “lucrative” enough in terms of return on investment; citizen engagement for this cause is therefore fully justified,” stated Jean-Christophe Torres, Principal of the school.
He further stated that participation of Lycee’s students to help organize the event has been very good. “The students were informed by us. They did a lot, gave very good and many ideas that we had not thought of at the beginning. When given the freedom and opportunity to take initiative, my experience shows me that they are giving you back a hundred times. This is what happened for this action,” Torres underlined.
The event was not organized with a quantitative goal in terms of collecting funds. “We count on a strong mobilization to accompany us and help the research, we do our utmost to communicate on the event. The rest does not depend on us,” the Principal said before the event kicked off.
The school hopes to make the Telethon which was held for the first time this year, an annual event. Both the Telethon and the talent show were open to the public.

UN, Somalia agree to four year development guidelines, ANISOM prepares transition

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On December 5, the Federal Government of Somalia and the United Nations signed the UN Strategic Framework for Somalia (UNSF). It provides a framework for the UN’s support to Somalia’s development priorities over the coming four years. Prime Minister Hassan Ali Khaire, United Nations Special Representative of the Secretary-General for Somalia Michael Keating, Minister of Planning, Investment and Economic Development, Gamal Mohamed Hassan, and Peter de Clercq, Deputy Special Representative of the Secretary-General, Resident and Humanitarian Coordinator signed the agreement.
“The framework sets out how the UN will support Somalia, including in key areas such as achieving universal elections, strengthening the rule of law and improving governance,” Mr. Keating said. Looking ahead, “it will guide our collective efforts to improve the quality of life and opportunities for all Somalis,” he added.
UN Deputy Special Representative of the Secretary-General for Somalia Peter de Clercq emphasized that, “the UNSF recognizes past efforts, cements the close partnership between Somalia and the United Nations, and reiterates our commitment to working together for the delivery of tangible results to the Somali people.”
The UNSF articulates the collective strategy, commitments and actions of 23 UN agencies and the UN Assistance Mission in Somalia in support of the country’s development priorities, as outlined in the National Development Plan, towards achieving the Sustainable Development Goals. It follows an extensive strategic assessment that gathered input, feedback, hopes and aspirations of a broad range of stakeholders, including Somali civil society, government counterparts and the public.
In the spirit of “leaving no-one behind”, the framework has adapted gender equality and women’s empowerment, human rights, and youth engagement and empowerment as cross-cutting issues, and is structured along five strategic priorities: deepening federalism and state-building, supporting conflict resolution and reconciliation, and preparing for universal elections, Supporting institutions to improve peace, security, justice, the rule of law and the safety of Somalia. It also includes strengthening accountability and supporting institutions that protect Somalia; strengthening resilience of Somali institutions, society and the population; and supporting socio-economic opportunities for Somalis.
In related news a high-level annual conference on Peace and Security, aimed at mobilizing efforts to address common challenges facing the African continent, took place in Lusaka, Zambia during the middle of last week.
Senior diplomats of the African Union, among them Ambassador Smail Chergui, the AU Commissioner for Peace and Security Department and the Deputy Special Representative of the AU Commission Chairperson (SRCC), for Somalia, and Mr. Simon Mulongo, were among participants attending the forum.
In his keynote address to the conference, Mr. Mulongo enumerated achievements made by the African Union Mission in Somalia (AMISOM), in the fight against militant group Al-Shabaab.
“AMISOM is one of the most complex Peace Support Operations ever undertaken in Africa and likely, the deadliest in modern recent times. AMISOM has made major sacrifices in the push to stabilize Somalia,” he told participants at the conference.
“AMISOM is reconfiguring its forces to address existing and emerging challenges in this transition,” Mr. Mulongo remarked, in reference to the planned transitioning of the security responsibilities from AMISOM to the Somali security forces.
“It is our hope that the much-needed international community support to achieve a smooth transition will be availed, to the Somali institutions as well, to enable them to continue stabilizing Somalia after AMISOM,” he stated.
Ambassador Smail Chergui, highlighted the conflicts bedeviling the continent and their impact on people. He called for concerted efforts to find lasting solutions.
“We stand with the families that have lost their loved ones in these conflicts and terrorist attacks,” Ambassador Chergui said.
“It is our responsibility, through the Peace and Security Council to ensure that peace reigns in the continent and to foster development activities which elevate the livelihoods of Africans,” he noted.
The annual Peace and Security conference rallies African members of the UN Security Council, to deliberate and align their activities along a common vision, in line with the AU Peace and Security Council’s objectives.
The conference also brought together AU Special envoys and representatives, who updated the peace and security situations on the continent, which are of interest to the African Union and the UN Security Council.

By Tesfaye Getnet
Mogadishu, Somalia