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Directive No. 112/2008 EC breaks this offence into three
categories:
• The violation by a carrier of
permitted transit channels
(including entry and exit points), as well as packaging
and timing;
• The lack of fulfilling preconditions by a declarant and
carrier, not packaging those export items that needed
to be so when in transit; and
• The failure of a declarant or carrier to notify ERCA in
writing in case of accidents
and force majeure for a
good in transit.
The schedules for the fines are Birr 5,000 for first offence,
10,000 for second offence and 20,000 for third and more
offences. For concurrent violation, the penalty is Birr
20,000.
• Using duty free goods or goods imported on the basis of
a reduced duty and tax for purposes other than those for
which the duty relief was intended or passing them on to
another person; for transferring goods intended for personal
use to people outside the family; for receiving, using,
damaging or placing such goods under the service of others
carries a fine equivalent to 50%
of the duty and tax payable
assuming that the goods are imported at the time of seizure,
in addition to settlement of the duty and tax. The duty and tax
for the first and second offences mentioned are borne by the
beneficiary of the duty free privilege or the person to whom
the goods are transferred. In the case of the third offence
mentioned, the person who committed
the crime and the duty
free privilege beneficiary will be liable. However, if the person
found in possession of the good pays the duty and tax as well
as the penalty, customs might furnish them with a declaration
or a document referring to this fact.
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MARCH 2017
138
82 The Criminal Code of the Federal Democratic Republic of Ethiopia 2004
sets the lowest
floor for a fine to be ten Birr but for a juridical person it is one hundred up to five hundred
thousand Birr.
83 The authority is vested with the power to investigate and prosecute these criminal offences.
84 This includes the offence in relation to documents, warehouse, and means of transport,
business premises or a dwelling house.
85 As per Article 106/1 of the Criminal Code of 2004, simple imprisonment is a sentence
applicable to crimes of a not very serious nature committed by persons who are not a serious
danger to society.
86 As per Article 108/1 of the Criminal Code of 2004,
rigorous imprisonment, contrary to simple
imprisonment, envisages a crime of a grave nature committed by criminals who are particu-
larly dangerous to society. Besides, it is intended also to provide for a strict confinement of the
criminal and for special protection to society.
• Using temporarily imported goods without payment of duties
and taxes is an offence subject to a fine equivalent to 50% of
the duties and taxes payable without affecting the forfeiture of
the guarantee and the goods shall be re-exported. If the goods
are not re-exported within two
months of the completion
of the specified period, unless the period is extended, the
security provided for them shall be relinquished to the
Government and the goods may, upon the completion of the
appropriate
customs formalities, either remain in the country
or be re-exported.
• Failure to comply with
other prohibitions or obligations
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