የአርክቦትና ጥቅም ተጋሪነት አዋጅ መነሻ | ክፍል 1 | ክፍል 2 | ክፍል 3 | ክፍል 4 | ክፍል 5 | ክፍል 6 | Part 7

33. Transitory Provisions

1/ Access agreements made prior to the coming into force of this Proclamation shall be revised and harmonized with the provision of this Proclamation.

2/ The access to genetic resources under agreements consulted prior to the coming into force of this Proclamation shall be suspended until they are revised and harmonized with the provisions of this Proclamation.

34. Duty to Cooperate

Any person shall have the duty to cooperate with the Institute, the relevant institutions, and local communities in the implementation of this Proclamation as well as regulations and directives issued hereunder.

35. Penalty

1/ Any person who:

a) Accesses genetic resources or community knowledge without obtaining an access permit from the Institute.

b) Provides false information in the access application or in the course of subsequent monitoring of access agreement;

c) Subsequently changes the purpose of access specified in the access agreement without obtaining permit from the Institute to the effect.

d) Explores genetic resources without obtaining exploration permit from the Institute or provides false information is the application for exploration permit;

Shall, with out prejudice to the confiscation of the genetic resource accessed, the cancellation of the access permit granted, and the civil liability arising thereof, be punished, depending on the gravity of the circumstance, with rigorous imprisonment of not less than three years and a fine of not less than ten-thousand and not exceeding thirty-thousand birr.

2/ Where the offence committed is in relation in genetic resources endemic to Ethiopia:-

The punishment shall be, depending on the circumstance, rigorous imprisonment of in less than five years and not exceeding twelve-years and fine ranging from fifty thousand birr to hindered-thousand birr.

3/ Where the offences under this Article are committed in negligence, the penalty shall be a fine of not less than five thousand birr or depending on the circumstance and the gravity of the offence, simple imprisonment of not less than three months.

36. Inapplicable Laws

No law, regulation, directive or practice shall in so far as it is inconsistent with this Proclamation, have effect with respect to matter provided for by this Proclamation.

37. Power to Issue Regulations

The Council of Ministers may issue regulations necessary for the proper implementation of this Proclamation.

38. Effective Date

This Proclamation shall come in to force upon publication in the Federal Negarit Gazeta.

Done at Addis Ababa, this 27 day of February, 2006