By Mahlet Mesganaw, Partner at DMLF
Immigration Proclamation No. 354/2003 has been governing the immigration procedures of the country since July 3rd,2003. Quite recently, the House of Peoples’ Representative of Ethiopia endorsed an amendment to the Immigration Proclamation No 354/2003. The new amendment proclamation can be referred to as Immigration Amendment Proclamation No.1339/2024. This new amendment proclamation shall be effective as of the date of publication on the Federal Negarit Gazette. An attempt shall be made to cover major amendment points to the Immigration Proclamation here below.
Institution Name
The government authority empowered to administer and regulate immigration in Ethiopia is now known as Immigration and Citizenship Service(ICS).
Travel Document Requirements
Under Proclamation No 354/2003, there were requirements for travel documentations for tourist and transit visa holders. Now the new amendment proclamation included not only tourist and transit visa holders but also short meetings, workshops, media work, religious and sport visa holders. Those individuals who possess visas for tourism, transit, short meeting, workshop, media work, religious or sport visas are required to have valid travel documents, valid entry visa or a valid permanent residence permit, health certificate as may be required and a ticket valid for travel from Ethiopia to another country including health certificate that enable the traveler to enter the country of destination.
Persons Prohibited not to Depart from Ethiopia
Proclamation No 354/2003 Article 7 used to say ‘ any person may only be prohibited not to depart from Ethiopia by an order of a court given in accordance with the law’. However the new amendment proclamation added another sub-article giving power to the Director General(DG) of the ICS to suspend any person from leaving the country based on information obtained from relevant security service and law enforcement organs or the information obtained by the ICS itself and the DG believes that there is a clear and substantial harm that cannot be reversed in the national interest and security. If a person has been detained by the order of the DG , ICS must ensure that the detainee is brought to court.
Registration
Proclamtion No.354/2003 used to require registration of the following persons: all foreigners residing in Ethiopia, immigrant visa holders, student or business visa holders or anybody who entered Ethiopia without visa and all intending to stay more than 90 days, are required to register within 30 days of their arrival. The new amendment proclamation added foreign persons entering on religious or medical visas also to undergo the same registration with ICS.
Obligation of Carriers
Article 17 of the Proclamation 354/2003 is replaced by a new one. The new replacement article attempts to be more specific and detailed on the obligations of the carrier. As a result any carrier bears a duty to notify or send to the ICS the advanced passenger’s information and name list three hours prior to the entry or departure of a passenger.
Foreign Workers or Representative Registration
The new amendment Proclamation added an article on responsibility of a person hiring or working with a foreigner to undergo registration. The obligation is laid upon the person hiring those foreign workers. Any person who wants to bring in a foreign person to the country for work or other services must complete the necessary information and register at ICS. The employer shall also notify the ICS within three working days of the termination of the relationship with the registered person. Any legal person shall register a representative at ICS in order to obtain the services required by a representative, and in the event of a change of representative, he shall notify the ICS. The detailed implementation of this registration of foreign workers and representatives shall be determined by the directives to be issued for the implementation of this Proclamation.
Therefore, the amendment to the Immigration Proclamation has included the above major additions. Few other additions are left uncovered here as the intention of this article is to shed light to the major additions only.
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