SKY Advocacy Services LLP

1. Background of the Franco Valuta System in Ethiopia

Franco Valuta arrangements serve as a significant mechanism to facilitate trade and investment without placing pressure on national foreign exchange reserves.

The system previously lacked a comprehensive and modern regulatory framework.

This historical lack of regulation created risks related to illicit financial flows, institutional fragmentation, foreign exchange circumvention, misreporting, and misuse.

2. Key Changes Introduced by the New Directive

  • The directive establishes a unified legal framework to govern Franco Valuta transactions.
  • It mandates the use of the Foreign Exchange Monitoring and Orchestration Unified System (FEMOUS) to ensure all transactions are digitally recorded and traceable.
  • The directive explicitly categorizes eligible users, such as licensed investors, diplomatic corps, and NGOs, and defines allowable purposes for importation.
  • It introduces clear definitions for violations, including false declaration, circumvention of controls, and misuse of the system.
  • The directive prescribes specific administrative measures for non-compliance, such as confiscation of goods, criminal liability, and monetary penalties.

3. Anticipated Outcomes

  • Clarity and Predictability: The directive establishes a structured list of eligible persons and permitted goods, which provides clarity and reduces uncertainty for legitimate businesses and investors.
  • Standardization: By setting forth specific documentation requirements—such as proforma invoices and shipping documents—the directive streamlines the customs process for compliant traders.