“Administrative and Regulatory Mastery, Sustainable Business Growth and Prosperity”

Federal and regional state administrative laws, agencies and actions operate in a parallel universe to our judicial, legislative and executive systems. In fact, the combined mandates and conducts of certain administrative agencies define and regulate the environment in which individuals, businesses, NGOs and other entities live and operate in, making them capable of spelling the difference between success and failure.

Most administrative agencies have lawmaking powers on sectors or industries they are mandated to regulate, and it is imperative that individuals, businesses, NGOs and other regulated entities align their business practices in adherence to the standards set forth by the respective administrative agency. In general, federal and regional state administrative laws determine the organization, powers, duties, and functions of their respective administrative agencies and public authorities; define the relationship amongst administrative agencies and their interactions (touch-points) with individuals, businesses and other entities; outline legal methods of controlling public administration; and list out the rights, responsibilities and liabilities of officials assigned for carrying out responsibilities of administrative agencies. These laws also delegate administrative agencies with a power to create regulations and directives (rule making process) that govern the conduct of businesses, for example, in the areas of health care, tax, environmental, banking & finance, manufacturing, communication, and aviation. Both administrative agencies and clients face legal challenges in determining the rights and responsibilities that may flow from particular administrative legislation. Clients in the regulated industries need to have not only an adequate understanding of the existing regulatory frameworks as well as the ever-changing policies but they should also be able to effectively participate in the rule making process. It is essential that all parties involved in administrative and regulatory compliance matters understand the respective legal framework in order to prevent dispute and resolve disputes if they arise with the least cost and short time possible. Indeed proper legal counsel at the outset highly minimizes the possibility for litigation associated with loss of money, time and energy. As a result, most businesses, NGOs and other regulated entities need proper legal counsel on the standards set by federal and regional states administrative agencies.

Administrative agencies also interpret the laws and make decisions affecting the rights of individuals, business and organizations through their adjudicatory powers. There are currently numerous Ethiopian federal and state administrative organs or agencies that are given administrative and regulatory mandates by law and are, consequently, responsible for the implementation and administration of their respective laws on selected and regulated industries/businesses. These consists of the various executive organs, Commissions (E.g. Investment Commission, Civil Service Commission), Authorities (E.g. Revenue and Customs Authority, Ethiopian Civil Aviation Authority, Ethiopian Communication Authority, Trade Competition and Consumer Protection Authority, Ethiopian Energy Authority, Environmental Protection Authority, Ethiopian Media Authority), Offices (E.g. Ethiopian Intellectual Property Office), Administration (E.g. Ethiopian Food and Drug Administration), Institute (E.g. Ethiopian Standards Agency/Institute) Boards (E.g. Ethiopian Investment Board) and Departments. These organs have adjudicatory organs or tribunals, and the litigation process requires knowledge and skills on the relevant law and procedure. Given the wide scope and complexity of administrative law and regulatory framework and the relatively unsettled nature of administrative law in Ethiopia, clients are recommended to seek legal support to overcome the administrative and regulatory challenges they encounter in the course of running their business.

Finally, most administrative agencies are also executors in their respective sectors. One of the key objectives of administrative laws is to guarantee efficient, economical, and just administration. A system of administrative law that impedes or frustrates this objective would clearly be bad, and so, too, would be a system that results in injustice to individuals or businesses. However, it is not uncommon for individuals, businesses and organizations to be aggrieved by actions taken by administrative agencies.

At Makkobilli Law Firm, with a team of multilingual lawyers with extensive experience and track record serving our clients (individuals, businesses, organizations, and administrative agencies) in all aspects of federal and regional states administrative law and regulatory compliance, we can provide the expert services that will assist you in understanding and choosing the proper course of action in carrying out your business and offer the legal representation and guidance to safeguard your interests throughout the administration and regulatory process in Ethiopia.

Be aware that most administrative or regulatory actions have shorter deadlines to act than most criminal or civil matters, so proactively addressing them is a good idea for a number of reasons. Do not put off dealing with these kinds of matters until the last minute. We can help.

Our Services

At Makkobilli Law, we provide our clients (individuals, businesses, NGOs and other regulated entities) with legal expertise on the administrative and regulatory processes impacting their business including compliance matters, federal and state investigations, disputes before administrative agencies, review of decisions. We also provide other services including drafting regulations, consult on procurement and administrative contract processes. In disputes between clients and administrative agencies or in a grievance over administrative decisions, our services include defending clients against government claims/investigations, representing clients in pursuit of their rights and remedies before administrative organs and tribunals. Generally, our expertise services relate to regulatory compliance and advisory, procedural fairness and judicial review, appeals and representations, public participation and consultation processes, and conflict of interest and Ethical standards compliance.

A. Consultancy and Counseling Services on Administrative and Regulatory Matters

• Assisting our clients comply with the changing regulations and legislation of government agencies that affect their rights or obligations;
• Counseling our clients on the best course of action when dealing with a federal or states government agency, such as applying for a license, requesting a benefit, or appealing a decision;
• Advising and assisting our clients on their transactional works -negotiating and drafting legal documents on matters that are heavily regulated by federal and regional state regulators;
• Taking part in public participation and consultation processes;
• Advising on conflict of interest and ethical standards compliance;
• Guidance for complying with applicable laws and regulations;
• Developing standard agreements for use with customers, vendors, key employees, independent contractors and strategic partners in line with applicable regulations;
• Assisting our clients in proactively identifying, addressing and managing legal risks emanating from administrative laws and regulatory actions;
• Conducting internal investigations and responding to government inquiries;
• Annually undertaking legal check-up (legal audit) and delivering a written report to management;
• Annually delivering a training to the management/operational team of our clients on regulatory matters that impact our clients’ business;
• Regularly keeping our clients updated on new regulatory developments that impact their business’ operation and practice;
• Undertaking high quality researches on particular aspects administrative and regulatory laws based on the needs and requests of our clients; and
• Writing letters to regulatory organs on behalf of our clients regarding actions that negatively impact our clients’ business.

 

B. Representation in Administrative and Regulatory Dispute Resolution

• Representing our clients in administrative/regulatory hearings or trials to challenge an agency’s actions or defend our clients’ legal interests;
• Facilitating the timely resolution of dispute/contested matters including through ADR mechanisms; and
• Seeking procedural fairness and review of decisions (including judicial review), where necessary.

 

C. Regulatory Due Diligence

• Conducting due diligence to help assess regulatory compliance and filing status of the target company under applicable administrative and regulatory regimes;
• Helping our clients assess their regulatory risk and working with them to develop strategies for mitigating that risk;
• Assessing implications of a proposed deal structure, including any consequences, benefits, or obligations for the buyer or the investor under applicable administrative and regulatory regimes;
• Assessing regulatory opportunities or challenges for the post-transaction integration; and
• Helping our clients negotiate terms and price of a deal, based on the regulatory risks and benefits.