Directive No.
FXD/28/2006
Flower Export and Foreign Exchange Repatriations
 Whereas the Floricultural development and growth in the country is a promising business activity that
is attracting many investors to undertake the business and is anticipated to be an important source of
foreign exchange to the economy in the future;
Whereas        the export of flower requires a special attention, follow-up and support in processing the
export formalities by banks, recording the transactions and shipments.
Whereas         the price of flower fetched at various international markets vary due to various factors,
which requires regularly monitoring, and follow-up of the trading price development and proceed
repatriation using the appropriate mechanisms put in place.
Now, therefore, in accordance with the Monetary and Banking Proclamation No. 83/1994 article 39
(1) and (2), this Directive is issued to monitor the export of flower, proceed repatriations and trading price.
I.      Short Title
         This Directive may be cited as Flower Export and Foreign Exchange Repatriations Directive No.
         FXD/28/2006"
2.       Definitions
         In this Directive, unless the context provides otherwise, the following terms shall have the
         meanings ascribed below:-
                (a)       "NBE" shall mean the National Bank of Ethiopia
                (b)       "Banks" shall mean Commercial Banks that process export permits
          And        collect      proceeds     from       buyers     and      report   to     NBE.
           (c)      "Direct Sales Contract" - flower export sales arrangements made on contractual
          or consignment basis.
         (d)       "Flower Auction Market" - a specialized market where flowers of different
          species, grade and quality are traded on the basis of bid price offered.
         (e)     "Auction Processing Agent" - an organization/individual officially
          Representing exporters at flower auction centers, processing the sales at the centers,
          collecting payments and transferring the proceeds to exporters.
           (f)      "Auction Sales Outcome Report" - A report that is provided by the
          auction center to the exporter after the flower is sold on auction and handing over the
          items to the winners.
           (g)    "Specialized Report On Flower" - A report prepared by the auction
         center and released to market participants, by country and geographical locations.
         (h)     "Place of Auction" - Generally refers to flower auction centers in many
         countries and specific to the ones in Netherlands.
3.   Flower Export Arrangements and Mode of Payments
     1   Sales arrangements shall be carried out in the following two forms:-
          (a) Direct sales
                               I.   Contract base sales
                           ii   consignment sales
                           iii negotiated sales
             (b) Sales at the Auction Market
              2       The Mode of payments applicable for flower exports
             (a) Consignment sales (Open Accounts);
             (b) Letter of Credit (sight, acceptance upto 60 days);
             (c) Cash Against Document (sight, acceptance upto 60 days); and
             (d) Advance payment (transferred through banking system).
4.       Flower Export Permit Processing by Banks
 The following shall apply for processing flower export permits
     1      All requirements indicated under FXD/26/2004 issued for processing
             Export permits, monitoring the Fx repatriation and documentation
             Requirements shall be applicable for the export of flower as well.
     2      In addition to article 4.1 of the above,
            (a) Exporters are required to indicate on the export application the
                     Market where the flower is intended         to be sold.       (Auction Market/Direct
     Market), including the name of the agent delegated To process on behalf of the exporter.
         (b) Exporters are also required to submit copies of the following documents along with the
                   application
                (I) Registration certificate or acceptance letter to participate At the auction center
named.
                (ii) Copy of the agreement signed with the intermediary agent
                        Authorized for handling the sales of the flower at the Auction center. The
agreement should explicitly indicate charges and fees payable. The total charges deducted should
not be more than 25% of the sales proceed expected from a particular export.
                (iii) Purchase contracts or requisition for supply of flower from The buyer. (not
applicable for auction sales)
          (c) If exporters are using a specific bank and branch to process their export permits, items
required under b(i) and (ii) can be placed in apermanent file and may not be necessary to attach
with every export application. However, if changes are made the exporter is responsible to update
the file and duly inform the bank.
3         On the export application to be presented, the quantity and variety of roses
    (summer/cuttings) of flower to be exported shall be expressed in Number of stems
    including the total estimated value in foreign currency and the estimated price per stem.
    Partial shipments scheduled should aggregate and tally to the quantity and value expressed in
    the original application.
            4      Exporters are expected to sell on the basis of the market price prevailing           at the
                auction. Accordingly, the application form presented by the exporter should reflect the
                prevailing price per stem for the flowers to be sold.
            5    Any partial shipment effected should bear the original permit number issued by its bank
                    and partial shipment reference to which the quantity shipped is supposed to be
                    consistent   to   the balance remaining under the permit. Exporters should therefore
                    carefully check the balance and process the export provided sufficient balance in terms of
                    quantity is available under the export permit.
5.         Repatriation of Export Proceed
        1         Exporters shall have the responsibility to repatriate fully the net amount   earned from the
     market in compliance with Article 4.2-b (ii) within 90 days from date of permit issuance.
        2         Transfer of payments by the Auction agents or the direct buyers shall Clearly identify the
     bank permit or partial shipment ref and the appropriate references from the exporter. This requirement
     shall also be included on each invoice issued by the exporter in order to draw the awareness of buyers
     or the processing agents.
       3         Any deductions retained out of the export proceeds for the purposes of covering agents fees
                    and processing costs should clearly be stated in thetransfer documents by providing
          details regarding the Bank permit number or partial shipment reference number and
          others.
6.   Reporting Requirements
          The following organizations and entities shall submit reports to NBE on regular basis.
     1     Commercial Banks
          a) Banks shall report the status and position of flower exporters by providing details of
                     the export permit issued, partial shipments made, proceeds received against
                     the permits issued and deductions made as well.
          b) All reports submitted to NBE shall be supported with documents
                    and relevant information confirming fulfillment of the export processes in line
          with the existing directives and procedures.
     2    Flower Growers & Exporters' Association
          a) The flower growers/exporters Association shall forward flower auction prices fixed at
                     the auction market specially the prices offered for flowers from Ethiopia,
                     Tanzania, Uganda and Kenya on weekly intervals to NBE.
     b) Sales results obtained from Direct and Auction Markets at least for 5% of the active list
             of exporters systematically picked shall be Forwarded by the Association to
             NBE on weekly basis.
     c) Flower exporters shall arrange for proper information flow through
            Their Auction Processing Agents who are expected to provide reports on the
    outcome of auction results and details of the Exported transferred including deductions
    made from each consignment delivered at the auction center to their respective banks
    who issued the export permits.
3   Ethiopian Customs Authority
           The Ethiopian Customs Authority shall send to NBE monthly reports of flower
             exports processed through their office classifying the details by exporters name,
             type of flower, number of stems, and the estimated values in Foreign Exchange,
             Bank permit number or partial shipment reference if any.
4   Flower Exporters
             The flower exporters to their bank who issued the export permits shall submit
             the following reports. If any rejections, damages or spoilage of flowers, partially
             or wholly encountered after shipments are effected, the situation Should
             immediately be reported by the exporter to its bank with supporting documents
             attached.
                         7.       Ex-post Price Verifications and Monitoring
        1     Based on the export file and reports received from banks the NBE shall conduct ex-post
               price verifications and checks the proper compliance to the regulation in place.
        2     Corrective actions and measures shall be taken based on the findings of the ex-post price
               verifications and inspection reports presented.
8.      Effective date
        This Directive shall enter into force as of 28th day of August, 2006
     Teklewold Atnafu
        Governor
        National Bank of Ethiopia