VZCZCXRO8649
RR RUEHROV
DE RUEHDS #2618/01 3081222
ZNR UUUUU ZZH
R 041222Z NOV 09
FM AMEMBASSY ADDIS ABABA
TO RUEHC/SECSTATE WASHDC 6719
INFO RUCNIAD/IGAD COLLECTIVE
RUEPADJ/CJTF HOA
RUEAIIA/CIA WASHINGTON DC
RUEKDIA/DIA WASHINGTON DC
RUEWMFD/HQ USAFRICOM STUTTGART GE
RUEKJCS/JOINT STAFF WASHINGTON DC
RUEHLMC/MILLENNIUM CHALLENGE CORP
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC

UNCLAS SECTION 01 OF 02 ADDIS ABABA 002618 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR AF/EPS - ABREITER AND GMALLORY; EEB/IFD/OMA - 
JWINKLER AND EEB/CBA - DWINSTEAD; EEB/TPP/BTA 
DEPARTMENT PASS TO USTR FOR PATRICK COLEMAN, BARBARA GRYNIEWWICZ, 
GLORIA BLUE, JANE DOHERTY, AND JEFF WEISS 
DEPT OF COMMERCE FOR ITA MARIA RIVERO 
DEPT OF TREASURY FOR REBECCA KLEIN 
USAID FOR AFR/EA - HELLYER, DALTON, AFR/SD - CURTIS 
 
E.O. 12958: N/A 
TAGS: ETRD ECON EFIN EINV BEXP AF ET
SUBJECT: ETHIOPIA: SANITARY AND PHYTOSANITARY AND STANDARDS-RELATED 
FOREIGN TRADE BARRIERS REPORT FOR 2010 NATIONAL TRADE ESTIMATE 
REPORT 
 
REF: STATE 106353 
 
ADDIS ABAB 00002618  001.2 OF 002 
 
 
¶1. (U) This cable is a response to reftel request for reports on 
Sanitary and Phytosanitary (SPS) and Standard-Related foreign trade 
barriers. 
 
Sanitary and Phytosanitary (SPS) 
-------------------------------- 
 
¶2. (U) On September 9, 2009, the Ethiopian Government enacted 
Proclamation No. 655/2009, establishing a regulatory framework for 
biosafety in Ethiopia.  The stated objective of the proclamation is 
to protect biodiversity, as well as human and animal health, from 
the "adverse effects of modified organisms." This law places a 
significant regulatory burden on those who seek to import food 
commodities containing "modified organisms" (MO) and is both more 
expansive and comprehensive than internationally accepted norms on 
biosafety outlined in the Cartagena Protocol on Biosafety.  For 
example, it makes no distinction between viable (i.e., able to 
reproduce in the environment) and non-viable organisms, as outlined 
in the Cartagena Protocol.  As a result, the proclamation may result 
in a significant barrier to trade in both processed and raw food 
products, as well as a variety of agricultural products.  Corn, soy, 
and cotton derivative products are among the potentially affected 
products.  The estimated impact of this trade barrier ranges from 
USD 100-500 million. 
 
¶3. (U) The biosafety law grants the Ethiopian Environmental 
Protection Authority (EPA) the power to regulate the making or use 
of any MOs in "teaching, research, production, import, export, 
transit, release, contained production, transport, placing on the 
market, or use as pharmaceutical, as food, as feed, or for 
processing."  According to the law and directives, an Advanced 
Informed Agreement (AIA) must be obtained before a viable or 
non-viable MO may enter Ethiopia.  The AIA application process 
includes submission of product characterization information, 
environmental and human health risk assessments, social and economic 
impact assessments, and risk management plans.  By contrast, the 
Cartagena Protocol only requires an AIA for living modified 
organisms intended for direct release into the environment, not for 
those intended for food, feed, or processing. 
 
Standards, Testing, Labeling, and Certification 
--------------------------------------------- -- 
 
¶4. (U) The Quality and Standards Authority of Ethiopia regulates all 
exports and imports that are subject to Ethiopian standards. 
Certification is required for foodstuffs, construction materials, 
chemicals, textiles, and pharmaceuticals.  Outside of the new 
biosafety legislation affecting food and agricultural products, the 
standards appear to be consistent with international norms. 
Pharmaceuticals that have been extensively tested and licensed in 
other countries are allowed to enter the Ethiopian market without 
further testing.  Industry sources have reported instances in which 
burdensome regulatory or licensing requirements have prevented the 
import and/or local sale of products from the United States and 
other countries, particularly personal hygiene and health care 
products. 
 
¶5. (U) Ethiopia established a National Codex Committee (NCC) in 
2003, which advises the Ethiopian Government on food standard 
issues.  The NCC is a member of the Food and Agricultural 
Organization of the United Nations (FAO)/World Health Organization 
(WHO) Coordinating Committee for Africa (CCAFRICA), which 
participates in Codex (the WTO-recognized body for setting 
international food safety standards). 
 
¶6. (U) The new biosafety law imposes rigorous examination and 
burdensome labeling requirements for MO-related food and 
agricultural products.  The EPA must be notified before any MO is 
transported into Ethiopia and MOs must be declared at points of 
entry.  MO-related products must be labeled, in English and the 
local language (Amharic), with the words "contains modified 
 
ADDIS ABAB 00002618  002.2 OF 002 
 
 
organism."  Customs officers have the authority to examine, sample, 
and detain loads if they are thought to contain unauthorized MOs. 
Transporters must obtain a special license to bring viable MO 
products into Ethiopia. 
 
USG Action 
---------- 
 
¶7. (SBU) CDA Meece and various USAID officials have held several 
meetings with Government of Ethiopia (GoE) officials to discuss our 
concerns regarding the restrictive biosafety legislation.  USAID has 
also submitted written comments to the GoE requesting clarification 
of the language to be used in the law's implementing directives.  It 
seems unclear at this point how the GoE will define the broad-based 
language used in the law and corresponding directives or whether GoE 
officials have the capacity to implement the new legislation. 
Notably, this law could restrict the importation of the vegetable 
oil and rice portions of USAID's food aid.  USAID currently has 
approximately 31,000 metric tons of food aid en route to Ethiopia 
that contains corn and soy processed commodities. 
 
¶8. (U) FAS and the US Codex Office are implementing a comprehensive 
program to enable members of CCAFRICA to participate more 
effectively in Codex and to adopt Codex and other internationally 
recognized standards related to agricultural trade.  In July 2009, 
the Foreign Agricultural Service (FAS) hosted a week-long Codex 
seminar in Ethiopia.  The focus of the training activity carried out 
in Ethiopia was on helping the NCC better understand its respective 
role and responsibilities and to provide it with tools with which to 
achieve more effective participation in the standards-setting 
activity of Codex.  As a result of the training, FAS plans to 
follow-up with Ethiopia on its regional coordination activities and 
monitor its planned evaluation and development of its national food 
control system. [Note:  The Foreign Agricultural Service (FAS) has 
not yet studied Ethiopian SPS regulations and non-tariff barriers. 
FAS will appoint an Agricultural Attache to begin work in AmEmbassy 
Addis Ababa during FY10. End Note.] 
 
¶9. (U) As requested, Post will forward electronic copies of the 
biosafety legislation as well as meeting report summaries to stated 
reftel USTR points of contact in addition to a Word version of the 
reports contained in this cable. 
 
MUSHINGI