Act No. 21/An/13/7Th Establishing, Missions And Organization Of The Inspection Of Competition, Consumption And Repression Of Fraud.

Original Language Title: Loi N° 21/AN/13/7ème L portant création, missions et organisation de l'Inspection de la concurrence, de la consommation et de la répression des fraudes.

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Act No. 21/AN/13/7th L establishing, missions and organization of the Inspectorate of Competition, Consumption and Suppression of Frauds.


VU The Constitution of 15 September 1992;
VU Constitutional Law No.92/AN/10/6th L of 21 April 2010 revising the Constitution;
VU Law No.160/AN/12/6th L of June 9, 2012 reorganizing the Ministry of Economy and Finance in charge of Industry and Planning;
VU Law No.134/AN/11/6th L of 1 August 2012 adopting the Djibouti Trade Code;
VUDécret no.2011-030/PR/MCI of 24 February 2011 on competition, fraud and consumer protection;
VU Decree No.2013-0044/PRE of 31 March 2013 appointing the Prime Minister;
VU Decree No.2013-0045 of 31 March 2013 appointing members of the Government;
VU Decree No.2013-0058 of 14 April 2013 establishing the powers of Ministers.
VU Circular No.198/PAN of 11/11/13, convening the first public meeting of the National Assembly;

The Council of Ministers heard in its meeting of September 10, 2013.

Article 1: is created within the Delegate Ministry for Trade, SMEs, Tourism, Craft and Formalization, an Inspection of Competition, Consumption and Suppression of Frauds, attached to the Minister.

Article 2: The Inspectorate of Competition, Consumption and Repression of Frauds is headed by a Principal Inspector appointed as a Class Officer A scale 1 of the public service by decree taken in Council of Ministers on proposal of the Minister Delegate for Trade, SMEs, Tourism, Craft and Formalization.

Article 3: In addition to the Principal Inspector, the Inspector includes:
- Inspectors appointed from category A scale 1 of the public service by decree taken in Council of Ministers on proposal of the Minister Delegate.
- Comptrollers appointed from the public service category B scale 1 by a simple order on the proposal of the delegated Minister.

Article 4: Inspectors and controllers must be sworn and have a professional card issued by the Minister Delegate for Trade, SMEs, Crafts, Tourism and Formalization, in accordance with the provisions of the Commercial Code.

Article 5: The Inspectorate of Competition, Consumption and Repression of Frauds shall:
- Implement existing legislation and regulations to combat fraud, illicit and unpopulated increases, shortage and endangering the health and safety of the consumer;
- To carry out the control and punishment of all activities relating to smuggling and illicit trade;
- To control the quality of goods and services imported and distributed in the territory of the Republic of Djibouti;
- To verify compliance with national standards of products whose marketing is regulated;
- To conduct investigations into respect for free competition and controls over the loyalty of business practices;
- To note the breaches and breaches of consumer protection rules (male publicity, abuse of weakness, false promotion);
- To ensure the day before the change in market prices;
- Propose reliable techniques for controlling barriers to free competition;
- To archive all records of offences found by inspectors and controllers;
- Perform a database of offences and controlled merchants.

Article 6: Under the authority of the Principal Inspector, the Inspectors shall, in particular, carry out their duties:
- Informing and advising organizations and professional communities on any new measures affecting domestic trade;
- Collecting economic, financial and accounting information on costs and prices in the domestic market, exploiting them and making them available to users;
- Monitor commercial transactions between economic operators;
- Combating illegal practices, abuse of dominant position and illicit agreements of economic operators;
- Fight against monopolies and promote healthy and fair competition;
- To conduct checks and investigations deemed to be useful in order to discourage unfair competition and to conduct any actions that may promote the full exercise of competition;
- Establish investigation and analysis reports on the situation of competition, consumer protection and the repression of monthly, quarterly, semi-annual and annual frauds.

Article 7: The inspectors are responsible for:
- To verify the conformity of consumer products with the regulations in force;
- To monitor the quality of the products consumed in the territory of the Republic of Djibouti;
- To control safety, product prices, labelling and compliance;
- Prepare minutes of checks.

Article 8: For the exercise of inspection missions, the Inspectors of Competition, Consumption and Suppression of Frauds, as well as the controllers, enjoy all the necessary independence from controlled entities, and have all the investigative powers defined in Chapter IX and X of the Trade Code.
As such, they are entitled to:
- request and be presented, all the documents necessary for the fulfilment of their mission and to take copies thereof;
- access to checkpoints according to the conditions set out in the trade code;
- collect all information.

Article 9: Inspectors establish fines and penalties for offences found in accordance with the provisions of Chapters IX and X of the Commercial Code.
Where applicable and depending on the seriousness of the situations, the inspectors also prepare reports of investigations and minutes forwarded to the Minister of Commerce who transmits them to the Public Prosecutor who decides whether the proceedings should be initiated.

Article 10: Inspectors and controllers are required to exercise their mission with fairness, impartiality, rigour, probity, objectivity and to observe professional secrecy. They are subject to disciplinary sanctions in the general status of civil servants.

Article 11: The rank, the cash and in-kind benefits of the Principal Inspector and the Inspectors are set by Order.

Article 12: This Act comes into force as soon as it is published in the official newspaper of the Republic.

Done in Djibouti, 14/12/2013

President of the Republic,
Head of Government