VU The Constitution of 15 September 1992;
VU Constitution Act No. 134/AN/06/5th L of 02 February 2006 revising the Constitution;
VU Constitution Act No. 215/AN/08/5th L of 19 January 2008 revising the Constitution;
VU Constitutional Law No.92/AN/10/6th L of 21 April 2010 revising the Constitution;
VU Order No.2019-095/PRE of 05 May 2019 appointing the Prime Minister;
VU Order No.2019-096/PRE of 05 May 2019 appointing members of the Government;
VU Decree No.2019-116/PRE of 26 May 2019 establishing the powers of the Ministries;
VU Circular No.023/PAN dated 03/02/2020 calling for the public meeting closing the first special session 2019/2020.
The Council of Ministers heard in its meeting of 31/12/2019.

CHAPTER I: GENERAL PROVISIONS

Article 1: It is created with the Presidency of the Republic, an independent administrative authority called “Multi-sectoral Regulatory Authority of Djibouti (ARMD).”

Article 2: The Multisectoral Regulatory Authority of Djibouti is a legal entity of public law, independent, with financial autonomy and management. Its decisions are administrative acts, they are subject to judicial review.

Article 3: The headquarters of the ARMD is set in Djibouti, it can be transferred if necessary, in any other place of the national territory by decree taken in council of the Ministers.

Article 4: The Multisectoral Regulatory Authority of Djibouti is responsible for regulating the activities carried out on the national territory in the following areas:
1. Telecommunications, information and communication technologies;
2. Renewable and non-renewable energy, gas;
3. And any other sector she's responsible for.

CHAPTER II: ARMD MISSIONS

Article 5: ARMD has a mandate in each of the areas under its control to take the necessary steps to:
- Ensure respect for the provisions of legislation and regulations governing sectors within its sphere of competence in an objective, transparent and non-discriminatory manner;
- To protect the interests of users and operators by taking all measures to ensure effective, healthy and fair competition in the sector concerned and within the framework of existing legislative and regulatory provisions;
- Monitoring and monitoring the quality of service of operators licensed to operate in regulated sectors;
- To grant the authorizations provided in the sectors concerned and to implement the licensing, licensing and concession procedures under full transparency and competition conditions;
- Promote the availability and accessibility of regulated services to all consumers, including low-income consumers, rural consumers and those who are disadvantaged;
- To monitor compliance by stakeholders with their obligations under licences, authorizations and concessions;
- To monitor compliance with the conditions of competition in all regulated sectors;
- Plan and manage the spectrum of frequencies;
- Ensure fair competition in all regulated sectors.

Article 6: The specific and complementary functions of the Multisectoral Regulatory Authority of Djibouti in each regulated area are defined in the Sectoral Laws of the sector concerned and their implementing texts.

CHAPTER III: GENERAL ATTRIBUTIONS

Article 7: For reasons of general interest and consumer protection in particular, ARMD has the following powers:
- conduct investigations, including site inspections of service providers subject to regulation to ensure compliance with their obligations;
- impose administrative sanctions in the event of a violation of this Act and other laws and regulations governing the regulated sectors;
- to ensure and facilitate the settlement of disputes relating to regulated services;
- provide guidance to the regulated service provider whose operating licence has been cancelled, suspended, amended or revoked and designate a director.

Article 8: The Multisectoral Regulatory Authority of Djibouti conducts regular checks of rates and other fees required by regulated service providers.
In decision-making, pricing and other fees or setting the mode of their regulation, the ARMD must consider:
- costs of production and supply of goods or services;
- the performance of assets in regulated sectors;
- any relevant comparison point, including international comparisons for prices, costs and returns of assets in comparable sectors;
- fundamental elements in determining rates;
- the interest of the consumer and the investor;
- the desire to promote competitive rates and attract customers without disrupting market growth and profitability;
- the reason for establishing maximum rates and fees and means of regular checks of rates and fees;
- any other reason in the legislation governing the sector concerned.

Article 9: The ARMD has the power to require regulated operators to provide, at least annually, and at any time on request, information or documents that enable it to ensure compliance by the regulated operators with the legislative and regulatory texts as well as obligations arising from the licences, concessions or authorizations issued to them.
Failing to provide information within the time limit or providing false information is punishable by law.

CHAPTER IV: CONSULTATIVE AND INFORMAL ATTRIBUTIONS

Article 10: The Multisectoral Regulatory Authority of Djibouti is associated by the Government with the preparation of Djibouti's position in international negotiations on regulated sectors.
It is also associated with the representation of the Republic of Djibouti in relevant international, regional and subregional organizations in these areas, as well as the negotiation and implementation of conventions and treaties relating to regulated sectors.
The Regulatory Authority is consulted by the Ministers responsible for the regulated sectors, on any bill or regulation relating to the regulated sectors.
It is associated, at the request of the Minister concerned, with the preparation of any decisions relating to its sector or in a manner that affects it, including the design of sectoral policy.

Article 11: The Autorité de Régulation is heard by Parliament during the discussions of bills concerning the regulated sectors.
It ensures the legitimate interests of licensees of concessions, licences or authorizations relating to the regulated sectors as well as to the interests of users when amending the regulations of the regulated sectors.

Article 12: The Multisectoral Regulatory Authority of Djibouti makes available to the public all legislative and regulatory texts, as well as notices of tenders and specifications relating to regulated sectors.
It publishes opinions, recommendations, decisions, standings and any other information relating to the Areas regulated in the Official Journal.

CHAPTER V: BODY AND FUNCTIONING

Article 13: The bodies of the Multisectoral Regulatory Authority of Djibouti are:
- the Board of Directors;
- General Directorate.

SECTION 1: THE REGULATION COUNCIL

Article 14: The Board of Directors of the Multisectoral Regulatory Authority of Djibouti is the supreme governing and decision-making body. It is invested with full powers and responsibilities to manage the heritage of the Multisectoral Authority of Djibouti for the fulfilment of its mission.

Article 15: The Board of Directors shall comprise six (6) members, appointed by Order in Council for a term of four years renewable once, composed as follows:
- the President of the Council, with a preponderant vote, appointed by the President of the Republic;
- 1 personality designated by the President of the National Assembly;
- 2 personalities designated by the Ministries of the regulated sectors;
- 2 independent personalities with competence in the regulated sectors designated by the President of the Republic;
The members of the Board of Directors at their first meeting elect a Vice-President from among them.
The Director General of the ARMD provides the secretariat of the Regulatory Board.

Article 16: To be a member of the Board of Directors, any person must meet the conditions
:
- be integrated;
- not being permanently sentenced to imprisonment for six (6) months;
- have a minimum of five years of expertise and experience in the areas of technical, economic or financial and regulated sectors.

Article 17: The membership of the Board of Directors is incompatible with the following activities:
- perform a position of director or executive officer in a private institution that has any connection with or collaborating with public utility services governed by this Act;
- to have commercial shares or interests in a service of public utility either by itself or by members of his family in the first degree;

Article 18: The member of the Board of Directors leaves his office following the following reasons:
- end of his mandate;
- resignation in writing;
- incapacity caused by physical or mental insufficiency certified by an authorized physician;
- final sentence of imprisonment of six (6) months or more;
- three (3) consecutive absences at the Board of Directors meetings for a period of one year without valid reasons;
- if it turns out that he no longer meets the required conditions considered during his appointment to the Board of Directors;
- conduct manifestly incompatible with its function;
- obstructs the proper operation of the ARMD;
- Death.

Article 19: The Board of Directors is the deliberative body and the decision-making body of the Multisectoral Regulatory Authority of Djibouti. It has the following functions:
- define and direct the general policy of the Multisectoral Authority of Djibouti;
- adopt the annual budget and action plan of the ARMD;
- to approve the accounts of the ARMD closed year;
- to adopt the flowchart, the rules of procedure, the pay grid and the benefits of staff;
- to approve the recruitments and terminations of the supervisory staff and the promotion of the supervisory staff;
- to validate the public annual report that reports on the activities of the Djibouti Multisectoral Regulatory Authority and the application of the legislative and regulatory provisions relating to the regulated sectors. This report is addressed to the President of the Republic, the President of the National Assembly and the Prime Minister;
- to approve competition calls for licensing;
- to oversee the launching and evaluation processes of these competitive appeals, and to award licences and authorizations;
- to impose penalties for breaches of the legislative and regulatory provisions or the contents of the authorizations, licences, concessions and terms of reference;
- to proceed with the conciliations that are requested of it;
- to publish regulatory acts relating to regulated sectors and regulatory decisions in the Official Journal;
- all other functions entrusted to it by the laws and regulations and, in particular, by the Sectoral Laws and their texts of application.

SECTION 2: GENERAL DIRECTION AND REGULATION AUTHORITY

Article 20: The Multisectoral Regulatory Authority of Djibouti is headed by a Director General appointed by Order in Council as Minister on the proposal of the Presidency.
The Director General's mandate is three (3) years renewable once.

Article 21: Director Générai has executive power. It coordinates and directs day-to-day activities and must report to the Implementation Board.
The principal functions of the Director General are:
- initiate and submit to the Governing Council all planning and activities to promote the development of the Regulatory Authority and to carry out its mission;
- to implement, monitor and ensure the implementation of the regulation policy of the Regulatory Authority and the decisions of the Regulatory Council in accordance with the laws governing the regulated sectors;
- preparing tenders for licensing;
- submit to the adoption of the Board of Directors the plans for organizational charts and rules of procedure, as well as the schedule of remuneration and benefits of staff;
- recruiting, appointing, and dismissing staff members in accordance with the laws and subject to the prerogatives recognized to the Board of Directors;
- prepare the draft annual budget and submit them to the Executive Board for adoption;
- to produce the annual report of the activities of the Multisectoral Authority of Djibouti;
- perform any other tasks assigned to it by the Board of Directors and returning to the missions of the Authority of Regulation;

Article 22: The responsibilities and functioning of the structures of the Multisectoral Authority of Djibouti will be defined by decree taken in the Council of Minister.

SECTION 3: PERSONNEL

Article 23: The Multisectoral Authority of Djibouti can employ two types of personnel:
- staff recruited directly under labour contracts subject to the Labour Code and the collective agreement;
- officials and auxiliary agents of the State in the detachment position.
The staff of the Multisectoral Regulatory Authority of Djibouti must present an adequate profile to the position they occupy.

Article 24: Public servants and agents of the State in detachment with the ARMD are subject to the provisions of the general statute of the public service for the duration of their detachment, the regulations governing ARMD and labour legislation.
Members of the ARMD staff shall in no case be employed or paid in any form or title, or have direct or indirect interests in a business under any of the Regulated Areas.

SECTION 4: PROVISIONS APPLICABLE TO MEMBERS OF THE REGULATION BOARD, THE GUIDELINES AND THE PERSONNEL OF REGULATION AUTHORITY

Article 25: The members of the Board of Directors, the Director General and the staff of the Multisectoral Authority of Regulation are required to respect the stricter professional secrecy for any information, fact, act and/or information that they may be aware of because of their functions, for the duration of these and later, without limitation of duration.

Article 26: Any failure to comply with the obligations set out in the above section constitutes a gross negligence resulting in the revocation, for the members of the Board of Directors and the Director General, and termination, for the personnel of the ARMD, without prejudice to any legal proceedings.

Article 27: The members of the Board of Directors, the Director General sworn in on the Qur'an, before the Supreme Court, according to the following formula: "I swear to faithfully and faithfully, impartially and fairly, to fulfil the duties I am entrusted with, in all circumstances, the obligations they impose on me and to keep the secret of the deliberations I have taken part in".

CHAPTER VI: FINANCIAL AND COMPTABLE PROVISIONS

Article 28: The Regulating Authority of Djibouti has ordinary resources and extraordinary resources.
Constituent the regular resources of the Multisectoral Authority of Djibouti:
- the annual fees paid by the licensees of a licence, authorization or concession, as determined by the sectoral laws and specifications;
- costs for the investigation of records, inspection and control of facilities, and procedural costs, paid by industry operators under sectoral laws;
Constituent the extraordinary resources of the Multisectoral Authority of Djibouti:
- the proceeds of loans;
- State subsidies and national or international organizations;
- donations and bequests.

Article 29: The methods of calculation, the rate and the amount of royalties and fees and other remuneration, constituting the ordinary resources of the Autorité de Régulation, are set by regulation when they are not set by the sectoral laws.
The elements constituting the resources of the Multisectoral Regulatory Authority of Djibouti are assessed and recovered by the Regulatory Authority from the operators. The corresponding payments are paid on the current account opened on behalf of the Régulation Authority to a bank establishment of the place.

Article 30: The expenses of the Multisectoral Regulatory Authority of Djibouti are constituted by the operating expenses, equipment and any other expenses in relation to the responsibilities of the Regulatory Authority.

Article 31: Le Directeur General est l'ordonnateur du budget de l' Autorité de Régulation Multisectorielle de Djibouti. As such, the execution of the Budget of the Djibouti Regulatory Authority in both revenue and expenditure is the responsibility of the Director General.
Receipt and payment of expenses shall be made by an Accountant appointed by Order on proposal of the Minister of Budget.

Article 32: The accounts of the Multisectoral Regulatory Authority of Djibouti are audited annually by an Audit firm, whose competence is internationally recognized and in accordance with the standards prescribed in this matter. The audit report is made public by the Board of Directors.

Article 32-1: The accounts of the regulatory authority are subject to the control of the Court of Accounts as well as the State control bodies (IGE, IGF).

CHAPTER VII: RESOLUTION OF LITIGES AND SANCTIONS

Article 33: The Multisectoral Regulatory Authority of Djibouti may, either on its own motion or at the request of a Minister concerned, either at the request of a professional organization or at the request of a user association, punish the breaches it sees in the legislative and regulatory provisions governing the sectors it regulates.

AMD sets out, by regulation, the terms and conditions of these sanctions. It may not be seized of facts dating back to more than three years, if it has not previously been done any of the acts directed at their research, finding or sanctioning.

Article 34: The Multisectoral Regulatory Authority of Djibouti maintains the sponsor(s) of the failure to comply with the rules applicable to their field of activity within a specified period of time, in accordance with the relevant sectoral texts.
It makes public this stipulation by any appropriate means.

Article 35: Unless there is an emergency set out in the sectoral texts, the penalties are imposed after the individual has received notification of the grievances and has been put in a position to consult the file and to make written or oral submissions.
When the author of the breaches fails to comply with the deadline for the establishment of the Régulation Authority, the Authority may impose one of the penalties provided for by the relevant sectoral text.

Article 36: Decisions are motivated and notified to or interested and published in the Official Journal.
Monetary penalties are recovered as State claims. They are not part of the Authority's own resources.

Article 37: The decisions of the Regulatory Authority may be appealed to the Administrative Tribunal.

Article 38: ARMD may punish a natural or legal person who refrains from providing information requested within the time limits provided for in this Act, from an administrative fine of two hundred thousand (200,000 DJF) to two million (2.000.000 DF) of Djibouti francs.
ARMD can also punish a natural or legal person who gives false information of an administrative fine of five hundred thousand (500,000DJF) to five million (5.000.000 DJF) of Djibouti francs.

Article 39: A natural or legal person who resorts to anti-competitive practices and abuse of his or her dominant position is liable to an administrative fine established by the Board of Directors, but this fine cannot exceed ten percent (10%) of the turnover of the natural or legal person.

CHAPTER VIII: OTHER AND FINAL PROVISIONS

Article 40: Holders of conventions, licences and authorizations are required to report to the Djibouti Regulatory Authority within a maximum of one year from the date of promulgation of this Act. Otherwise, they will be deemed to have waived the benefits of their agreement, licence, or authorization.

AMD may make any amendments to these conventions, licences or authorizations that it considers necessary.

Article 41: All legal provisions before the present Act are repealed.

Article 42: This Act will come into force upon promulgation and will be published.